by the king, a proclamation against steelets, pocket daggers, pocket dagges and pistols england and wales. sovereign (1603-1625 : james i) 1616 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22133 stc 8539.5 estc s380 22341913 ocm 22341913 25412 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22133) transcribed from: (early english books online ; image set 25412) images scanned from microfilm: (early english books, 1475-1640 ; 1752:14) by the king, a proclamation against steelets, pocket daggers, pocket dagges and pistols england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 broadside. by robert barker ..., imprinted at london : 1616. "giuen at white-hall, the 25. day of march, in the fourteenth yeere of our reigne of great britaine, france and ireland, and of scotland the nine and fourtieth"--colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng crime prevention -england. weapons -england. armor -england. proclamations -great britain. great britain -politics and government -1603-1625. great britain -history -james i, 1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 aptara keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation against steelets , pocket daggers , pocket dagges and pistols . the loue and care wee haue towards the preseruation of our subiects , and the keeping of our lande from being polluted with blood ; doth make us striue with the euill humors and depraued customes of the times , to reforme and suppresse them by our princely policy and iustice ; to which end and purpose , we haue by the seueritie of our edict , ( proceeding from our owne pen , and by the exemplar censure and decrees of our court of starre-chamber ) put downe , and in good part mastered that audacious custome of duelles and challenges , and haue likewise by a statute made in our time , taken away the benefit of clergie in case of stabbing , and the like odious man-slaughters : wherefore it being alwayes the more principall in our intention to preuent , then to punish , being giuen to vnderstand of the vse of steelets , pocket daggers , and pocket dags and pistols , which are weapons vtterly vnseruiceable for defence , militarie practise , or other lawfull vse , but odious , and noted instruments of murther , and mischiefe ; we doe straightly will and command all persons whatsoeuer , that they doe not hencefoorth presume to weare or carie about them any such steelet or pocket dagger , pocket dagge or pistoll , vpon paine of our princely indignation and displeasure , imprisonment and censure in the starre-chamber ; and we doe likewise straightly forbid vpon like paine all cutlers , or other person , to make or sell any of the said steelets , pocket daggers , pocket dagges or pistols . giuen at white-hall , the 25. day of march , in the fourteenth yeere of our reigne of great britaine , france and ireland , and of scotland the nine and fourtieth . god saue the king imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1616. by the king where vpon our first comming to the succession of this kingdome, at the sute of diuers persons, who had ... commissions ... for the taking up of hounds ... england and wales. sovereign (1603-1625 : james i) 1605 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a22017 stc 8378 estc s123961 33150759 ocm 33150759 28742 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22017) transcribed from: (early english books online ; image set 28742) images scanned from microfilm: (early english books, 1475-1640 ; 1875:31) by the king where vpon our first comming to the succession of this kingdome, at the sute of diuers persons, who had ... commissions ... for the taking up of hounds ... england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.). by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno dom. 1605. recalling commission for acquisition of hunting dogs for the king. other title information from first 4 lines of text. "giuen at our honour of hampton court, the xxvij day of september, 1605. in the third yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -i, -king of england, 1566-1625. hunting dogs. hunting customs -england. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2008-01 tcp assigned for keying and markup 2008-02 spi global keyed and coded from proquest page images 2008-03 mona logarbo sampled and proofread 2008-03 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion ❧ by the king. where vpon our first comming to the succession of this kingdome , at the sute of diuers persons , who had or pretended to haue from the queene of famous memory our sister deceased , commissions as annexed of course to seuerall offices which they helde , for the taking vp of hounds , greyhounds , spaniels , and dogges of other sorts accustomed for venerie , faulconry or other sports of princes , we did renew vnto them their said commissions , and grant the like to some others who had no offices , vpon diuers suggestions made vnto vs , which commissions wee haue since beene informed from diuers partes of our realme , that inferiour officers who haue bene trusted with them , haue abused and do dayly abuse , contrary to the meaning of the same , which was to bee executed no further forth then the necessity of our seruice should require : and forasmuch also as we haue had good proofe that gentlemen and others , who delight in the like pastime of hunting and hanking , haue and will be ready at all times of their owne good will and respect to our recreations , to furnish vs of sufficient number of dogges of all sorts , which wee shall haue cause to vse , when they shall be informed that we haue need of them : wee haue therefore found it vnnecessary to continue the execution of any our commissions heretofore giuen for that purpose , and doe hereby notifie the same to all our subiects , and expressely charge and command all those , who haue any such commissions or warrants from vs vnder our great scale , or any other our scales , that they doe not onely forbeare to put the same in execution from henceforth , but also do bring in and deliuer vp the sayd commissions and warrants , into our chancerie , or any other office , where they haue bene sealed , within the space of twentie dayes after the publishing hereof , as they will answere the contrary at their perill . willing also and commanding our attourney generall , and all other of our counsell learned , that whensoeuer they shall receiue information , that any person , who hath had such commission from vs , shall after the time aboue limitted execute the same , that they doe prosecute their offence therein as in case of contempt by all such wayes and meanes , as in like case is vsuall . giuen at our honour of hampton court , the xxvij . day of september , 1605. in the third yeere of our reigne of great britaine , france and ireland . god saue the king. ¶ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1605. by the king. a proclamation for proroguing the parliament proclamations. 1607-09-30 england and wales. sovereign (1603-1625 : james i) 1607 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a22039 stc 8405 estc s117198 99852413 99852413 17734 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22039) transcribed from: (early english books online ; image set 17734) images scanned from microfilm: (early english books, 1475-1640 ; 1136:19) by the king. a proclamation for proroguing the parliament proclamations. 1607-09-30 england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.) by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno dom. 1607. plague precautions. reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng plague -england -london -early works to 1800. england -proclamations -early works to 1800. 2006-03 tcp assigned for keying and markup 2006-04 apex covantage keyed and coded from proquest page images 2006-05 mona logarbo sampled and proofread 2006-05 mona logarbo text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion royal blazon or coat of arms ❧ by the king. ¶ a proclamation for proroguing the parliament . whereas at the rising of the late session of our parliament , wee prorogued the same vntill the sixteenth day of nouember now next ensuing , for as much as the infection of the plague is now in some parts of our citie of london , so that it is to bee feared that if the terme and parliament should meete together , and thereby draw a double concourse of people from all parts of the realme thither , it might giue occasion both to increase the saide sickenesse thereabouts ( where our most abode is ) and to disperse it into other parts of the realme , wee haue therefore thought it fit to prorogue it further into the winter , that is to say , to the tenth day of february next , at which day our purpose is , god willing , to hold the same ; and doe hereby giue notice to all whom it concerneth , that they may frame their affaires accordingly , and attend at the said tenth day of february to that seruice . giuen at our honour of hampton court the last day of september , in the fifth yeere of our reigne of great britaine , france and ireland . god saue the king. ¶ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1607. by the king a proclamation for the search and apprehension of certaine pirats. england and wales. sovereign (1603-1625 : james i) 1604 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22009 stc 8363 estc s123952 33149997 ocm 33149997 28515 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22009) transcribed from: (early english books online ; image set 28515) images scanned from microfilm: (early english books, 1475-1640 ; 1875:25) by the king a proclamation for the search and apprehension of certaine pirats. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.). by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno dom. 1604. "giuen at our pallace of westminster the xij. day of nouember 1604. in the second yeere of our reigne of great brittaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hull, william. ward, philip. pirates -england. great britain -history -james i, 1603-1625. great britain -foreign relations -france. broadsides -london (england) -17th century. 2003-08 tcp assigned for keying and markup 2003-09 aptara keyed and coded from proquest page images 2003-10 daniel haig sampled and proofread 2003-10 daniel haig text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion by the king. ❧ a proclamation for the search and apprehension of certaine pirats . whereas it hath appeared vnto vs by the records of our high court of the admiraltie , that william hull captaine of a ship called the talbot of topisham in our countie of deuon , and philip ward captaine of a ship called the thomasine of dartmouth in the said countie , christopher newman , edward follet , and henry burt , with diuers others their complices and associats , seruing as mariners or souldiers in the said ships , respectiuely stand indicted , for that they in nouember 1602. with their ships in warlike maner appointed within the mediterranean seas , did rob and spoile a ship called la serene of olona in france , and the goods therein laden , belonging vnto diuers subiects of our good brother the most christian king : and not content therewith , did also in most sauage maner commit wilfull murther ( a crime most foule , odious and detestable in the sight of god , and man ) vpon the persons of diuers of the frenchmen , being in the said ship , against the lawes and statutes of this realme : wee of our princely care for the administration of iustice ( the maine pillar of our estate ) doe with no lesse zeale , aswell for the satisfaction of forreine princes , as for the example of others in like cases offending , intend to prosecute them , and all their abettors , complices and accessaries , with the greatest seueritie of our lawes in that case prouided : and therefore we will , and strictly command all and euery our officers and louing subiects , that immediatly after the sight of this present proclamation , they and euery of them do make diligent search and inquirie in all places aswell exempt , as not exempt , for the said persons , and all and euery of them , and the same , or any of them so found , to apprehend and commit to the next gaole , there to bee detained , vntill our high admirall , or his lieutenant iudge of our high court of the admiraltie , vpon notice giuen vnto either of them , of the persons so committed , shall take order in that behalfe . and moreouer our pleasure is , that no person or persons whatsoeuer , shall wittingly or wilfully receiue , conceale , harbour , intertaine or lodge the said pirats and murtherers , or any of them , or any of their said complices and associats , into their house or houses , after the sight and knowledge of this proclamation , ( knowing them by circumstances , credible informations , or otherwise , to be the persons aforenamed ) vpon paine vnto euery such person and persons so receiuing , concealing , harbouring , interteyning or lodging any of the said pirats and murtherers , or any of their complices , of death and forfaiture of all their lands , goods and chattels , according to the lawes and statutes in that case prouided . giuen at our pallace of westminster the xij . day of nouember 1604. in the second yeere of our reigne of great brittaine , france , and ireland . god saue the king. ¶ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1604. by the king. a proclamation against pirats proclamations. 1609-01-08 england and wales. sovereign (1603-1625 : james i) 1609 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a69345 stc 8426 estc s116759 99851975 99851975 17271 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a69345) transcribed from: (early english books online ; image set 17271) images scanned from microfilm: (early english books, 1475-1640 ; 1171:15, 1305:6) by the king. a proclamation against pirats proclamations. 1609-01-08 england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 2 leaves by the deputies of robert barker, printer to the kings most excellent maiestie, [imprinted at london : anno dom. 1608 [i.e. 1609] imprint from colophon; year given according to lady day dating. threatening their abbettors with death, etc.; seeking arrest of j. ward. identified as stc 8426a on umi microfilm reel 1171. reproduction of the original in the british library and the queen's college (university of oxford). library. appears at reel 1171 æ (british library copy, identified as stc 8426a), and at reel 1305 #7 (queen's college (university of oxford). library copy). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng pirates -early works to 1800. 2007-03 tcp assigned for keying and markup 2007-04 apex covantage keyed and coded from proquest page images 2007-05 mona logarbo sampled and proofread 2007-05 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion ❧ by the king. ❧ a proclamation against pirats . the kings maiestie , hauing bene informed through the manifolde complaints made to his highnesse by his owne subiects as others , of the many depredations and piracies committed by lewd and ill disposed persons , accustomed and habituated to spoile and rapine , insensible and desperate of the peril they draw vpon themselues , and the imputation they cast vpon the honour of their soueraigne so precious to him , as for redresse thereof he is inforced to reiterate and inculcate his loathing and detestation not onely of the crimes , but also to manifest to the world his sinceritie and exceeding desires for the due & speedy suppressing of the delinquents ; and hauing lately found by many pregnant circumstances , that most of these great faults are continued by the conniuence , or corruption in many the subordinate officers , especially such as are resident in and neere the ports and maritine counties : in his princely care to preserue iustice , as one of the maine pillars of his estate , & for the speedy preuention of such fowle crimes , & the seuere punishment and extirpation of such enormious offendors ( most hatefull to his minde , and scandalous to his peaceable gouernment ) and for the preseruation & continuance of amitie and good correspondencie with all other princes and states , hath with the aduise of his counsaile thought it necessary at this present , to publish these articles & ordinances insuing : wherein if any shall be found culpable , refractory , or contemptuous , his maiestie is resolued and hereby declareth , that such punishment shal be inflicted on him or them so offending , that others may be exemplarily forewarned , from committing so odious factes , and be deterred from ayding , relieuing , comforting , or abetting such and so enormious malefactors . if any person whatsoeuer shall vpon the seas , or in any port or hauen , take any ship that doth belong to any of his maiesties subiects , friends , or allies , or shall take out of it by force , any goods of what nature or qualitie soeuer : he or they so offending shall suffer death , with confiscation of lands and goods , according to the law in that case prouided . if any person or persons so offending , do at any time hereafter come into any port or place of his maiesties dominions , his maiestie expresly chargeth all his officers foorthwith to apprehend him and them , and to commit them to prison , without baile or mainprize , and that the name of the person and cause of his imprisonment , be foorthwith certified into the admiraltie , that speedy order may be taken for further proceeding , and execution according to law , and the contents of his maiesties former proclamations . all his maiesties subiects shall forbeare from furnishing , victualing , ayding , receiuing , relieuing , comforting or abetting , any pirate or sea-rouer , or any person not being a knowen merchant , by contracting , buying , selling , bartring or exchanging with him or them , vpon peril of his maiesties heauy indignation , and the grieuous paines by law belonging to the same . all admirall causes shal be summarily heard by the iudge of the admiraltie without admitting any vnnecessary delay , and no appeale from him shal be allowed to the defendant or defendants in cases of depredations or spoyle , either for the offenders , or their accessaries before or after the offence commited , or those in whose possession the goods spoyled are found , vnlesse first by way of prouision the summe adiudged be payd to the plaintife vpon suerties to repay it , if the sentence shal be reuersed . and no prohibition in such causes of depredation and spoyle , and their accessories and dependants shal be hereafter granted against the admiraltie . no ship or goods taken from any his maiesties friends , shal be deliuered vpon any other order , then vpon proofe made , or certificate exhibited in the said court of the admiraltie , to the end that a record may be kept of all such restitutions made to strangers , to serue if occasion shall require . by the king a proclamation touching the sealing of tobacco. england and wales. sovereign (1625-1649 : charles i) 1627 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22439 stc 8857 estc s3553 33150449 ocm 33150449 28612 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22439) transcribed from: (early english books online ; image set 28612) images scanned from microfilm: (early english books, 1475-1640 ; 1876:89) by the king a proclamation touching the sealing of tobacco. england and wales. sovereign (1625-1649 : charles i) james i, king of england, 1566-1625. 1 sheet ([1] p.). by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxvii [1627] requiring virginia tobacco already imported to be sealed within one month. "giuen at our court at white-hall, the thirtienth day of march, in the third yeere of our reigne of great britaine, france, and ireland. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2003-10 tcp assigned for keying and markup 2003-11 apex covantage keyed and coded from proquest page images 2003-12 mona logarbo sampled and proofread 2003-12 mona logarbo text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion diev et mon droit . honi ✚ 〈◊〉 〈◊〉 〈◊〉 y ✚ pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation touching the sealing of tobacco . whereas we ( by the aduice of our commissioners for our reuenue ) haue resolued to import a quantity of spanish tobacco ( not exceeding fifty thousand weight in any one yeere ) and vtterly to prohibite the importation of any other forreine tobacco , which is not of the growth of our owne plantations , and to prohibite also the planting of all tobacco within these our realmes of england and ireland , and islands there to belonging or adiacent , as by our proclamation , dated the seuenteenth day of february last ( for the reasons therein expressed ) it doth at large appeare : now , because wee are informed , that it will much conduce to our seruice , and the setling of that businesse , for the preuenting of the stealing in of all forreine tobacco , and discouery of the offendours , and for the clearing of all others , who are not offendors , from future trouble , that all the tobacco of the growth of our plantations already imported , shal be sealed by our commissioners to that purpose appointed , aswell as that which shal be hereafter imported , in such sort as by our sayd proclamation is already directed , that so the tobacco of our plantations may bee distinguished from the forreine tobacco , and the tobacco planted within these our realmes , which are prohibited : our will and command therfore is , and we doe hereby declare & publish our royall pleasure to be , that our said commissioners appointed by us for this seruice , shal with al cōuenient speed , seale all the tobacco of the growth of our said plantations already imported in such sort , as they are directed to seale that which shall be hereafter imported . and if any person whatsoeuer , hauing any such tobacco , of the growth of our said plantations , or any of them , which shall refuse to haue the same sealed , or which shall not offer the same to be sealed , as aforesayd , and the same shall hereafter , at any time after one moneth , from the date hereof , be discouered , that the same shall bee taken and reputed for forreine tobacco , or for tobacco of the growth of these our realmes , which hath been prohibited , and which they durst not auow the keeping of , and as such prohibited tobacco shal be taken , and seized as other prohibited tobacco , according to the tenor and true meaning of our said former proclamation , whereof wee will , that euery person , whom it may concerne , do take notice at their perill . giuen at our court at white-hall , the thirtieth day of march , in the third yeere of our reigne of great britaine , france and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m. dc . xxvii . by the king, a proclamation conteyning his maiesties royall pleasure concerning the proiect of dying and dressing of broad cloathes within the kingdome, before they be exported. england and wales. sovereign (1603-1625 : james i) 1614 approx. 5 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22097 stc 8500 estc s1558 20213400 ocm 20213400 23824 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22097) transcribed from: (early english books online ; image set 23824) images scanned from microfilm: (early english books, 1475-1640 ; 1709:15) by the king, a proclamation conteyning his maiesties royall pleasure concerning the proiect of dying and dressing of broad cloathes within the kingdome, before they be exported. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([2] p.) by robert barker ..., imprinted at london : 1614. caption title. "giuen at our palace of westminster the fiue and twentieth day of may in the twelth yeere of our reign ..."--p. [2]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng textile industry -england. proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 aptara keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation conteyning his maiesties royall pleasure , concerning the proiect of dying and dressing of broad cloathes within the kingdome , before they be exported . it was the worke of one of our noble progenitors king edward the third , to conuert the woolls of this kingdome formerly vented raw , into cloath , thereby to purchase vnto our louing subiects the profite , arising aswell vpon the manufacture , as vpon the materiall , and to set our owne people on worke for their better sustentation and comfort ; and it is likewise our desire , that it should be the worke of our times , to ordaine and prouide , that all broad cloathes may bee died and dressed within our kingdome before they bee exported ; whereby aswell the second gaine of manufacture , as the first , with all the incidents thereof , may come wholly to the benefit of our louing subiects , in whose riches and good estate wee shall alwayes thinke ourselues rich and happy . neither is the increase of profite vpon this great staple commoditie onely in our princely eye and cogitation ; but wee foresee likewise , that when our cloathes shal be transported and dispersed by our subiects immediatly into all the markets of the world , where they are worne and vsed , it must encrease exceedingly our nauigation and nauie , so that not onely wealth , but honour , strength and industrie will euidently follow vpon that which we propound to our selues ; that as the kings our progenitors , haue had the wisedome and iudgement to see and discerne the good that might come thereof ; so neuerthelesse , either through difficultie or misinformation , they haue not perfected , nor throughly pursued the worke intended , as may appeare by the good and politique lawes that haue bene enacted concerning the same on the one part , and the ancient and inueterate toleration and dispensation with the saide lawes , which haue bene from time to time put in vre on the other part : wee therefore being desirous to aduance and perfect so excellent a worke , haue resolued to leaue no meanes vnperformed , either by aduise of parliament or otherwise of our selues , which may conduce thereunto , by those safe degrees which in so great a worke are requisite ; wherein though we finde no small difficulties , as it vseth to come to passe in the best workes , specially in their beginnings , yet we doubt not but to ouercome the same without hazard or inconuenience vnto the present , for hope or desire of the future . and because opinion is sometime more harmefull then trueth , and that it may bee doubted by some , that there may ensue some stand of cloathes , whereby so many families of our louing subiects are maintained , or at least , some fall of prices , to the preiudice , both of the cloathier , and owner of woolles in the meane time , betweene the diuerting of the old course , and setling of the new : wee doe therefore publish vnto all our louing subiects , by these presents , that they shall not need to feare any such consequence , either in such stand of cloath , or abatement of prices , as may be to their preiudice . and therefore , they may 〈◊〉 on in the courses of their former trading , leauing it to our care and prouidence to int●●●uce this great and happy alteration to the better , without any interruption of trade , or pulling downe of price in the meane time . furthermore although we are setled in our resolution to effect this worke , yet would wee not haue it construed that wee haue any other opinion of the company of merchants aduenturers , which haue long managed the trade of cloathes vndressed , then as of those that haue wel deserued of our state ; neither of any our neighbours , who haue had correspondencie with them , and bought the cloath from them to serue the markets abroad , then as of men , that were affected vnto the good of their owne people , as it is naturall for men to be . neither are wee ignorant that the state of cloathing is at this time as flourishing and valuable as hath beene knowen ; but onely wee are willing to aduance the dowrie and stocke of our kingdome : and where wee see apparent meanes of doing our people further good , not to tie our selues to the simple and positiue degree of their welfare , but to proceed from good to better , and to make posteritie beholding to our times , for going through with that , whereof our auncestours haue onely sowen the seedes , and not hitherto reaped the fruits . giuen at our palace of westminster the fiue and twentieth day of may in the twelfth yeere of our reigne of great britaine , france , and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1614. by the king whereas some of the meaner sort of our people did of late assemble themselues in riotous and tumultuous maner within our countie of northampton england and wales. sovereign (1603-1625 : james i) 1607 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a22029 stc 8399 estc s123970 33150786 ocm 33150786 28755 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22029) transcribed from: (early english books online ; image set 28755) images scanned from microfilm: (early english books, 1475-1640 ; 1875:39) by the king whereas some of the meaner sort of our people did of late assemble themselues in riotous and tumultuous maner within our countie of northampton england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.). by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno dom. 1607. for suppressing riots against enclosures. other title information from first three lines of text. "giuen at our palace of westminster the thirtieth day of may, in the fifth yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng inclosures -england. land tenure -england. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2005-05 tcp assigned for keying and markup 2005-08 spi global keyed and coded from proquest page images 2005-09 mona logarbo sampled and proofread 2005-09 mona logarbo text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion ❧ by the king. whereas some of the meaner sort of our people did of late assemble themselues in riotous and tumultuous maner within our countie of northampton , sometimes in the night , and sometimes in the day , vnder pretence of laying open enclosed grounds of late yeeres taken in , to their dammage , as they say ; the repressing whereof we did first referre only to the due course of iustice , and the ordinary proceedings of the commissioners of the peace , and other our ministers in such cases : forasmuch as wee haue perceiued since , that lenitie hath bred in them , rather encouragement then obedience , and that they haue presumed to gather themselues in greater multitudes , as well in that countie , as in some others adioyning , we find it now very necessary to vse sharper remedies . wherefore , we will and command all lieutenants , deputy lieutenants , sheriffs , iustices of peace , maiors , bailiffes , headboroughs , constables , and all other our officers and ministers to whom it may appertaine , if the said persons shall continue so assembled , after proclamation made , or any such new assemblies bee gathered in those , or any other parts of our realme , immediatly to suppresse them by whatsoeuer meanes they may , be it by force of armes , if admonitions and other lawfull meanes doe not serue to reduce them to their dueties . for wee cannot but be iustly moued to such seueritie against those , who vniustly throw a slaunder vpon our gouernment , by taking that pretence for their disobedience : seeing it is manifest by acte of parliament , passed since our comming to this crowne , that we haue been careful to preuent such enclosures , and depopulations , & that it hath been an ordinary charge giuen by us to our iustices of assises , when they went to their circuits , to enquire of all vnlawfull depopulations and enclosures , and to take order to remedie the same , and to punish the offenders therein according to the due course of lawe . and it is well knowen to many , that we were now also in hand with some course to bee taken by aduise of our counsell for the performance thereof : from which our good purpose and intent , this their presumptuous and vndutifull proceeding , might rather giue us cause to desist , then increase in us any affection to relieue such disordered persons , so farre attempting against our crowne and dignitie , who chuse rather to trust to their owne pride and rashnes , then to the care and prouidence of their souereigne . willing and commanding all our said lieutenants , deputie lieutenants , shiriffes , and other our officers and ministers aboue mentioned , to attend diligently to the execution of this our pleasure , and all other our louing subiects to be obedient to them in the performance thereof , as they will answere the contrarie at their perill . giuen at our palace of westminster the thirtieth day of may , in the fifth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1607. by the king. a proclamation commanding conformity to his maiesties pleasure, expressed in his late charter to the tobacco-pipe-makers proclamations. 1620-05-27 england and wales. sovereign (1603-1625 : james i) 1620 approx. 7 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22229 stc 8636 estc s100959 99836786 99836786 1073 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22229) transcribed from: (early english books online ; image set 1073) images scanned from microfilm: (early english books, 1475-1640 ; 1686:57) by the king. a proclamation commanding conformity to his maiesties pleasure, expressed in his late charter to the tobacco-pipe-makers proclamations. 1620-05-27 england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. [2] sheets by robert barker, and iohn bill, printers to the kings most excellent maiestie, [imprinted at london : anno dom. m.dc.xx. [1620]] caption title. dated at end: theobalds the seuen and twentieth day of may, in the eighteenth yeere of our reigne .. imprint from colophon. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco pipe industry -great britain -law and legislation. 2003-10 tcp assigned for keying and markup 2003-11 apex covantage keyed and coded from proquest page images 2003-12 mona logarbo sampled and proofread 2003-12 mona logarbo text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion ir diev et mon droit . honi ✚ soit ✚ qvi ✚ mal ✚ y ✚ pense ✚ royal blazon or coat of arms ¶ by the king. a proclamation commanding conformity to his maiesties pleasure , expressed in his late charter to the tobacco-pipe-makers . whereas diuers of the poorer sort of our subiects haue heretofore liued by the trade of making tobacco pipes , but for want of power to retaine and keepe their apprentices and seruants in due obedience , and to restraine others from intruding vpon their arte , the auncient makers haue not so well prospered as was desired : for preuention of which inconueniences , and for reducing the workemen in that trade to such a competent number , as they might bee gouerned after the example of other societies , who florish by ranging themselues vnder good orders ; we did by our late charter incorporate a selected number of the most ancient , and such others as they for skill and honestie should admit into their socitie : thereby prohibiting all others who were not members thereof , to make any sort of tobacco-pipes within our realme of england or dominion of wales ; and thereby also commanding , that no person or persons directly , or indirectly should buy tobacco-pipes to sell againe , of , or from the hands of any others then the knowne members of the said societie . yet neuertherlesse being lately informed by certificate from sundry our iustices of peace of our counties of middlesex and surrey ( who in due obedience of our royall pleasure , declared in our said charter , did in person assist the execution of the same ) that diuers lewde and obstinate offenders , had fortified themselues in their houses with weapons , and in contempt of our regall authority resisted them , comming with the seuerall warrants of the lord chiefe iustice of our bench , and other the iustices of peace within our citie of london , and the said counties of middlesex and surrey ; and also that there were diuers il disposed persons ( who delighting to oppose al good orders ) contemptuously maintained these vnderhand offendors , some by harboring the vnlawfull makers of tobacco-pipes secretly in their houses , there to make them contrary to our charter , to the end to partake of the stolne profit thereof ; others , by buying secretly this vnder-hand made ware , in contempt of our authority , and with an euill intent of ouerthrowing this societie which we haue sought to establish . now therefore , that by the presumptuous example of these disobedient persons , others may not be incouraged hereafter by impunity to presume to resist and contemne our royall commandement in matters of greater moment , or to withstand the authority of magistrates and gouernment , these are to charge and straitly command , that no persons whatsouer within this our realme of england and dominion of wales shall hereafter presume to make any manner of tobacco-pipes , but such as are or shall bee members of the saide societie : nor shall presume to harbour in their houses any tobacco-pipe-makers to vse their trade there , who are not of the saide societie ; nor that any person or persons ( especially who buy tobacco-pipes to sell againe ) shall at any time , or in any place buy or obtaine by any meanes , directly or indirectly any tobacco-pipes whatsoeuer , from any vnder-handmakers or others , but only from such as are knowne members of the said societie , & that at their common hall , or other knowne ware-houses appointed , or hereafter to bee appointed , where they may bee bought by all our louing subiects , vpon paine of our high displeasure , and such punishments as are due for such contempts , whereof we shall require a strict account by proceeding against the offendours in our court of starre-chamber . further commanding , that if at any time heereafter any person shall bee so audacious as to fortifie themselues in their houses , or in the houses of any other , or to withstand our will and pleasure heerein , or to resist our authoritie giuen and imparted to our lord chiefe iustice and others , in the search or apprehension of them , or any of them ; then wee doe heereby will and require , that sufficient power be had and taken by such who shal haue such warrants , to apprehend such obstinate and contemptuous persons , and to carry them before our said chiefe iustice , or other iustice of the peace , that punishment may be inflicted on them in the seuerest manner our lawes will permit , by imprisoning their bodie , till they haue put in sufficient suretie for their good behauiour afterwards . heereby further , straitly charging our atturney generall for the time being , that he cause all and euery such wilfull and disobedient persons , for such their high contempt in this behalfe , to be prosecuted in our court of starre-chamber ( where our will is they shall bee sharpely punished ) according to the measure of such their audacious and bold resistance of our royall commandement . and to the intent that these fraudes and abuses may the better be found out and punished , our pleasure is , that it shall and may bee lawfull for any two , or more of the said societie , together with a lawfull officer to enter into any suspected place or places , at lawful & conuenient times , there to search for , and finde out any vnder-hand made , or sold tobacco-pipes ; and all such so found to seize , take , and carry away , and them safelye to keepe to bee disposed of , according to the tenor of our sayd charter . and lastly , for the full execution of this our royall commandement , wee will and require the lord maior of our citie of london , for the time being , and all other maiors , shiriffes , iustices of peace , bailiffes , constables , and all other officers and ministers whatsoeuer ; that they and euery of them in their seuerall offices and places , bee from time to time ayding and assisting to the master , wardens , and societie of tobacco-pipe makers in the due execution and accomplishment of this our royall will and commandement , as they tender our pleasure , and will answere the contrary at their perill . giuen at our court at theobalds the seuen and twentieth day of may , in the eighteenth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , and iohn bill , printers to the kings most excellent maiestie . anno dom. m. dc . xx. by the king a proclamation for the authorizing an vniformitie of the booke of common prayer to bee vsed throughout the realme. england and wales. sovereign (1603-1625 : james i) this text is an enriched version of the tcp digital transcription a79001 of text r209812 in the english short title catalog (thomason 669.f.5[147]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79001 wing c2601 thomason 669.f.5[147] estc r209812 99868669 99868669 160858 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79001) transcribed from: (early english books online ; image set 160858) images scanned from microfilm: (thomason tracts ; 245:669f5[147]) by the king a proclamation for the authorizing an vniformitie of the booke of common prayer to bee vsed throughout the realme. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.) [s.n.], printed at london : 1642 [i.e. 1643] first edition was printed in 1603 (stc 8344). it was reprinted as a bifolium in stc 16326; also reprinted as a broadside here and in 1660 (wing, 2nd ed. c3316a)--cf. stc. identified on early english books, 1475-1640 microfilm as stc 8344a. annotation on thomason copy: "march 16". reproduction of the original in the british library. eng church of england. -book of common prayer -early works to 1800. a79001 r209812 (thomason 669.f.5[147]). civilwar no by the king a proclamation for the authorizing an vniformitie of the booke of common prayer to bee vsed throughout the realme. england and wales. sovereign 1643 1324 1 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2009-01 judith siefring sampled and proofread 2009-01 judith siefring text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion by the king a proclamation for the authorizing an vniformitie of the booke of common prayer to bee vsed throughout the realme . although it cannot be unknown to our subjects by the former declarations we have published , what our purposes and proceedings have beene in matrers of religion since our comming to this crowne : yet the same being now by vs reduced to a setled forme , wee have occasion to repeate somewhat of that which hath passed : and how at our very first entry into the realme , being entertained and importuned with informations of sundry ministers , complaning of the errors and imperfections of the church here , aswell in matters of doctrine , as of discipline : although we had no reason to presume that things were so far amisse , as was pretended , because we had seene the kingdome under that forme of religion which by law was established in the dayes of the late queene of famous memorie , blessed with a peace & prosperity , both extraordinary and of many yeares continuance ( a strong euidence that god was there with well pleased , ) yet because the importunitie of the complainers was great , their afsirmations vehement , and the zeale wherewith the same did seeme to be accompained , very specious : we were mooved thereby to , make it our occassion to discharge the duety which is the cheifest of all kingly dueties , that is to settle the affaires of religion , and the seruice of god before ther owne . vvhich while we ware in hand to do as the contagion of the sicknesse reigning in our city of london and other places , would permit an assembly of persons meet for that purpose ; some of those who misliked the state of religion here established , presuming more of our intents then ever wee gave them cause to doe , and transported with humour , began such proceedings , as did raither raise a scandall in the church , then rake offence away . for both they vsed formes of publique seruing of god not hear allowed , held assemblies without authoritie , and did other things carying a very shew of seditiō more then of zeale : whom we restrained by a former proclamation in the moneth of october last , and gave intimation of the co●nerence we intended to be had with as much speede is conueniently could bee , for the ordering of those things of the church , which accordingly followed in the moneth of ianuary last at our honour of hampton court where before our selfe , and our privie counsell were assembled many of the gravest bishops and prelats of the realme , and many other learned men , aswell of those that are conformable to the state of the church established , as of those that dissented . among whom what our paines were , what our patience in heareing and replying , and what the indifferencie and uprightnesse of our iudgement in determining , we leave to the report of those who heard the same , contenting our selfe with the sinceritie of our owne heart therein . but we cannot conceale , that the successe of that conference was such , as happeneth to many other things , which mooving great expectation before they be entred into , in thier issue produce small effects . for wee found mighty and vehement informations supported with so weake and slender proofes as it appeareth unto vs , and our counsell , that there was no cause why any change should have beene at all in that which was most impugned , the book of common prayer , containing the forme of the publike service of god heere established , neither in the doctrine which appeared to be sincere , nor in the formes and rite which were justified out of the practise of the primitiue church notwith standing , wee thought meet , with consent of the bishops and other learned men there present , that some small things might raither bee explaned then change , not that the same might not very well have bene borne with by men who have made a reasonable construction of them : but for that in a matter concerning the seruice of god vvee were nice , or rather iealous , that the publike forme thereof should be free not onely from blame , but from suspition , so as neither the common aduersary should have aduantage to wrest ought therein contained , to other sense then the church of england intendeth , nor any troublesome or ignorant person of this church bee able to take the least occasion of cavill against it : and for that purpose gave forth our commission vnder our great seale of england , to the archbishop of canterbury and others , according to the forme which the lawes of the realme in like case prescribe to be vsed , to make the said explanation , & to cause the whole booke of common prayer to be newly printed . which being now done , and established anew after so serious a deliberation , although vve doubt not but all our subiects both ministers and others , will receive the same with such reverence as appertaineth , and conforme themselves there to every man in that which him concerneth : yet have we thought it necessary , to make knowen by proclamation our authorizing of the same , and to requier and enjoyne all men , aswell ecclesiasticall as temporall , to conforme themselves unto it , and to the practise thereof , as the onely publike forme of seruing god , established and allowed to be in this realme . and the rather for that all the learned men who were there present , aswell of the bishops as others , promised their conformitie in the practice of it , onely making sute to vs ; that some few might be borne with for a time . werefore vve require all archbishops , bishops , and all publike ministers aswell ecclesiasticall as civill , to doe their duetie in causing the same to be obeyed , and in punishing the offenders according to the lawes of the realme heretofore established , for the authorizing of the said booke of common prayer . and vve thinke it also necessary , that the said archbishops and bishops , doe each of them in his prouince and diocesse take order , that every parish do procure to themselves within such time as they shall thinke good to limite , one of the said booke so explained . and last of all we doe admonish all men , that hereafter they shall not expect , nor attempt any further alteration in the common and publike forme of gods service , from this which is now established , for that neither will we give way to any to presume , that our owne judgements having determined in a matter of this weight shall be swaied to alteration by the friuolous suggestions of any light spirit : neither are we ignorant of the inconueniences that doe arise in gouerment , by admitting innouation in things once setled by mature deliberation : and how necessary it is to vse constancie in the vpholding of the publike determination of state , for that such is the unquietnesse and unstedfastnesse of some dispositions , affecting every yeere new formes of things , as , if they should be followed in their unconstancie , would make all actions of states ridiculous and contemptible : whereas the stedfast maintaining of things by good aduice established , is the wealth of all the common-wealth . given at our court the 5 : day of march . printed at london 1642. by the king, a proclamation to restraine the planting of tobacco in england and vvales england and wales. sovereign (1603-1625 : james i) 1619 approx. 6 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22216 stc 8622 estc s1566 20213730 ocm 20213730 23832 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22216) transcribed from: (early english books online ; image set 23832) images scanned from microfilm: (early english books, 1475-1640 ; 1709:20, 2371:58) by the king, a proclamation to restraine the planting of tobacco in england and vvales england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([2] p.) by robert barker, and iohn bill ..., imprinted at london : m.dc.xix [1619] caption title. "giuen at our palace of westminster the thirtieth day of december, in the seuenteenth yeere of our reign ..."--p. [2]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery (1709:20) and queen's college (university of oxford). library (2371:58). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco -law and legislation -great britain. proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 spi global keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation to restraine the planting of tobacco in england and wales . it is not vnknowen what dislike wee haue euer had of the vse of tobacco , as tending to a generall and new corruption , both of mens bodies and manners : neuertheles it is of the two , more tolerable , that the same should bee imported amongst many other vanities and superfluities which come from beyond the seas , then permitted to be planted here within this realme , thereby to abuse and misimploy the soyle of this fruitfull kingdome : for which purpose by our direction , letters of late haue bene addressed from our councell of state , prohibiting the plantation thereof within a certaine distance of our city of london : but entring into further consideration of the manifold inconueniences of suffering this nourishment of vice ( and nothing else ) as a noysome and running weede , to multiply and ouerspread within this our kingdome , wee are resolued vpon many and weightie reasons of state , to make the sayd prohibition generall . for first , wee are informed , that whereas the vse of forreine tobacco was chiefly vented , and receiued in cities and great townes , where riot and excesse vseth to take place , it is now by the inland plantation become promiscuous , and begun to be taken in euery meane uillage , euen amongst the basest people . secondly , we are giuen to vnderstand from diuers persons of skill and experience , that the english tobacco , howsoeuer some doe presume or imagine by industrie and experience to rectifie it , and make it good ( wherein it is easie for opinion to doe mischiefe ) yet it is certeinly in it selfe more crude , poysonous and dangerous for the bodies and healths of our subiects then that that comes from hotter climates ; so that the medicinall vse of tobacco ( which is that that is only good in it , and to be approued ) is in this kind also corrupted and infected . thirdly , whereas our colonies and plantations in virginia and the sommer ilands , ( being proper and naturall climates for that plant , and the true temper thereof ) receiue much comfort by the importation therof into this kingdome , ( which is to be respected at least in the interim , vntill our said colonies may grow to yeeld better and more solide commodities ) now the said trading from thence is and will be by the plantation within this realme , choaked and ouerthrowen . fourthly , wee doe find also , that the reason that mooued us to interdict the planting thereof neere the citie of london , ( which was in regard of the conuersions of garden grounds , and rich soyled grounds from diuers roots and herbes , fit for victuall and sustenance , vnto this harmefull vanity ) extendeth likewise vnto all cities , townes and uillages , and rather more , by how much the pouertie is greater there , then here aboue . and lastly , for that it doeth manifestly tend to the diminution of our customes , which is a thing , that although in case of good manufactures , and necessary commodities wee doe little esteeme , yet where it shall be taken from us , and no good but rather hurt thereby redound to our people , wee haue reason to preserue . wee therefore intending in time to prouide a remedie for this spreading euill , which hath in a very few yeares dispersed it selfe into most parts of our kingdomes , doe heereby straightly charge and command all and euery person and persons of what degree or condition soeuer , that they or any of them , by themselues , their seruants , workemen or labourers , doe not from and after the second day of february next , presume to sow , set , or plant , or cause to be sowen , set or planted within this our realme of england , or dominion of wales , any sort or kinde of tobacco whatsoeuer ; and that they or any of them , shall not , or doe not hereafter maintaine , or continue any old stockes , or plants of tobacco , formerly sowen or planted , but shall foorthwith vtterly destroy and roote vp the same , conuerting and imploying the ground and soyle thereof to some other lawfull vses and purposes , as to them shall seeme best , vpon paine of contempt of our royall commaundement , to be proceeded with according to our lawes , and prerogatiue royall with all seueritie . and therefore , for the more due execution of the premisses , wee doe further will , require and command all mayors , sheriffes , iustices of peace , bayliffes , constables , and other officers and ministers , to whom it shall or may appertaine , that they and euery of them , shall from time to time diligently and carefully intend the due and exact obseruation of this our royall pleasure , and that they permit not , nor suffer any thing to be done , contrary to the true intent and meaning of this our proclamation , but withstand the same to their vttermost power , as they tender our seruice : and further that they take order that such offendors , labourers , or workemen , as shal persist in the sowing or planting of tobacco , in this our realme or dominion of wales , or in the maintaining or continuing any old stocks , or former plantations thereof hereafter , may be called before them , & be bound in recognizances of good summes of our vse , to appeare in our court of starrechamber , there to be prosecuted by our attourney generall , as contemners of our expresse commandement , proclamation , & prerogatiue royall , wherein ( especially in a cause of this nature ) wee will expect , and require of all our subiects , their due conformitie and obedience . giuen at our palace of westminster the thirtieth day of december , in the seuenteenth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , and iohn bill , printers to the kings most excellent maiestie . anno dom. m.dc.xix . by the king a proclamation touching tobacco. england and wales. sovereign (1603-1625 : james i) 1625 approx. 5 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-09 (eebo-tcp phase 1). a22354 stc 8767 estc s3497 33150340 ocm 33150340 28556 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22354) transcribed from: (early english books online ; image set 28556) images scanned from microfilm: (early english books, 1475-1640 ; 1876:29) by the king a proclamation touching tobacco. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 2 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxv [1625] caption title. imprint from colophon. forbidding importation except from bermuda and virginia. "giuen at our court at white-hall, this ninth day of april, in the first yeere of our reigne of great britaine, france, and ireland. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -james i, 1603-1625. 2003-05 tcp assigned for keying and markup 2003-05 spi global keyed and coded from proquest page images 2003-06 mona logarbo sampled and proofread 2003-06 mona logarbo text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ¶ by the king. a proclamation touching tobacco . whereas our most deare father , of blessed memorie , deceased , for many weighty and important reasons of state , and at the humble suit of his commons in parliament , did lately publish two seuerall proclamations , the one dated the nine and twentieth day of september , now last past , and the other the second of march following , for the vtter prohibiting of the importation , and vse of all tobacco , which is not of the proper growth of the colonies of virginia and the sommer islands , or one of them , with such cautious , and vnder such paines and penalties , as are in those proclamations at large expressed : wee , tendring the prosperity of those colonies and plantations , and holding it to bee a matter of great consequence vnto us , and to the honour of our crowne , not to desert , or neglect those colonies , whereof the foundations , with hopefull successe , haue been so happily layd by our father , beeing giuen to vnderstand , that diuers persons intending onely their priuate gaine , and neglecting all considerations of the publique , in this short time , whilest wee haue been necessarily taken vp in ordering of the great affaires of our kingdomes and state , haue taken the boldnesse , secretly , and by stealth , to import and vtter great quantities of tobacco , which is not of the growth of the plantations aforesaid , to the vtter destruction of those plantations , as much as in them lieth ; wee haue thought fit , for the preuenting of those inconueniences , which may otherwise ensue , to the irrecouerable dammage of those plantations , and of our seruice , to publish and declare our royall pleasure for the present , touching the premisses , vntill vpon more mature deliberation wee shall see cause to alter , or adde vnto the same , in any part . and wee doe therefore straitly charge and command , that no person whatsoeuer , of what degree or qualitie soeuer , doe at any time hereafter , either directly or indirectly , import , buy , sell or vtter , plant , cherish , or vse , or cause to bee imported , sold , or vttered , cherished , planted , or vsed , in our realmes of england , or ireland , or dominion of wales , or in any isles or places thereunto belonging any tobacco , of any sort whatsoeuer , which is not of the proper growth of the said colonies , or one of them ; and that no person whatsoeuer , by any shift or deuice whatsoeuer , doe receiue , or conceale , or colour the tobacco of any other , so imported , planted , bought , sold , vttered , or vsed within our sayd realmes , or dominions , or the isles or places aforesaid , or any part thereof , vpon paine of forteiture unto us , of all such tobacco so to be imported , bought , sold , planted , vttered , or vsed , contrary to the true meaning of these presents , in whose hands soeuer the same shall be found , and vpon such further paines and penalties , as by the lawes and statutes of these our realms , or by the censure of our courts of star-chamber , in either of our said kingdomes respectiuely , can or may be inflicted vpon the offenders , for contempt of this our royall command ; and to be reputed and taken as enemies to our proceedings , and to those plantations , which so much concerne our honour , and the honour and profit of our state. and our further will and command is , that all the forreigne tobacco , of what sort soeuer , which is not of the proper growth of those plantations or one of them , shall before the fourth day of may , now next ensuing , bee transported out of our realmes and dominions , as by the sayd former proclamations it was directed and commanded , vpon paine of forfeiture thereof , and vpon the other paines and penalties aforesayd to be inflicted vpon the offenders . and our pleasure is , that all such forreigne tobacco may bee freely exported by any person whatsoeuer , without paying to us , or to our vse , any subsidie , or other duetie for the same . giuen at our court at white-hall , this ninth day of april , in the first yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ printed at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . by the king it is a thing notorious that many of the meanest sort of our people in diuers parts of our kingdome ... haue presumed lately to assemble themselues riotously in multitudes ... england and wales. sovereign (1603-1625 : james i) 1607 approx. 11 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a22034 stc 8400 estc s3662 33150707 ocm 33150707 28721 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22034) transcribed from: (early english books online ; image set 28721) images scanned from microfilm: (early english books, 1475-1640 ; 1875:40) by the king it is a thing notorious that many of the meanest sort of our people in diuers parts of our kingdome ... haue presumed lately to assemble themselues riotously in multitudes ... england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 3 leaves. by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno dom. 1607. for suppressing riots against enclosures. other title information from first 5 lines of text. "giuen at our mannour of greenewich the xxviij. day of iune, in the fifth yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng inclosures -england. land tenure -england. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2005-05 tcp assigned for keying and markup 2005-06 aptara keyed and coded from proquest page images 2005-07 emma (leeson) huber sampled and proofread 2005-07 emma (leeson) huber text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion ❧ by the king. it is a thing notorious that many of the meanest sort of our people in diuers parts of our kingdome , either by secret combination , wrought by some wicked instruments , or by ill example of the first beginners , haue presumed lately to assemble themselues riotously in multitudes , and being armed with sundry weapons , haue layd open in forcible maner a great quantitie of seuerall mens possessions , some newly enclosed , and others of longer continuance , making their pretence that some townes haue been depopulated , and diuers families vndone by meanes of such enclosures . in which seditious courses they haue persisted not onely after many prohibitions by our ministers in the seuerall counties , but after particular proclamations published by our royal authoritie , & which is more , when so many meanes of lenitie and gentlenesse were offered to reclaime them , as no prince would haue vsed , but such a one as was both confident in the loyall affections of his subiects in generall , and compassionate towards the simplicitie of such offenders : many of them stood out most obstinately , and in open fielde rebelliously resisted such forces as in our name , and by our authoritie came to represse them , whereupon insued by necessitie in the end that some blood was drawen as well by martiall execution , as by ciuil iustice . vpon this accident it seemeth good vnto vs to declare to the world , and specially to our louing subiects , as well that which concerneth our affections ( which vpon seueral respects are diuided betweene comfort and griefe ) as that which concerneth also our princely intentions , which likewise are bent vpon the contrary obiects and courses of grace and iustice . for first of all we finde cause of comfort in our selues in regard of the clearenesse of our conscience ( to whome god hath committed the care and supreme gouernment of our people ) from giuing cause or colour of such complaint ; the matter whereof is such , as wee take our selues more interessed therein then any our subiects can bee : for as wee cannot but know , that the glorie and strength of all kings consisteth in the multitude of subiects , so may wee not forget that it is a speciall and peculiar preheminence of those countreyes , ouer which god hath placed vs , that they do excell in breeding and nourishing of able and seruiceable people , both for warre and peace , which wee doe iustly esteeme aboue all treasure and commodities , which our said dominions do otherwise so plentifully yeeld vnto vs. neither in this particular case of depopulation , can any man make doubt but it must bee farre from our inclination to suffer any tolleration of that which may bee any occasion to decay or diminish our people , if wee did consider nothing else , but that vse and application which wee may make ( as other princes do ) both of the bodies of our people to carrie armes for defence of our crown , and of their goods and substance to supply our wants vpon all iust & resonable occasions , so as we may by many reasons sufficiently iustifie our care herein towards god & the world ( forasmuch as apperteineth to our kingly office ) seeing the said inclosures ( lawfull or vnlawfull ) were all or the most part made before we had taken the scepter of this gouernment into our possession . whereunto we may adde ( as wholy cleansing and washing our hands from the tolleration of these grieuances ) the continuall and strict charges and commandements giuen by vs to our iudges and iustices , for , the care and reformation of those things which may bee in any wise grieuous to our people in their seuerall countreyes , although in this point there is some defence alledged by our subordinate ministers , and specially by the iustices of assise , that our people haue beene wanting to themselues in the due and ordinary meanes which they ought to take , by presentment of such as are or haue beene guilty of these oppressions . but as wee take comfort that the causes of these complaints haue not proceeded from our gouernment , hauing contrariwise ( before these seditious courses first brake forth ) taken into our princely consideration this matter of depopulating and decaying of townes and families ( whereof we are more sensible , then any other ) with resolution to cure whatsoeuer is amisse , by iust and orderly remedies : so are wee grieued to behold what the disloyalty and obstinacy of this rebellious people hath forced vs vnto , who being naturally inclined to spare shedding of blood , could haue wished that the humble and voluntary submission and repentance of all those offenders , might both haue preuented the losse of the life of any one of them , and the example of iustice vpon some might haue preuented the losse of more . and seeing it was of such necessity , that some in regard of their intollerable obstinacy in so pernicious treason should perish , rather then the sparkes of such a fire in our kingdome should be left vnquenched , that it may yet serue to put others in mind of their duetie , and saue them from the like ruine and destruction , for such and so traiterous attemps hereafter : in all which considerations , for that which may concerne our own royall intention , as wee would haue all men know and conceiue , that neither the pretence of any wrongs receiued , nor our great mislike of depopulation in generall , can in any wise stay vs any longer , from a seuere and iust prosecution of such as shall take vpon them to be their owne iudges and reformers , either in this or any other pretended grieuance : so on the other side , we are not minded that the offences of a few ( though iustly prouoking our royall indignation ) shall alter our gracious disposition to giue reliefe in this case , where it apperteineth , were it for none other cause , then in respect of so many others our good and louing subiects , which might haue alledged like cause of griefe , and neuerthelesse haue contained themselues in their due obedience . and therefore wee doe first declare and publish our princely resolution , that if any of our subiects shall heereafter vpon pretences of the same or like grieuances , either persist in the vnlawfull and rebellious act already begun , or renewe and breake forth into the like , in any parts of our kingdome ; we will prefer the safetie , quiet , and protection of our subiects in generall , and of the body of our state , before the compassion of any such offenders , bee they more or lesse , and howsoeuer misled : and must forget our naturall clemency by pursuing them with all seuerity for their so hainous treasons , as well by our armes as lawes , knowing well , that we are bound ( as the head of the politike body of our realme ) to follow the course which the best phisitians vse in dangerous diseases , which is , by a sharpe remedy applyed to a small and infected part , to saue the whole from dissolution and destruction . to which ende we doe accordingly charge and command all our lieutenants , deputie lieutenants , sheriffes , iustices of peace , and all other magistrates of iustice vnder vs , and all other our louing subiects to whom it shall any wayes appertaine , to doe and imploy their vttermost indeauours and forces for the keeping of our subiects in peace and obedience , for preuention of all such riotous and rebellious assemblies , and destroying them , ( if any doe remaine , or shall happen to arise ) by force of armes , and by execution ( euen to present death ) of such as shall make resistance . on the other side we doe notifie and declare to all our louing subiects , that we are resolued , not out of any apprehension or regard of these tumults and disorders ( which wee know well to be only dangerous to those that attempt them , and which experience may teach them , that they are in a momēt to be dispersed ) nor to satisfie disobedient people , be they rich or poore : but meerely out of loue of iustice , christian compassion of other of our subiects , who being likewise touched with this griefe , auoyded the like offences , as also out of our princely care and prouidence to preserue our people from decay or diminution , to cause the abuses of depopulations and vnlawfull inclosures to be further looked into , and by peaceable and orderly meanes to establish such a reformation thereof , as shall bee needfull for the iust reliefe of those that haue iust cause to complaine , and therin neglect no remedy , which either the lawes of our realme doe prescribe , or our owne royall authority , with the aduice of our councell can supply . for which purpose wee haue already assembled our iudges , and giuen them in charge straightly , to make it one of their principall cares aswell to discouer the said offences , as to consider how farre they may be touched in law , and in what course , and accordingly to proceede against them with all seueritie . and yet because the execution thereof requireth some time , though no more then must of necessitie bee employed therein , if any turbulent or seditious spirits by their impatience , or through their desire to satisfie their owne wicked humors , by moouing common troubles shall seeke to preuent the course of iustice by any such vnlawfull attempts , as haue beene lately vsed , and abusing our gracious disposition shall take the presumption to be reformers of the said inconuenience by any force , because they perceiue hereby how much we mislike of it : wee doe once againe denounce vnto them the same seuere punishment , which belongeth to rebels in the highest degree , and doe require all and euery our magistrates , officers and ministers of iustice ( according to their place of authoritie ) and all our loyall subiects according to their duety of assistance ( laying aside all slackenes or fond pittie ) to see it duely put in execution : as on the other side we doe promise , and are resolued graciously to lend our eares to humble and iust complaints , and to affoord our people iustice and fauour both in this and all occasions fit for a king to doe for his good subiects in generall and in particular . giuen at our mannour of greenewich the xxviij . day of iune , in the fifth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1607. by the king, a proclamation declaring his maiesties pleasure concerning sir vvalter ravvleigh, and those who aduentured vvith him england and wales. sovereign (1603-1625 : james i) 1618 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a22157 stc 8569 estc s800 22456580 ocm 22456580 25554 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22157) transcribed from: (early english books online ; image set 25554) images scanned from microfilm: (early english books, 1475-1640 ; 1775:30) by the king, a proclamation declaring his maiesties pleasure concerning sir vvalter ravvleigh, and those who aduentured vvith him england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 broadside. by bonham norton, and iohn bill, deputie printers for the kings most excellent maiestie, imprinted at london : m.dc.xviii. [1618] "giuen at our mannor of greenwich, the ninth day of iune, in the sixteenth yeere of our raigne of england, france and ireland, and of scotland the one and fiftieth." reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng raleigh, walter, -sir, 1552?-1618. great britain -history -james i, 1603-1625. great britain -foreign relations -guyana -1603-1625. guyana -foreign relations -great britain. 2000-00 tcp assigned for keying and markup 2001-00 spi global keyed and coded from proquest page images 2001-06 tcp staff (michigan) sampled and proofread 2001-00 tcp staff (michigan) text and markup reviewed and edited 2001-11 pfs batch review (qc) and xml conversion by the king. a proclamation declaring his maiesties pleasure concerning sir walter rawleigh , and those who aduentured with him . whereas we gaue licence to sir walter rawleigh , knight , and others of our subiects with him , to vndertake a uoyage to the countrey of guyana , where they pretended great hopes and probabilities to make discouery of certaine gold mines , for the lawfull enriching of themselues , and these our kingdoms : wherein we did by expresse limitation and caution restraine , and forbid them and euery of them , from attempting any acte of hostility , wrong , or violence whatsoeuer , vpon any of the territories , states , or subiects of any forraine princes , with whom wee are in amitie : and more peculiarly of those of our deare brother the king of spaine , in respect of his dominions and interests in that continent . all which notwithstanding , we are since informed by a common fame , that they , or some of them haue , by an hostile inuasion of the towne of s. thome ( being vnder the obedience of our said deare brother the king of spaine ) and by killing of diuers of the inhabitants therof , his subiects , and after by sacking and burning of the said towne , ( as much as in them for their owne parts lay ) malitiously broken and infringed the peace and amitie , which hath beene so happily established , and so long inuiolably continued betweene us and the subiects of both our crownes . wee haue therefore held it fit , as appertaining neerely to our royall iustice and honor , eftsoones to make a publique declaration of our owne vtter mislike and detestation of the said insolences , and excesses , if any such haue beene by any of our subiects committed : and for the better detection and clearing of the very trueth of the said common fame , wee doe heereby straitly charge and require all our subiects whatsoeuer , that haue any particular vnderstanding and notice therof , vpon their duety and alleagiance which they owe us , immediately after publication of this our pleasure , to repaire vnto some of our priuy counsell , and to discouer and make knowne vnto them their whole knowledge and vnderstanding concerning the same , vnder paine of our high displeasure and indignation ; that wee may thereupon proceede in our princely iustice to the exemplary punishment and coertion of all such , as shal be conuicted and found guilty of so scandalous and enormous outrages . giuen at our mannor of greenwich , the ninth day of iune , in the sixteenth yeere of our raigne of england , france and ireland , and of scotland the one and fiftieth . god saue the king. ¶ imprinted at london by bonham norton , and iohn bill , deputie printers for the kings most excellent maiestie . anno m.dc.xviii . by the king, a proclamation prohibiting the importation of allome into any his maiesties dominions england and wales. sovereign (1603-1625 : james i) 1614 approx. 9 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22103 stc 8507 estc s379 22340889 ocm 22340889 25410 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22103) transcribed from: (early english books online ; image set 25410) images scanned from microfilm: (early english books, 1475-1640 ; 1752:13) by the king, a proclamation prohibiting the importation of allome into any his maiesties dominions england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. [3] leaves. by robert barker ..., imprinted at london : 1614. caption title. imprint from colophon. "giuen at royston the tenth day of october, in the twelfth yeere of our raigne of england, france, and ireland, and of scotland the eight and fourtieth"--colophon. reproduction of original in the cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng alum -early works to 1800. proclamations -great britain. great britain -commercial policy. great britain -history -james i, 1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 apex covantage keyed and coded from proquest page images 2003-05 john latta sampled and proofread 2003-05 john latta text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion by the king. a proclamation prohibiting the importation of allome into any his maiesties dominions . iames by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . whereas wee haue alwayes held it one of the most and necessary cares and considerations incident to the state and office of kings and soueraigne princes , so to dispose of their people and gouernment , as the knowledge and vse of good and profitable arts and inuentions may become common and frequent among their people , the same being one of the greatest meanes to encrease and preserue the wealth and strength of state and people , considering how contrary effects labour and idlenesse doe produce ; the one making kingdomes great and flourishing , the other , alwayes bearing the markes of beggerie and contempt : forasmuch as some of our good and louing subiects of our realme of england , haue of late to their great charge , and no lesse commendation , found out , and made proofe of sundry mines in our countie of yorke , and elsewhere within our realme of england , for the making of allome , a merchandize of great necessitie , and vse sundry wayes for all our dominions , and did so well and commendably proceed therein , as that they were able to make sufficient store of allome , not onely to serue for the vse and expence of all our said kingdomes , but also to afford and spare great quantities thereof , to be euery yeere transported for the vse and seruice of our neighbour kingdomes and nations : and whereas the said persons by their skill and industrie , haue effected so good and great a worke , haue willingly and freely offered and yeelded vp the same allome mines into our hands , vpon such conditions and considerations , as haue giuen them full contentment and satisfaction , all men being able to iudge , that a matter of that consequence , and wherein so many of our people should be interessed , was more fit for us to take into our handes , then to leaue the same in the power of priuate men : for which causes and considerations , wee haue caused the said whole worke to bee taken into our possession , and of late haue disbursed great summes of money thereupon for the setting forward and aduanting the said worke , for the good and be●●●●● of our people and louing subiects , and haue also prouided and taken sufficient order , that our louing subiects in all parts , shall not at any time want conuenient quantitie of the said commoditie of allome for their vse , and shall also be serued of it at reasonable prices : which care and good intention of ours , hath of late bene greatly interrupted and opposed , by the bringing into our said kingdomes and dominions , great quantities of forraigne allome from diuers parts beyond the seas , whereby this so excellent an inuention and blessing of almighty god , bestowed vpon us and our people , is likely to be vtterly defeated and ouerthrowne , if the same by our care should not be prouided for , and carefully preuented . and albeit that by meanes of the allome made and to be made within our said realmes , wee shall receiue great hinderance in our customes , and other dueties , formerly payed vnto us and our predecessours , kings and queenes of this realme , for and vpon that commoditie imported ; yet wee , that in all our actions and proceedings haue our eye of grace rather vpon the flourishing estate of our kingdomes , and the comfort of our people , then vpon our profite , haue resolued rather to quit and forsake such benefit vnto our owne coffers , then to interrupt or ouerthrow so excellent a worke , of our care and princely pollicie , for the welfare of our subiects . these are therefore to require and command all and singuler person and persons whatsoeuer , aswell our naturall borne subiects , as denizons or strangers , that none of them , nor any other person or persons whatsoeuer , doe at any time or times hereafter , attempt or presume to bring , or cause to be brought into these our realmes of england , scotland , or ireland , or any other our dominions , or into any the ports , hauens , creekes , or places of any of them , any allome , in greater or lesser quantities , made or to be made in any forraigne part or place whatsoeuer , or of allome made here within this kingdome , after that the same hath bene exported , vpon paine of forfeiture of all and euery quantitie and quantities of allome , so brought , or caused to be brought into our said dominions , contrary to this our present commandement : all which said allome brought and to be imported and forfeited , our will and pleasure is , that such person and persons as shall make seizure of the same allome , shall foorthwith conuey the same allome to the warehouse of robert iohnson merchant , one of our agents for that businesse , lying in our citie of london , where hee so bringing and deliuering the same , shall haue and receiue of our said agent , vpon the deliuery thereof , the full summe of twelue pounds for euery tunne of allome , and so ratably twelue shillings for euery hundreth weight of such , and so much as hee and they shall bring thither ; to the end that the same allome , shall be with all conuenient speed exported out of this kingdome into some forreigne parts beyond the seas , so as no forraigne allome be sold , spent or vsed , within these our said realmes or dominions , or any part thereof ; and also vpon paine of our high indignation and displeasure , and of such further paines , penalties and punishments , as for the contempt of our commandement royall in this behalfe , may any way be inflicted vpon them , or any of them so offending , contrary to the true intent and meaning herein signified . and we doe further straightly charge and command all and singuler persons , that shall seize any such forreigne allome as aforesaid , shall foorthwith conuey and bring the same , and the whole quantitie thereof ( without selling , vttering , compounding or deliuering backe any part , ) vnto the house of the said robert iohnson , as is before declared , vpon paine of imprisonment , and such other punishment as shal be fit to be inflicted for the breach of this our royall commandement . and wee doe also further require and command , all and singuler the officers of our customes within all and euery the ports and hauens of the same our dominions , and the creekes and members of the same ports , that they and euery of them , doe from and after the date hereof , at all times forbeare to take any entry or entries , or to take and make any composition for any custome , subsidie , or other duetie , for or vpon any allome , brought or to bee brought into any our dominions , from any forreigne parts : and also that they and euery of them ( whom it doeth and shall concerne ) doe stay and seize as forfeited and confiscated , to the vse and vses aforesaid , all and singuler such allome , as from and after the date hereof , shal be by any person or persons whatsoeuer , brought into any port , hauen or creeke of the same our dominions , vpon paine of forfeiture of their offices , and of vndergoing our high indignation and displeasure , with such further paines and punishments , as for the same their contempts or defaults , may any way be inflicted vpon them , and euery of them in this behalfe offending . and for the better execution of this our present will and commandement , wee doe straightly charge and command all iustices of the peace , maiors , bayliffes , sheriffes , constables , headboroughes , tything-men , and all other our officers , ministers and louing subiects , to whom it shall and may appertaine , that they and euery of them , at all time and times hereafter , and from time to time , be ayding and assisting to our said customers , collectors , searchers , waiters , and to all such other person and persons , as wee shall lawfully authorize for the searching , seizing , taking , and carying away of all and euery such allomes , imported , or hereafter to be imported , contrary to this our royall prohibition and commandement . and neuerthelesse wee doe hereby signifie and declare , that whereas wee did publish a former proclamation of this nature , bearing date the nineteenth day of iune , in the seuenth yeere of our raigne , that our intention is , that the same ( as to all offences past , ) doe stand in full force , any thing in this present proclamation to the contrary notwithstanding . giuen at royston the tenth day of october , in the twelfth yeere of our raigne of england , france , and ireland , and of scotland the eight and fourtieth . god saue the king. imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1614. by the king, a proclamation commanding noblemen, knights, and gentlemen of quality, to repayre to their mansion houses in the country, to attend their seruices, and keepe hospitality, according to the ancient and laudable custome of england england and wales. sovereign (1603-1625 : james i) 1622 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22289 stc 8695 estc s122824 23957020 ocm 23957020 27017 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22289) transcribed from: (early english books online ; image set 27017) images scanned from microfilm: (early english books, 1475-1640 ; 1813:34) by the king, a proclamation commanding noblemen, knights, and gentlemen of quality, to repayre to their mansion houses in the country, to attend their seruices, and keepe hospitality, according to the ancient and laudable custome of england england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 broadside. by bonham norton, and iohn bill ..., imprinted at london : m.dc.xxii. [1622] "giuen at the court at newmarket, the twentieth day of nouember, in the twentieth yeere of our reigne of england, france, and ireland, and of scotland the six and fiftieth." reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. england -officials and employees. 2003-03 tcp assigned for keying and markup 2003-04 aptara keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion ir diev et mon droit . honi ✚ soit ✚ qvi ✚ mal ✚ y ✚ pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation commanding noblemen , knights , and gentlemen of quality , to repayre to their mansion houses in the country , to attend their seruices , and keepe hospitality , according to the ancient and laudable custome of england . his most excellent maiestie , taking into his royall consideration , that the celebration of the feast of christmasse approacheth , and how needfull it is ( especially in this time of scarcity and dearth ) to reuiue the ancient and laudable custome of this realme , by house-keeping and hospitality , which in all parts of this realme is exceedingly decayed , by the too frequent resort and ordinary residence of lords spirituall and temporall , knights , and gentlemen of quality , vnto cities and townes , and chiefly into , or neere about the cities of london and westminster ; and willing to prouide remedy , aswell for that , as sundry other inconueniences , which of necessity must ensue , by the absence of those out of their countries , vpon whose care , a great and principall part of the subordinate gouernment of this realme doth depend : doth heereby strictly charge and command , aswell all his lords spirituall and temporall ( except such as are of his priuie counsell , or beare office about the person or court of himselfe , or of his most dearely beloued sonne the prince ) and likewise all deputy lieutenants , and iustices of peace , and other gentlemen of quality , which haue mansion houses in the country , wherein they and their families haue vsually dwelt and aboade ; that they , and euery of them , immediately vpon the end of this present month of nouember , depart from the cities of london and westminster , and other cities and places with their families and seruants , vnto their seuerall countries , to attend their seruice there , and keepe hospitality , as appertayneth to their degree and calling , vpon paine , not only of his maiesties heauy indignation and displeasure , and disablement to hold any such places of seruice or trust , vnder his maiestie ; but also of such further censure and punishment , as may be inflicted vpon them , for such their disobedience and contempt , or neglect of this his royall commandement ; whereof , as his maiestie intendeth to take a strict and seuere accompt , so he doth heereby require and command , aswell the lords and others of his priuie counsell , as all other his officers and ministers , whom it shall any way concerne , to take order that all such as shall offend , may receiue condigne punishment , without toleration or conniuence . giuen at the court at newmarket , the twentieth day of nouember , in the twentieth yeere of our reigne of england , france , and ireland , and of scotland the six and fiftieth . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxii . by the king in calling to our princely remembrance, that in the late rebellion vpon pretence of depopulation and vnlawfull inclosures, the greatest number of the offenders have not beene proceeded with according to iustice and their traiterous deseruings ... england and wales. sovereign (1603-1625 : james i) 1607 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a22036 stc 8402 estc s3660 33150705 ocm 33150705 28719 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22036) transcribed from: (early english books online ; image set 28719) images scanned from microfilm: (early english books, 1475-1640 ; 1875:41) by the king in calling to our princely remembrance, that in the late rebellion vpon pretence of depopulation and vnlawfull inclosures, the greatest number of the offenders have not beene proceeded with according to iustice and their traiterous deseruings ... england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.). by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno dom. 1607. offering pardon to rioters who submit before 29 sept. other title information from first 4 lines of text. "giuen at our castle of windsor the 24. day of iuly, in the fifth yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng inclosures -england. land tenure -england. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2005-05 tcp assigned for keying and markup 2005-06 apex covantage keyed and coded from proquest page images 2005-07 mona logarbo sampled and proofread 2005-07 mona logarbo text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion royal blazon or coat of arms ❧ by the king. in calling to our princely remembrance , that in the late rebellion vpon pretence of depopulation and vnlawfull inclosures , the greatest number of the offenders haue not beene proceeded with according to justice and their traiterous deseruings , no nor so much as apprehended or touched for the same , although they bee in no better case or degree , then those few which haue suffered or beene called in question : there want not some reasons and circumstances which ( if wee would consult onely with policie or passion ) mought induce vs to further seueritie , and a more generall execution of the law vpon the same offenders . for wee are not ignorant , that of all other seditions and rebellions , none doth bring such infinite waste and desolation vpon a kingdome or state , as these popular insurrections , which though they doe seldome shake or indanger a crowne , yet they doe bring a heape of calamities vpon multitudes of innocent subiects , and chiefly vpon the authors and acters themselues . and againe , wee doe obserue , that there was not so much as any necessitie of famine or dearth of corne , or any other extraordinary accident , that might stirre or prouoke them in that maner to offend ; but that it may be thought to proceede of a kinde of insolencie and contempt of our milde and gracious gouernment , which mought ( in some prince ) turne the same into more heauy wrath and displeasure . but we neuerthelesse hauing at the very entrance of our raigne , in the highest treasons against our owne person , intermingled mercie with iustice , are much more inclined in this case , which concerneth a number of poore & simple people , to extend our naturall clemencie to wards them . whereupon we haue resolued to set wide open the gate of our mercie vnto them , and to bestowe vpon them our free grace and pardon , without further suite or supplication . and therefore we doe hereby take and receiue all the sayd offenders , and euery of them , to our mercie , and of our grace and meere motion , freely pardon vnto them their sayd offences , and all paines of death or other punishment due for the same , and promise vnto them , in the word of their naturall liege lord and king , that they shall not be in any wise molested or impeached , in life , member , lands or goods for their sayd offences , or any of them . so as neuerthelesse , that before michaelmas next they doe submit themselues , and acknowledge their sayd offences before our lieutenant , deputie lieutenant , or sheriffe in the countie where they shall remaine , whereof wee will and command a note or entrie to be made and kept . and we are further graciously pleased , that if any of them seuerally or iointly shal desire for their better assurance , to haue our pardon vnder our great seale , that our chancellor shal make the same vnto them without further warrant in that behalfe . not intending neuerthelesse to preiudice any our subiects priuate suite or action , but so much as in us is , absolutely to acquite & discharge them against us , our heires & successors . giuen at our castle of windsor the 24. day of iuly , in the fifth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom ▪ 1607. these are to certifie you that the bearer hereof, by name angelus jacobi, a merchant of cyprus, sayling out of egypt unto creet, fell most vnfortunately into the hands of turkish pirats england and wales. sovereign (1603-1625 : james i) 1624 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22327 stc 8737 estc s3886 33151130 ocm 33151130 28946 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22327) transcribed from: (early english books online ; image set 28946) images scanned from microfilm: (early english books, 1475-1640 ; 1876:7) these are to certifie you that the bearer hereof, by name angelus jacobi, a merchant of cyprus, sayling out of egypt unto creet, fell most vnfortunately into the hands of turkish pirats england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.). s.n., [london : 1624] date and place of publication from stc (2nd ed.). includes cover letter signed and dated by abp. of york, 11 april 1625, by bp. of peterborough 28 october, 1625, and nine other bishops, undated. "giuen at our palace at westminster the thirteenth of september." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng pirates -mediterranean sea -early works to 1800. turkey -foreign relations -great britain -early works to 1800. great britain -foreign relations -turkey -early works to 1800. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2003-08 tcp assigned for keying and markup 2003-09 apex covantage keyed and coded from proquest page images 2003-10 mona logarbo sampled and proofread 2003-10 mona logarbo text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion these are to certifie you that the bearer hereof , by name angelus iacobi , a merchant of cyprus , sayling out of egypt into creet , fell most vnfortunately into the hands of turkish pirats , who not only robbed and spoyled him of his goods and merchandises , but also tooke from him his wife and children , and as yet keepe them in slauerie and bondage , not to be redeemed till the said angelus iacobi pay their seuerall ransomes . wherefore , we out of our princely compassion , taking pittie o● the miserable estate and condition of this poore christian , as also being moued thereunto by the example of other princes , who by their letters witnessed vnto vs the truth hereof , which cause we deferred vnto the right reuerend father in god , george , lord archbishop of canterburie , metropolitan of all england , who did approue of the same , hauing granted and permitted him by our letttrs pattents , to aske , collect , and gather the charitable almes and beneuolence of our well disposed subiects , during the time of his continuance in these our realmes . and for that hee now desireth to returne into cyprus , his owne countrey , wee haue granted him these our letters for his safe conduct in his iourney both by sea and land , as shall be most conuenient , as also that you by whom he shall passe , might the rather bee moued to relieue him by your christian charitie : so shall you lay vp your treasure in heauen , and binde this poore man to pray for your safetie continually . giuen at our palace at westminster , the thirteenth day of september . god saue the king. hauing perused of late his maiesties letters patents , on the behalfe of this bearer , angelus iacobi : these are to desire , as well the prebendaries , residensaries at yorke , vpon some sunday in the metropoliticall church there : as also to require all parsons , vicars , curates and church-wardens throughout my diocesse of yorke , to be ayding and assisting vnto him , in receiuing the free and charitable beneuolence of all well affected subiects , in their seuerall chruches and chappels , according to the tenor of the said letters patents , signified in that behalfe . at bishopthorpe the eleuenth of aprill 1625. tobias eboracen . and in our diocesse of peterborough . 28. october . 1625. tho. peterbor . fr. heref. miles glocester . iohn wigorn. tho. couen . and lichf . theophilus landauensis ric. assaphen . sa. noruicen . tho. parke procan . cantrbrig . gu. peirs uicecan . oxon. an abstract of some branches of his maiesties late charter, granted to the tobacco-pipe makers of vvestminster, declaring his maiesties pleasure touching that manufacture, and also all persons whom it may concern england and wales. sovereign (1603-1625 : james i) 1619 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22205 stc 8611 estc s3420 33149728 ocm 33149728 28479 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22205) transcribed from: (early english books online ; image set 28479) images scanned from microfilm: (early english books, 1475-1640 ; 1875:111) an abstract of some branches of his maiesties late charter, granted to the tobacco-pipe makers of vvestminster, declaring his maiesties pleasure touching that manufacture, and also all persons whom it may concern england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.). j. beale, [london : 1619] imprint information suggested by stc (2nd ed.). "witnesse our selfe at westminster the sixth day of october, in the seuenteenth yeere of our raigne of england, france, and ireland, and of scotland, the three and fiftieth." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco pipe industry -law and legislation -great britain -early works to 1800. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2003-10 tcp assigned for keying and markup 2003-10 spi global keyed and coded from proquest page images 2003-11 mona logarbo sampled and proofread 2003-11 mona logarbo text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion honi soit·qvi·mal·y·pense ir royal blazon or coat of arms an abstract of some branches of his maiesties late charter , granted to the tobacco-pipe makers of vvestminster ; declaring his maiesties pleasure touching . that manufacture , and also all persons whom it may concerne . iames by the grace of god , king of england , scotland , france and jreland , &c. whereas wee haue been informed by the complaint of diuers of our poore subiects , the ancient makers of tobacco-pipes within this our realme ▪ that for want of power and priuiledge to retaine their apprentises and seruants during their apprentiship ( who commonly depart from them before they haue serued their tearmes , or attained to the knowledge of their art ) they are much preiudiced both in their trades and meanes of liuing , by their excessiue making and vttering of ill ware , and our subiects who haue vse of that manufacture , are thereby greatly abused and deceiued : and not only so , but to their masters farther impouerishment , these loose and idle persons doe instruct and teach others of as bad qualitie as themselues , to make and sell like ill & deceitful ware. besides , for that the said art of making tobacco pipes is easily learned , sundry of our subiects trained vp in other trades more vsefull for the realme , doe forsake the same and take vp this of making tobacco-pipes : and others who haue other good trades to liue vpon , intrude themselues into this also , and vse both , to the hinderance and ouerthrow of those who anciently practised the same . and whereas for the better reforming of all those disorders , to cut off the superfluous straglers and late intruders , to reduce them to a competent number , and to settle good gouernment amongst them ( this trade being a new trade , neuer yet ordered by any law or policie , and which concerneth not any commoditie of necessitie for our common-weale , but a superfluous pleasure , necessarie to be regulated by our royall power & authoritie ) we haue therefore thought fit by letters patents vnder our great seale , to incorporate a certaine number of choice and selected persons , who haue either serued as apprentises , or haue otherwise practised that art by the space of seuen yeers , to whom and whose seruants , apprentices , and such others as shall be by them admitted into that societie for their skill and honest conuersation , wee intend to appropriat the said art , and to restraine all others from taking that benefit which in no right belongeth vnto them . and to the end that all our louing subiects may take knowledge of our pleasure expressed in our charter , that it may be duly obserued without pretext of ignorance , wee doe heereby declare our expresse will and pleasure to be , and doe straightly charge and command , that no person or persons whatsoeuer , other then such as are members of the said societie of tobacco-pipe makers of westminster , or which haue by the space of seuen yeares at the least beene bound to ( or exercised ) that art , or such others as shall be chosen into the societie by the said societie , shall not presume ( from the date of these presents ) directly nor indirectly to make any manner of tobacco-pipes within this our realme of england or dominion of wa●es , nor shall bring in or import any manner of tobacco-pipes from beyond the seas , or from our realme of scotland ; nor shall vtter , sell , or put to sale any tobacco-pipes so made or brought into this our realme of england and dominion of wales , contrary to our pleasure heerein declared upon paine not only of forfeiture of all such manufacture , but of incurring such penalties , imprisonments and punishments , as by the lawes and statutes of this our realme , or by our prerogatiue royall may be inflicted vpon the offenders in this kind for their contempt or neglect of our royall will and commandement . and further , for the better discouering and suppressing of all secret and vnder-hand making or vttering of the said manufacture by such as are not members of this societie or otherwise enabled as aforesaid , wee doe require , charge , and straightly command all our louing subiects ( especially such retaylers as shall buy tobacco-pipes to sell againe ) that they , nor any of them directly , nor indirectly , shall buy , acquire , get or obtaine any tobacco-pipes whatsoeuer of or from the hands of any person or persons , not being knowne members of the said societie , and to that end it is prouided , that all tobacco-pipes made by the said company , shall be brought to the common hall of the said societie there to be proued whether the same be good and marchantable ware , before they shall be vttered or put to sale ; ( where they may be bought of all our louing subiects ) upon paine of vndergoing of our displeasure , and such paines and penalties as shall or may ensue thereupon for such contempt against our will and our prerogatiue royall . and for the full effectuating of our pleasure heerein , these are to command and straightly charge , that all the said tobacco-pipe makers aforesaid , shall forthwith take knowledge of our charter by these presents , and by resorting to the said societie in london , where they shall receiue such orders and ordinances as shall be constituted and made by the master , wardens , and assistances of the said societie for the benefit of the said societie . and lastly , we will and do heereby require all maiors , sherifes , iustices of peace , bailifes , constables , and all other officers and ministers whatsoeuer , that they and euery of them in their seuerall offices and places be from time to time ayding and assisting to the said master , wardens , and societie in the due execution and accomplishment of this our royall will and commandement , as they tender our pleasure , and will auoid the contrary ▪ witnesse our selfe at westminster the sixth day of october , in the seuenteenth yeere of our raigne of england , france , and ireland ▪ and of scotland , the three and fiftieth . by the king, a proclamation for the banishing of giles mompesson england and wales. sovereign (1603-1625 : james i) 1621 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22251 stc 8663 estc s1569 20213893 ocm 20213893 23835 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22251) transcribed from: (early english books online ; image set 23835) images scanned from microfilm: (early english books, 1475-1640 ; 1709:22) by the king, a proclamation for the banishing of giles mompesson england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 broadside. by bonham norton, and iohn bill ..., imprinted at london : m.dc.xxi [1621] "giuen at our palace of westminster the thirtieth of march, in the nineteenth yeere of our reigne ..." reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng mompesson, giles, -sir, 1584-1651? proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 aptara keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion royal blazon or coat of arms ¶ by the king. ❧ a proclamation for the banishing of giles mompesson . whereas giles mompesson , late knight , for great and insufferable crimes by him committed , to the abuse of his maiestie , and grieuous oppression of his subiects , hath by the high court of parliament beene declared to bee degraded of the order of knighthood , and sentenced and adiudged to susteine and beare other punishments , as by the record of the foresaid iudgement appeareth : the kings most excellent maiestie approouing in all things the iust proceedings and sentence of the same his high court of parliament ; which to preuent , the said mompesson ( while the matters were in examination ) escaped from his keeper , and fled , and is not now to be found . neuerthelesse , his maiestie ( desiring to assure all his louing subiects , how hatefull and offensiue it is to his maiestie , that his people should be so iniured , molested , vexed or oppressed , and willing by the seueritie of his iustice to deterre all others from any like attempt or enterprise hereafter ) hath resolued ( ouer and besides all the punishments inflicted vpon the said mompesson , by the iudgement of parliament ) to adde this further punishment , in detestation of his offences , vtterly to banish and expell the said giles mompesson out of his realmes of england , scotland , and ireland , and all other his maiesties dominions , as a person infamous and vnworthy to partake of any the comforts of his maiesties happy gouernment . and therefore his maiestie doth hereby expresly charge and command , that the said giles mompesson , if now he be abiding within any of his maiesties dominions , doe forthwith , after the publication hereof , depart and withdraw himselfe out of the same : and that after such his departure , or if he be now in any parts out of his maiesties dominions , that he doe not at any time hereafter returne into the same or any of them , vpon paine to incurre , not onely the seuerest & vttermost execution of the said sentence and iudgement of parliament , but the forfeiture of whatsoeuer he may forfeit to his maiestie , and of all such further punishment as his maiesty in his kingly power and prerogatiue may inflict vpon him . giuen at our palace of westminster the thirtieth of march , in the nineteenth yeere of our reigne of great britaine , france , and ireland . god saue the king. ❧ imprinted at london by bonham norton , and iohn bill , printers to the kings most excellent maiestie . m.dc.xxi . by the king. a proclamation restrayning the carrying of munition to algeeres and tunis proclamations. 1623-04-06 england and wales. sovereign (1603-1625 : james i) 1623 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22300 stc 8708 estc s100906 99836733 99836733 1019 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22300) transcribed from: (early english books online ; image set 1019) images scanned from microfilm: (early english books, 1475-1640 ; 1601:44) by the king. a proclamation restrayning the carrying of munition to algeeres and tunis proclamations. 1623-04-06 england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([1] p.) by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxiii. [1623] dated at end: white-hall, the sixt day of april, in the one and twentieth yeere of our raigne .. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng military supplies weapons industry -great britain -law and legislation. defense industries -great britain -law and legislation. arms transfers -great britain -law and legislation. military weapons -law and legislation -great britain. pirates -legal status, laws, etc. tunis (tunisia) algiers (algeria) 2003-08 tcp assigned for keying and markup 2003-09 spi global keyed and coded from proquest page images 2003-10 emma (leeson) huber sampled and proofread 2003-10 emma (leeson) huber text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion by the king. ¶ a proclamation restrayning the carrying of munition to algeeres and tunis . the kings most excellent maiestie taking knowledge , aswell by the aduertisements of diuers forreine princes and states , and of their ambassadours , as by the wofull complaints of many of his owne good subiects , that susteine great and continuall losses by pyrats , and sea-rouers vsually retiring to , & harbouring themselues at algeers , & tunis , that the sayd pyrats & sea-rouers receiue great comfort & encouragement by an abusiue trade that some merchants out of greedinesse , & for vniust lucre do maintaine at algeers , & tunis , for weapons , gunpowder , shot , and other munition of all sorts , wherewith those common enemies of mankinde doe dayly inuade the subiects of his maiesty & other christian princes , hath thought it agreeable to his own iustice and honour to forewarne , that none of his subiects , from hencefoorth , haue any hand in a course so vniust . and therefore his maiesty doeth heereby straitely charge and command , that none of his maiesties subiects whatsoeuer , doe at any time heereafter carry or import vnto the sayd towne or port of algeers , & tunis , any gunpowder , shot , armour , weapons , munition or victualles whatsoeuer vpon paine to incurre his maiesties indignation & highest displeasure , and to endure the seuerest chastisements that so high an offence may deserue to be inflicted on them by his maiesties lawes or kingly prerogatiue . giuen at the court at white-hall , the sixt day of april , in the one and twentieth yeere of our raigne of great brittaine , france and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxiii . by the king, a proclamation for preuention and restraint of the abuses and inconueniences occasioned by dying with logwood england and wales. sovereign (1603-1625 : james i) 1619 approx. 7 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22223 stc 8630 estc s1568 20213857 ocm 20213857 23834 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22223) transcribed from: (early english books online ; image set 23834) images scanned from microfilm: (early english books, 1475-1640 ; 1709:21) by the king, a proclamation for preuention and restraint of the abuses and inconueniences occasioned by dying with logwood england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([2] p.) by robert barker and iohn bill ..., imprinted at london : m.dc.xix [1619] caption title. "giuen at our palace of white-hall, the nine and twentieth day of february, in the seuenteenth yeere of our reigne ..."--p. [2]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng logwood. proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 apex covantage keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion ir diev et mon droit . honi soit qvi mal y pense royal blazon or coat of arms ¶ by the king. ❧ a proclamation for preuention and restraint of the abuses and inconueniences , occasioned by dying with logwood . whereas many good lawes and statutes haue beene heretofore made and established , prohibiting the importation of a certaine false and deceitfull dying stuffe or wood , called logwood or blockewood , which sayde statutes did not produce that good effect that thereby was intended ( the seizing and taking of the sayde wood being wholly neglected ) for that no satisfaction or recompence was by the law offered or allowed to such as employ their paines and endeauour in the discouery and seizure thereof ; whereupon wee for further preuention of the sayd deceipts , haue made seuerall restraints by our letters patents , bookes of rates , and otherwise , thereby to hinder the importation and abuse of the sayd wood ; by which meanes , albeit great quantities of the sayd wood haue beene seized and burnt , yet the said wood is still priuily imported and disposed of , within this our kingdome , to the hurt and preiudice of our subiects : wee , hauing taken these things into our consideration , and out of our princely care , desiring to pursue our former purpose in preuenting whatsoeuer might be hurtfull to our subiects , and on the contrary to giue them reliefe in things vsefull and necessary ; and being informed that the importation and vse thereof for diuers sorts of course stuffes , linnen of all sorts , caddoes , ribband , inckle , tape , cappes , gloues , hattes , leather for poynts , brushes , couers for bookes , saddles , stooles and chaires , and threed of diuers sorts , with many other haberdashery wares , that cannot conueniently be dyed or coloured without logwood or blockwood , by reason of the cheapnesse , and the glosse it giues to such meane commodities , farre better then any other stuffe can doe , is most necessary and not preiudiciall to any of our subiects ; haue thought meete to licence the importation of some competent quantitie of the said wood , to be employed and vsed onely about such needfull vses as aforesaid ; and withall to adde some further prouision for restraint of the immoderate importation of the said wood , tending to the abuse and deceipt of our people : and therefore haue by our letters patents vnder our great seale of england , giuen licence to our welbeloued seruant and subiect sir thomas compton knight , and his assignes , as well to import into this kingdome yeerely the quantitie of fiftie tonnes of logwood , and no more , as to take into his or their hands the moytie of all logwood imported by others , and seized as forfeited , the other part thereof being first burnt ; neuerthelesse vnder these cautions and prouisions following , viz. that there shall not be vttered or sold by him or his assignes , aboue the aforesaid yeerely quantity of fifty tonnes of logwood or blockwood , and to none other vse or vses , then the good and necessary vses before mentioned ; and that hee or they shall not directly or indirectly import any greater quantitie then fiftie tonnes yeerely ; and that the same , with all such logwood as shall be seized and come to his or their hands , shall be registred in the custome-house in london , in our register there kept for forfeitures , with the name of the master of the shippe , and owner of the wood , to the ende that it may be knowen who shall presume to import the same , contrary to our pleasure ; and that as well the wood by him the sayd sir thomas compton , his executors or assignes , to be imported , as otherwise to come to his or their hands vpon seizure , which shall be solde or vented within this realme , shall bee ground and solde in an appointed place in the citie of london , and not elsewhere ; and that vpon such sale , the names and place of abode of all such as shall buy logwood , shall be taken and registred , and for what vse they buy the same ; and that so much of the said logwood as shall come vnto the hands of the said sir thomas compton or his assignes , by importation or otherwise , as shall exceede the quantitie of fiftie tonnes in any one yeere , shall be by him or them shipped foorth of this kingdome , within three moneths after the same shall come to his or their hands or possession : and likewise that the said sir thomas compton or his assignes , shall at all times , being thereunto required , giue notice to whom the same logwood is solde , that enquirie may be made , whether the buyer thereof doe vse the same contrary to the orders prescribed . and the better to encourage such as will employ their endeauour in and about the discouerie and seizure of the said wood , to the end the abuse thereof in dying cloth and woollen commodities may be taken away , and the good vse thereof onely maintained and cherished , it is likewise prouided in the said letters patents , that the saide sir thomas compton , his executors and assignes , shall pay to all such as shall seize any logwood , the summe of sixe pounds per tonne , and so by the hundreth accordingly , so that he that makes the seizure , doe first deliuer the one halfe of such wood to the mayor , bayliffe , or iustice of peace where it shall be seized , to be burnt , and then bring the other halfe to the patentee , or his assignes , with certificate from some of the said officers that the one halfe is burnt , as by our said letters patents more at large appeareth : wee , to the ende all our louing subiects may take notice of our gracious purpose and intention , whereby the same may take better effect for the generall good of this our kingdome , doe by this our proclamation publish and giue notice to all men , whom the premisses shall in any wise concerne , that our expresse will and pleasure is , that all and euery the cautions , prouisions , restraints , and other the premisses aboue-mentioned , be carefully and diligently performed and obserued . and therefore wee doe hereby charge and command all mayors , sheriffes , bayliffes , iustices of peace , customers , comptrollers , searchers , surueyours , waiters , constables , headboroughs , and all other our officers and ministers , not onely to be carefull and diligent in the discouering and punishing of all and singuler offences and offenders in this behalfe , but also to be from time to time aiding and assisting vnto the said sir thomas compton , his executors , administrators and assignes , and to his and their deputie and deputies , and to all other persons which shall finde and seize any of the sayd logwood or blockwood , imported , vsed , or employed contrary to this our will and command . giuen at our palace of white-hall , the nine and twentieth day of february , in the seuenteenth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , and iohn bill , printers to the kings most excellent maiestie . anno dom. m. d c. xix . by the king a proclamation concerning tobacco. england and wales. sovereign (1603-1625 : james i) 1624 approx. 16 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-03 (eebo-tcp phase 1). a22328 stc 8738 estc s123076 33150330 ocm 33150330 28553 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22328) transcribed from: (early english books online ; image set 28553) images scanned from microfilm: (early english books, 1475-1640 ; 1876:8) by the king a proclamation concerning tobacco. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 4 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : 1624. imprint from colophon. last complete line of sheet 4 ends "diligent". forbidding importation except from bermuda and virginia; requiring inspection and sealing of all tobacco. "giuen at our honour of hampton court,the nine and twentieth day of september, in the two and twentieth yeere of our reigne of england, france, and ireland, and of scotland the eight and fiftieth." reproduction of original in: henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. great britain -colonies -commerce. great britain -history -james i, 1603-1625. 2003-10 tcp assigned for keying and markup 2003-11 apex covantage keyed and coded from proquest page images 2004-11 mona logarbo sampled and proofread 2004-11 mona logarbo text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion ir diev et mon droit honi ✚ soit ✚ qvi ✚ mal ✚ y ✚ pense royal blazon or coat of arms ¶ by the king. ¶ a proclamation concerning tobacco . whereas our commons , assembled in our last sessions of parliament , became humble petitioners vnto us , that , for many waightie reasons , much concerning the welfare of our kingdome , and the trade thereof , we would by our royall power , vtterly prohibite the vse of all forreigne tobacco , which is not of the growth of our owne dominions ; and whereas we haue vpon all occasions made knowen our dislike , we haue euer had of the vse of tobacco in generall , as tending to the corruption both of the health and manners of our people , and to that purpose haue at seuerall times heretofore prohibited the planting of tobacco , both in england and wales , as vtterly vnfit , in respect of the climate , to cherish the same for any medicinall vse , ( which is the onely good to bee approoued in it ; ) and at other times haue also prohibited the disorderly trading for tobacco , into the parts beyond the seas , as by our seuerall proclamations , published to that purpose , it may appeare . neuerthelesse , because wee haue beene earnestly and often importuned by many of our louing subiects , planters and aduenturers in virginia , and the sommer islands , and lately by our commissioners for virginia , that we would be pleased to take into our royall care that part of our dominions , by our royall authoritie , and by the industrie of our loyall subiects , added to the rest of our empire , for the propagation of christian religion , and the ease and benefite of this populous realme , and to consider , that those colonies and plantations , are yet but in their infancie , and cannot be brought to maturitie and perfection , vnlesse we will bee pleased for a time to tolerate vnto them the planting and venting of the tobacco , which is , and shall be of the growth of those colonies and plantations ; we , taking into our princely consideration these , and many other important reasons of state , haue beene graciously pleased to condescend to the desires and humble petitions of our louing subiects in this behalfe . and therefore we doe by these presents straitly charge and command , that no person whatsoeuer , of what degree or qualitie soeuer , doe at any time hereafter , import , or cause to be imported from any part beyond the seas , or out of our kingdome of scotland , into this our realme of england , or dominion of wales , or into our realme of ireland , any tobacco , which is not of the proper growth of the plantations of virginia , and the sommer islands , or one of them , vpon paine of forfeiture vnto us of all such tobacco so to be imported , contrary to the true meaning of these presents , in whose hands soeuer the same shall be found , and vpon such further paines and penalties , as by the lawes and statutes of these our realmes , or by the seuerity or censure of our court of starre-chamber , in either of those kingdomes respectiuely , may be inflicted vpon the offendors , for contempt of this our royall command , and to be reputed and taken as enemies to our proceedings , and to those plantations which so much concerne our honour , and the honour and profit of these our kingdomes . and we further will and command , vpon the penalties aforesaid , that from hencefoorth , no person or persons whatsoeuer , presume to sow , set , or plant , or cause , or permit , or suffer to be sowed , set , or planted , in any of his or their grounds , any tobacco whatsoeuer , within these our realmes of england , or ireland , or dominion of wales , or any isles or places belonging thereto , or permit or suffer any old stocke , plant , or root of tobacco formerly set , sowed , or planted there to continue , not plucked vp and vtterly destroyed , contrary to the tenour and true meaning of a former proclamation , made and published by us to that purpose , bearing date the thirtieth day of december , in the seuenteenth yeere of our reigne of england . and wee further straitly charge and command , vpon the paines and penalties aforesaid , that no person whatsoeuer , presume to buy , or sell any tobacco , which from hencefoorth shall be imported , or brought from any the parts beyond the seas , or from our realme of scotland , which is not , or shall not be of the proper growth of the colonies aforesaid , of virginia , and the sommer islands , or one of them . and because wee vnderstand , that some , who intend their owne priuate , more then the publique , conceiuing it to be probable , that we would grant the petition of our commons in parliament , to preuent the effect thereof , haue lately imported secretly , and by stealth , great quantities of forreigne tobacco , for which they haue payd no subsidie or other duety vnto us ; we further will and command , vnder the paines and penalties aforesaid , that no person whatsouer , from , and after the fiue and twentieth day of march , now next ensuing , presume to sell , or offer , or put to sale within these our realmes or dominion , any tobacco , which hath beene formerly imported into this realme , which is not of the proper growth of the colonies , or plantations aforesaid , or one of them , nor that any person whatsouer , willingly and knowingly , take , or vse any tobacco , from , and after the first day of may , now next ensuing , which is not , or shall not be of the proper growth of the sayd colonies , or plantations , or one of them . yet , because the said forreigne tobacco may not lie on the hands of the owners thereof , wee are graciously pleased , that at any time , within fortie dayes after the sayd fiue and twentieth day of march , such forreigne tobacco may be freely exported by any person whatsoeuer , without paying any subsidie or other duetie for the same . and because no man shall pretend ignorance , and thereby endeuour to excuse his offence in any of the premisses ; wee doe further charge and command , and doe hereby signifie and declare our will and pleasure to be , that all , and euery person and persons , merchant or other , who vseth to sell , or hath any purpose to sell tobacco , who haue in his , or their hands , custodie or possession , or in the hands , custodie or possesson of any other by their deliuery , or to their vse , any tobacco heretofore imported into this our realme , or planted , set , or sowen within this realme , shall before the twentieth day of october , now next comming , bring the same into our custome-house , within our citie of london , if such tobacco be within fiue miles of our said citie , or if such tobacco be in any other citie , towne , or place , within this our realme of england , or dominion of wales , or realme of ireland , shall bring the same to the towne-house , or other fit place , which shall be to that purpose appointed by us , in that city or corporate towne , neerest vnto which the said tobacco shall be , and shall before the first day of december , now next comming , there require and cause the same to be marked and sealed by such person or persons , and with such seale and marke , as we shall thereunto assigne or appoint for that purpose , without giuing any fee or allowance for the said seale or marke , and whatsoeuer tobacco shall not be sealed or marked , as aforesaid , within the seuerall times aforesaid , shall be confiscate & forfeited vnto us for such their default and contempt . and for the auoyding of all deceit and abuse in disguising of forraigne tobacco , or mingling the same with the tobacco of virginia , or the sommer islands , thereby to defraud the true intent of these presents , we further straitly charge and command , vnder the paines and penalties aforesaid , that no person , who is , or shall be a seller of tobacco , shall haue , or keepe ready cut , aboue the quantitie of one pound of tobacco at once , nor shall mingle any forraigne tobacco , with any tobacco of the growth of the sommer islands or virginia . and wee straitly charge and command , that all the planters of tobacco in the colonies aforesaid , or any part thereof , shall make the same good , and merchantable , and shall not presume to send ouer into this our realme of england , any tobacco , which shall not be good and merchantable , and well made vp in rolle without stalkes , or other bad or corrupt stuffe , vpon paine of confiscation thereof , or so much thereof , as vpon due triall made , shall be found to be otherwise , to the intent that such of our subiectes , as shall desire to vse the same , may not be abused , or deceiued therewith , to the impairing of their health . and to the intent that the tobacco of the colonies , and plantations aforesaid , thus tolerated by us , may be knowen and distinguished , from such as shall bee secretly , and without warrant brought in by stealth ; wee doe likewise straitly charge and command , vpon the paines and penalties aforesaid , that all such tobacco , as shall bee brought from the colonies aforesaid , shall be all brought , and landed at the key of our custome house , in our citie of london , and not elsewhere , in any of our realmes or dominions , and shal be there registred , & shall not be remooued from our said custome house , vntill it shall bee there first tryed , sealed , and marked , by such person , or persons , & with such seale or marke , as we shall thereunto assigne and appoint ; such seale or marke to bee set thereto , without fee , or other reward whatsoeuer . and wee doe further straitly charge and command , vpon the paines and penalties aforesaid , that all owners of ships , bee carefull to imploy such masters in their ships , or other vessels , from whom they will take good caution , not to offend in the importation of any tobacco , contrary to this our royall pleasure . and we do further signifie and declare by these presents , that we will require an exact accompt of the master of euery ship , or other vessell , that he shall make such diligent , and carefull search , ouer the marriners and passengers in his ship , or other vessell , that none of them shall conueigh ouer into these our realmes of england , or ireland , or dominion of walles , or into any port , hauen , creeke , or other parts thereof , any tobacco , to be imported , contrary to the true intent and meaning of these presents : and that our customers , or their deputies , in euery port of these our realmes of england , and ireland , shall , vpon oath , examine euery master of a ship , or other vessell , or other officers and mariners in the said ship , or vessell , whether they haue made search in the said ship or vessell , for tobacco , and whether any tobacco bee in the said ship , or vessell , to their knowledge , and whether any tobacco were laden in the said ship or vessell , and bee taken out thereof , and what is become of the same : and if any master of a ship , or other vessell , shall wilfully , or negligently permit , or suffer any tobacco to be imported , or shall otherwise offend , contrary to these presents , euery such master ( because it is in his power to preuent the same ) shall also be answerable vnto us for his contempt herein , and shall be subiect , & lyable to all the paines and penalties aforesaid , aswell as if he himselfe had actually and purposely committed the said offence . and whereas we are informed , that some traders in tobacco , doe vse to import tobacco in forreigne bottomes ; wee strictly charge and command , that no person whatsoeuer , either stranger , denizen , or naturall borne subiect , presume to import any tobacco whatsoeuer , in any forreigne bottome , at any time hereafter , vpon paine of confiscation , not onely of the said tobacco , but also of the ship , or vessell , wherein the same is so imported , and vpon the other paines and penalties aforesaid . and for the better execution of our pleasure herein , we doe hereby command all and singuler customers , comptrollers , searchers , wayters , and other officers , attending in all , and euery the ports , creekes , or places of lading or vnlading , for the taking , collecting , or receiuing of any of our customes , subsidies , or duties , to take notice of this our pleasure : and we do hereby command , and giue power and authoritie vnto them , and euery of them , from time to time , aswell to search any shippe , or other vessell , or bottome , ryding , or lying within any port , hauen , or creeke , within their seuerall charge of attendance , for all tobacco imported , contrary to the intent of this our royall proclamation ; and the same being found , to seize and take to our vse , and also to take notice of the names , and apprehend the bringers in and buyers of the same , to the end they may receiue condigne punishment for their offences , vpon payne , that euery of the said officers , which shall bee found negligent , remisse or corrupt therein , shall lose his place and entertainement , and vndergoe such paines and penalties , as by our lawes , or by the censure of our said court of starre-chamber , may be inflicted vpon them for the same . and we doe likewise , will , ordaine , and appoint , that it shall and may bee lawfull , for such person or persons , as shall be thereunto authorized and appointed , by him , or themselues , or his , or their deputy or deputies , with a lawfull officer to search any shippe , or other vessell , and to enter into any shoppe , house , seller , warehouse , or other suspected places , at lawfull and conuenient times , and there to search , discouer , and find out any tobacco , imported , vttered , sold , or vented , or to be vttered , sold , or vented , not marked or sealed , as aforesaid , contrary to the true meaning hereof , and all such tobacco so found , to seize , take away , and dispose of , and the owners thereof , or in whose custodie the same shall be found , to informe and complaine of , to the end they may receiue punishment , according to our pleasure before herein declared . and further , we doe by these presents , will and require all and singuler mayors , sheriffes , justices of peace , bayliffes , constables , headboroughs , customers , comptrollers , searchers , wayters , and all other our officers and ministers whatsoeuer , that they , and euery of them , in their seuerall places and offices , be diligent and attendant in the execution of this our proclamation , and also ayding and assisting vnto such person and persons , and his and their deputies and assignes , as we shall so , as aforesaid , authorise & appoint , aswell in any search for discouery of any act , or acts to be performed contrary to the intent of these presents , as otherwise , in the doing or executing of any matter or thing , for the accomplishment of this our royall command . and further our will and pleasure is , and wee doe hereby charge and command our atturney generall , for the time being , to informe against such persons in our court of starre-chamber , from time to time , whose contempt and disobedience against this our royall command , shall merit the censure of that court , and to prosecute euery such information speedily and effectually , vntill the same shall bee brought to sentence . and our pleasure and command is , that all the tobacco which vpon any seizure shall become forfeited , shall bee brought to our custome house , next adioyning to the port , or place where the same shall be seized , where the seizor thereof shall deliuer the same to our vse , and the same shall be foorthwith burnt , consumed , and destroyed ; but the offendour , before he be discharged , shall pay to the partie , who seized the said tobacco , the one halfe of the true value thereof : and that such person or persons , whom wee shall appoint , specially by our priuie seale , to take care and charge of the execution of our pleasure in the premisses , shall haue the one halfe of all the fines , to bee imposed vpon euery offendour against this our proclamation , for their encouragement to bee diligent and faithfull , in , and about the performance of that seruice , we shall so commit vnto them . giuen at our honour of hampton court , the nine and twentieth day of september , in the two and twentieth yeere of our reigne of england , france , and ireland , and of scotland the eight and fiftieth . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . 1624. by the king, a proclamation for the continuance of his maiesties farthing tokens england and wales. sovereign (1603-1625 : james i) 1614 approx. 5 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22096 stc 8500.7 estc s1559 20213443 ocm 20213443 23825 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22096) transcribed from: (early english books online ; image set 23825) images scanned from microfilm: (early english books, 1475-1640 ; 1709:16) by the king, a proclamation for the continuance of his maiesties farthing tokens england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 1 sheet ([2] p.) by robert barker ..., imprinted at london : 1614. caption title. "giuen at our manour of greenewich, the one and twentieth day of iune, in the twelth yeere of our reigne ..."--p. [2]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tokens -england. proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 aptara keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation for the continuance of his maiesties farthing tokens . whereas the kings most excellent maiestie for the suppressing of the manifold abuses , in passing of farthing tokens , of lead , brasse , copper , and other mettall , betweene uintners , tapsters , chandlers , bakers , and other the like tradesmen , and their customers ; did publish his proclamation , bearing date at white-hall , the nineteenth day of may , in the eleuenth yeere of his maiesties reigne , of great britaine , france and ireland , as a prouident remedie of the said abuses ; whereby his maiestie did prohibite the vttering of all farthing tokens whatsoeuer , and was pleased to giue full power , and authority , to iohn lord harrington , his executors , or assignes , to make , or cause to be made , such a competent quantity of farthing tokens of copper , as might be conueniently vsed within his realmes of england , and ireland , and dominions of wales , according to his highnesse letters patents vnder the great seale , for the sole making and vttering thereof , as by the saide proclamation , and letters patents , more at large it doth appeare . now forasmuch as his maiestie is informed , that vpon the death of the said lord harrington , the elder , and more especially vpon the death of the late lord harrington his sonne , by meanes of some false bruits spread abroad , by lewd and euill disposed persons , some doubt is made of the continuance of the force of the said proclamation , and the vse of the said farthing tokens of copper : insomuch that thereupon some not well disposed , doe either refuse to vse them , or doe continue to vtter their owne tokens , of brasse , copper , and other mettall , or matter , contrary to the true intent of his maiesties said graunt , and prohibition , and of the said proclamation , whereby the said abuses , and the licencious vse of them doth in some part stil continue ; his maiesty therfore finding how acceptable the said farthing tokens , made by the said lord harrington and his assignes , haue beene to his maiesties subiects , vnto whose hands they haue come , and especially about the citie of london , and most chiefly for the reliefe of the poore , indigent , and poorer sort of people ; hath thought fit by this his second proclamation , to publish his royall pleasure , for the continuance of the force of the said proclamation , and the confirmation of his said letters patents to the lady anne harrington widow , late wife of iohn lord harrington , the patentee deceased , and executrix of the last will , and testament of iohn lord harrington her sonne likewise deceased , and to her assignes , and for the continuance of the said farthing tokens of copper accordingly . and doeth therefore by these presents , not onely publish and declare his highnesse will and pleasure , that the said farthing tokens of copper , shall continue without any alteration of the stampe or print now vsed ; and shall , and may passe amongst his louing subiects , according to the tenour of the sayd former proclamation ; but also doeth straitly prohibite and forbid all , and euery person and persons whatsoeuer , aswell to vse or receiue any tokens whatsoeuer ( other then the farthing tokens made and vttered by the said lord harrington the patentee , or the said lord harrington his sonne , their or either of their assignes , or made , or to bee made by the said lady anne harrington her assignee or assignes , and vttered , or to bee vttered , as aforesaid ) as also to make , or counterfeit such farthing tokens of copper , or the engines or instruments , whereby they are to bee made , according to the tenour and true meaning of his maiesties said letters patents , and former proclamation in that behalfe ; willing and commanding all his louing subiects ▪ to vse their best endeauours for the finding out and apprehending of the said offenders in the premisses , who shall be well rewarded for the same , and the offenders receiue condigne punishment . giuen at our manour of greenewich , the one and twentieth day of iune , in the twelfth yeere of our reigne of great britaine , france , and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1614. by the king a proclamation concerning the viewing and distinguishing of tobacco in england and ireland, the dominion of wales, and towne of barwicke. england and wales. sovereign (1603-1625 : james i) 1619 approx. 9 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22210 stc 8617 estc s124160 33150222 ocm 33150222 28538 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22210) transcribed from: (early english books online ; image set 28538) images scanned from microfilm: (early english books, 1475-1640 ; 1875:115) by the king a proclamation concerning the viewing and distinguishing of tobacco in england and ireland, the dominion of wales, and towne of barwicke. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 2 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : anno mdc.xix [1619] requiring compliance to 31-year patent to f. nichols for inspection of tobacco. caption title. imprint from colophon. last complete line of sheet 2 ends "the". "giuen at theobalds the tenth day of nouember, in the seuenteenth yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -law and legislation -great britain -early works to 1800. tobacco industry -licenses -great britain -early works to 1800. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2003-10 tcp assigned for keying and markup 2003-10 spi global keyed and coded from proquest page images 2004-01 judith siefring sampled and proofread 2004-01 judith siefring text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion ❧ by the king. ❧ a proclamation concerning the viewing and distinguishing of tobacco in england and ireland , the dominion of vvales , and towne of barwicke . whereas diuers good and necessarie prouisions haue beene heretofore made , aswell by act of parliament , as otherwise , for the well garbling of spices and drugges , to the intent the subiects of this our realme should not bee occasioned to vse any vnwholsome spices or drugges , to the impayring of their health ▪ or to buy the bad instead of the good , to the impairing of their substance . and for as much as the drugge called tobacco , being of late yeeres growne frequent in this our realme & other our dominions , is daily sold vngarbled , whereby more inconuenience groweth and ariseth to our louing subiects , then by any other drugge whatsoeuer . and for that also by the manie and sundrie abuses practised and committed by merchants , masters of ships and others , in concealing and vttering the said tobacco without paying any impost or custome for the same , great losse and dammage accrueth to us , notwithstanding any lawes , statutes or other course heretofore taken for preuenting thereof : for remedie of all which inconueniences , wee , by our letters patents vnder our great seale of england , bearing date , at westmynster the fiue and twentieth day of may now last past , did prohibite and forbid , that no person or persons should at any time after the day of the date of our said letters patents within our realme of england , the dominion of wales , and port and towne of barwicke , or any of them ; or within our realme of ireland , or any part of them or any of them , by himselfe or themselues , or his or their seruants or factours , or any others , directly or indirectly sell or put to sale ; or attempt , presume or goe about any manner of way to sell or put to sale , either in grosse or by retaile , any tobacco , of what sort , kind or growth soeuer , before the custome and impost thereof due , were paid ; and the same tobacco were viewed , distinguished and sealed by the officer or officers of us , our heires and successours , in that behalfe to be constituted and appointed ; for whose labour , trauell , charges and expences in that behalfe to be sustained and taken in the execution of the said office : wee did by the said letters patents , constitute and appoint , that they should and might from time to time , demand , take and receiue to their owne vse , of euery person and persons whose tobacco they should so garble , viewe and seale , the summe of foure pence of currant english money , for euery pound weight thereof so viewed and sealed . and wee did also by our said letters patents ( for the considerations therein mentioned ) giue and grant the said office , with the powers , fees and authorities before mentioned to our welbeloued subiects , francis nichols , iasper leake and philip eden , gentlemen , to be executed by them or their deputies or assignes for thirtie and one yeeres next ensuing the date of the said letters patents . and wee did further by our said letters , for us , our heires and successours , giue and grant vnto the said francis nichols , iasper leake and philip eden , and their assignes , and to all and euery person and persons , which by them or any of them , by writing vnder their or any of their hands and seales , should bee in that behalfe deputed and assigned , full power and authoritie during the terme aforesaide , aswell to bee present and to haue place in all manner of custome-houses , ports , hauens , creeks and places of lading or vnlading of any manner of goods , wares or merchandizes , into or out of the said realmes and dominions : as also to be present with all and euery the customers , collecters , searchers , surueyers , waiters , and other officers and ministers hauing charge for or concerning the lading or vnlading of any goods , wares or merchandizes , for their better executing of all and euery thing and things thereby appointed , and for their better receiuing and enioying of the benefit of our said grant at all times and places , where the said officers and ministers or any of them , should by reason of their said seuerall offices haue cause or occasion to be : and also in all and euery place or places , aswell in ships arriued with tobacco , and riding in any port , roade or riuer , as on the land , to make and appoint such and so many watchmen , waiters and officers , and to prouide and vse such reasonable waies , orders and meanes , as they the said francis nichols , iasper leake and philip eden , and their assignes and deputies should and might be iust and truely informed of all parcels and quantities of tobacco , as should at any time or times during the said grant , be brought into any port or place , or be planted or growing in any place or places of the said realmes and dominions or any of them . and also that it should and might be lawfull , to and for the said francis nichols , iasper leake , and philip eden , and their assignes , and their and euery of their deputies and substitutes , at all and euery time and times during the terme aforesaid , in lawfull and conuenient maner , with a constable or other officer of the place , aswell to goe on board , view , and suruay all shippes , uessels , or bottmes , riding or lying within any of the ports , hauens , creekes and places of lading or vnlading , within our saide realme of england , dominion of wales , port or towne of barwicke , or realme of ireland , or any the members or places thereunto belonging , as to goe into any house ▪ celler , uault , warehouse , shop , or other place within the said realmes and dominion , and port , or towne of barwicke , or any part of them , or any of them to search and view if there be any tobacco vttered , sold , or put to sale , or offered to be sold , or put to sale before the same be viewed , distinguished , and sealed contrary to the true meaning of the said letters patents . and we did also by the said letters for us , our heires and successors , require , charge and command all and singular maiors , shiriffes , iustices of peace , bailiffes , constables , headboroughes , customers , comptrollers , searchers , surueyors , waiters , and all other officers , ministers , and subiects whatsoeuer , of us , our heires and successors , aswell of the said realme of england , dominion of wales , and port and towne of barwicke , as of the said realme of ireland , that they and euery of them , should from time to time during the continuance of that our graunt , be aiding and assisting to the said francis nichols , iasper leake , and philip eden , and their assignes , and to euery of them , their and euery of their deputie and deputies , substitute and substitutes , in the due execution of all and euery the powers and authorities expressed in the said letters patents , vpon paine of the displeasure of us , our heires and successors , and as they would answere the contrary at their perils ▪ as by the said letters patents more at large appeareth . wee now , to the intent our will and pleasure in the premisses may be the better knowne to all our louing subiects whom it may concerne , doe hereby notifie , publish and declare the same our pleasure , willing and commanding that all and euery the premisses , be from time to time in euery respect duely performed , executed and obserued according to the true intent and meaning of the same our letters patents . and that no person or persons doe attempt or presume to violate or infringe our command hereby ; or by our said letters patents declared or expressed , vpon the paines and penalties therein contained . and we doe also hereby charge and command , aswell all and singular merchants , and other person and persons whatsoeuer , which shall import any tobacco of what sort soeuer , that they cause the same to be duely entred in the custome house belonging to the port or place where it shall bee landed in the name or names onely of the true proprietor or owner , proprietors or owners thereof , and not in the name or names of any other person or persons which is not the true owner thereof ; as also all our customers and other officers whatsoeuer , that they take speciall care and regard to the due performance of the same , as they tender our pleasure , and will auoide the contrary . giuen at theobalds the tenth day of nouember , in the seuenteenth yeere of our reigne of great brittaine , france , and ireland . god saue the king. ❧ imprinted at london by bonham norton , and iohn bill , printers to the kings most excellent maiestie . anno mdc.xix . to the ministers and church-wardens of [blank] a copie of his maiesties letters directed to the most reverend father in god, the lord archbishop of cant. of the tenoure that ensueth. england and wales. sovereign (1603-1625 : james i) 1618 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-05 (eebo-tcp phase 1). a22147 stc 8556 estc s3896 33151145 ocm 33151145 28956 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22147) transcribed from: (early english books online ; image set 28956) images scanned from microfilm: (early english books, 1475-1640 ; 1875:89) to the ministers and church-wardens of [blank] a copie of his maiesties letters directed to the most reverend father in god, the lord archbishop of cant. of the tenoure that ensueth. england and wales. sovereign (1603-1625 : james i) abbot, george, 1562-1633. james i, king of england, 1566-1625. overall, john, 1560-1619. 1 sheet ([1] p.). s.n., [london : anno 1618] "giuen vnder our signet at our court at new-market, the 13. day of december, in the fifteenth yeere of our raigne of great britaine, and of scotland the fiftieth." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -charitable contributions. east greenwich (england) -history -17th century. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2002-12 tcp assigned for keying and markup 2003-01 spi global keyed and coded from proquest page images 2003-02 mona logarbo sampled and proofread 2003-02 mona logarbo text and markup reviewed and edited 2003-04 pfs batch review (qc) and xml conversion to the ministers and church-wardens of 〈…〉 a copie of his maiesties letters directed to the most reuerend father in god , the lord archbishop of cant. of the tenoure that ensueth . most reuerend father in god , right trustie and right wel-beloued counsellor , wee greet you well . the inhabitants of our towne and mannour of east-greenwich in our countie of kent , haue made knowne vnto vs by their humble petition , that their parish church and steeple is growne into such ruine and decay , as the charge of repayring it will amount to the summe of one thousand pounds . and b●cause they are very poore and vtterly vnable to compasse so great a worke of themselues , though they haue alreadi● giuen testimonie of their willingnesse , in disbursing the sum of three hundreth pounds toward it : forasmuch as the worke is pious and the towne a place of marke , in regard of our mansion house and often residing there : we haue beene pleased to vouchsafe our princely furtherance to so religious and charitable a businesse , nothing doubting but that you likewise will giue it all possible assistance , both by your owne example and by encouraging the zeale and deuotion of our louing subiects thereunto , especially of those of the clergie . wherefore wee doe by these our speciall letters require and authorise you , to giue order to the bishops of the seuerall diocesses throughout the prouince of canterbury , that they forthwith cause the ministers and other zealous persons of their diocesses , both by their owne example in contributing , and by exhortation to others , to moue our people within their seuerall charges , to contribute to so good a worke , in as liberall manner as they may ; and the mony collected to send to the bishops of the diocesses , to bee by them deliuered ouer to you , or to such as you shall appoint , to whom the inhabitants or church-wardens of that towne of east-greenwich may repayre for it . and these our letters shall bee your sufficient warrant and discharge in this behalfe . giuen vnder our signet at our court at new-market , the 13. day of december , in the fifteenth yeere of our raigne of great brittaine , and of scotland the fiftieth . to the right reuerend father in god , my very good lord and brother , the lord bishop of norwich . now because it is a worke of pietie to repayre and vphold the houses of god , and it were a disgrace to the truth of religion , that what hath beene founded in the dayes of our predecessors , should not be vpheld in the time wherein the gospell of christ doth so cleerly and brightly shine , i pray your lordship to giue the best furtherance you may vnto this worke , not only by permitting , but also by exciting men within the diocesse , to extend their deuotion in this behalfe . whereof not doubting , i leaue you to the almighty . from lambith the 13. of ianuary . 1617. your lordships louing brother , g. cant . let my brethren of the clergie , and the churchwardens , vse their best expedition and readinesse for the publishing and speeding of his maiesties letters aforesaid , and to returne this briefe , with the money collected , to the officiall of your archdeaconrie in whose iurisdiction you dwell , or to his register , that by the said officiall or registers the same may be returned to me , or to my chancellor , to be sent vnto me speedily . this 20. of october , 1618. io. norwich . by the king whereas the kings maiestie hath alwayes bene ready to imbrace and cherish such a perfect amitie betweene him and the king of spaine ... england and wales. sovereign (1603-1625 : james i) 1605 approx. 8 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22013 stc 8373 estc s123958 33150765 ocm 33150765 28746 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22013) transcribed from: (early english books online ; image set 28746) images scanned from microfilm: (early english books, 1475-1640 ; 1875:27) by the king whereas the kings maiestie hath alwayes bene ready to imbrace and cherish such a perfect amitie betweene him and the king of spaine ... england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 2 leaves. by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno dom. 1605. proclamation against piracy. other title information from first 2 lines of text. "giuen at our castle of windsor the viij. of iuly 1605. in the third yeere of our reigne of great britaine, france and ireland." imprint from colophon. reproduction of original in: harvard university. library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng pirates. great britain -history -james i, 1603-1625. great britain -foreign relations -spain. 2003-08 tcp assigned for keying and markup 2003-09 spi global keyed and coded from proquest page images 2003-11 mona logarbo sampled and proofread 2003-11 mona logarbo text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion ❧ by the king. whereas the kings maiestie hath alwayes bene ready to imbrace and cherish such a perfect amitie and friendship betweene him and the king of spaine , and the archdukes his good brethren , as might stand with his owne honour , and the common good of his people ( for the better and more particuler obseruation whereof , there hath bene lately passed a treatie , wherein his maiesties royall will and pleasure is made so notorious to the world in all things , as whosoeuer doeth , or shall crosse the sinceritie of his maiesties intention by any action of theirs , cannot auoyd the censure of high & wilfull contempt against his person and state , ) although his maiestie is not ignorant , that these offences for the most part , are dayly committed by such , as ( partly out of their owne originall corruption , and partly by habite of spoile and rapine ) are become so insensible or desperate of the perill they draw vpon themselues , and the imputation they cast vpon the honour of their soueraigne ( so precious to him ) as his maiesty is driuen for repaire thereof , to make open profession of his sinceritie in this kinde , more often then otherwise he would : neuerthelesse , his maiestie hauing lately found by many circumstances , that most of these great faults do grow and multiply , by negligence of inferiour officers , ( especially such as are resident in the ports , and dwell in the maritime counties , ) from whom his maiestie expecteth so continuall care and vigilancie ( not onely out of feare of his maiesties displeasure , but euen for conscience sake , ) as they should bee rather industrious watches ouer those that runne such wicked courses , then ( in any degree ) receitors or abettors of the same , considering that those are as well accomptable to god , that hinder not the euill of others ( being in their power , and incident to their peculiar places and dueties ) as those that are the personall actors , or contriuers of the same : his maiestie hath thought it necessary once againe to publish to all persons of what place or condition soeuer within his maiesties dominions , these rules and ordinances following , as things whereunto hee commandeth all persons ( whatsoeuer ) to yeeld their duetifull obedience , vpon perill of his heauie indignation , and the grieuous paines belonging to the same . first , his maiestie commandeth that no seaman or mariner whatsoeuer , shal be suffered to put himselfe into any warlike seruice at sea of any forreine prince or state , straightly charging all that are in any such seruice already , to leaue the same presently and without delay , and to record their apparance in their natiue countrey , to some of his maiesties officers , vpon paine to be held and punished as pirats . item , if any person offending , doe at any time hereafter come into any port , or place of his maiesties dominions , vpon what pretext soeuer : his maiestie expresly chargeth all his officers foorthwith to apprehend the same , and to commit them to prison without baile or mainprise , and the certificat thereof to be presently returned into the admiraltie court , to the ende that they may bee proceeded withall , according to the lawes of the realme , and the contents of his maiesties former proclamations . item , his maiestie commandeth all his subiects , ( as they will auoyd his heauie indignation ) to forbeare to be aiding or receiuing of any pirats , or such persons as shall continue in any such warlike seruice , as aforesaid , or any person not being a knowen merchant , by contracting , buying , selling , or by victualling of them , or any of their company , vpon paine for so doing , to be punished presently , as the principall offendors and pirats ought to be . item , that no shipping , or men of warre , of what estate or condition soeuer , going forth with commission of reprisall , or in any other warlike maner to serue at seas , shall be permitted in any of his maiesties ports , or in the members thereof to victual or relieue themselues with any warlike prouisions , thereby to enable themselues the better , to any acts of hostilitie at sea against any of his maiesties friends : but onely in their returne homewards , if they happen to come into any of his maiesties ports , that then it shall be lawfull for them to relieue themselues with victuall , or other necessaries to serue them onely for the space of twentie dayes and no more , which is a proportion reasonable to vse in trade of merchandize . item , that all vice admirals , customers , or other officers of the ports shall not suffer any ship of his maiesties subiects to goe to the seas , before such time as they ( respectiuely in their seuerall ports ) haue duely searched and visited the same , to the intent to stay such persons as apparantly shall be furnished for the warres , and not for merchandise or fishing . and if there shall be any maner of suspition , that the said person ( though he shall pretend to trade for merchandise or fishing ) hath or may haue any other intent by his prouisions or furniture , then to vse the trade of merchandise or fishing , that in such case of suspition , the officers of the ports shall stay , and no wayes suffer the same to passe to the seas , without good bands with sufficient sureties first had , to vse nothing , but the lawfull trade of merchandise or fishing . and if the said officers shall suffer any persons otherwise to repaire to the seas , then aboue is mentioned , they shall not onely answere for any pyracies , which any such person shall chance hereafter to commit vpon the seas , but shall suffer imprisonment vntill the offenders may be apprehended , if they shall be liuing . and further , as his maiestie declareth and denounceth generally all such pyrates and rouers vpon the seas to be out of his protection , and therefore to be lawfully pursued and punished to the vttermost extremitie : so because his maiestie presumeth , that all other states and persons in peace and friendship with him , will thinke it iust and honourable to proceede towardes him , with the same sinceritie , which hee obserueth towards them : his maiestie doeth also hereby notifie to the world , that where it falleth out that diuers of his subiects are or may bee enterteyned to serue at sea vnder captaines and commaunders belonging to some forreine prince or state , ( which are now or may be in termes of hostility with any of his maiesties friends ) thereby imagining , when they shal ( vpon occasion ) enter with their shippes into any of his maiesties harboroughs , that they shall be free from any interruption , according to the libertie of common amity and correspondency which is vsually obserued betweene princes in such cases , onely because the commaunder or captaine with some few persons besides are straungers , and the rest onely discouered to be his maiesties subiects : for as much as his maiestie ( hauing made his iust and equall intentions thus apparant to all men by his publike proclamations ) would be loath to frustrate the expectation of any his friends whome it doth or may concerne : he doth hereby declare to all the world , that if hee shall hereafter finde any such fraudulent course taken , in hope colourably to auoid the true construction of his so iust and necessarie ordinances , the breach wherof giues cause of further trouble and iealousies to arise betweene his maiestie and other princes in the mutuall exercise of their subiects free trade and entercourse : he will make absolute stay of any such shippes and persons , which shal be so brought into his portes or harboroughs , as persons and thinges wholly exempted from that protection and fauour , which hee entendeth to maintaine and affoord to all others which shall not in such kinde goe about to abuse his maiesties integritie , whose desire is to receiue no better measure in any thing , then he is willing to yeeld to others vpon the like occasions . giuen at our castle of windsor the viij . of iuly 1605. in the third yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. 1605. by the king, a proclamation concerning ale-houses england and wales. sovereign (1603-1625 : james i) 1618 approx. 12 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22174 stc 8588 estc s1563 20213609 ocm 20213609 23829 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22174) transcribed from: (early english books online ; image set 23829) images scanned from microfilm: (early english books, 1475-1640 ; 1709:18) by the king, a proclamation concerning ale-houses england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. [3] p. by bonham norton and iohn bill ..., imprinted at london : m. dc. xviii [1618] caption title. "giuen at newmarket the nineteenth day of ianuary in the sixteenth yeere of our raigne ..." imprint from colophon. includes "articles of direction, touching ale-houses." reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hotels -law and legislation -england. bars (drinking establishments) -law and legislation -england. taverns (inns) -law and legislation -england. proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 aptara keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation concerning ale-houses . whereas for the suppressing of the great disorders daylie vsed in ale-houses and uictual-houses , many good and wholesome lawes and orders haue beene deuised , which haue not taken such effect as wee desired , because the same haue not beene so duely executed as they ought to be . wee haue therefore appointed certaine patentees to take knowledge thereof , and to compell the ale-house-keepers licensed , to keepe good orders , by pressing them vpon the penalties of their recognizances , taken to our vse ; in the proceeding wherein wee are also informed that the recognizances taken for that purpose , in most counties of our realme ( being the onely tye wee haue vpon that lawlesse kinde of people ) are either altogether defectiue , or not duelie certified , so that these vnruly persons still remaine at libertie : and that there are diuers of them that take authoritie to themselues to keepe ale-houses , as though they were licensed , and yet are not : both which sorts wee are desirous to drawe into better order , and to that purpose wee haue caused certaine articles of direction ( bearing the date hereof ) to bee published , which hereby wee streitly will and commaund to bee executed by such as the same shall any wayes concerne , and as they will giue an accompt vnto us when wee shall require it . and because wee would not haue our subiects that dwell in parts remote from our city of london to bee ouertrauelled hereabout , and all to bee drawne hither to our sayd citie : wee haue giuen order to the pattentees , taking the allowance of our chiefe iustice of the kings bench , to appoint committees from time to time , such as shal bee knowne to bee of experience and integrity to prosecute in those more remote counties , such forfeitures as shall growe due vnto us by the sayd recognizances . giuen at newmarket the nineteenth day of ianuary in the sixteenth yeere of our raigne of great brittaine , france and ireland : anno dom. 1618. ¶ by the king. ¶ articles of direction , touching ale-houses . first , that the iustices of peace of euery county , citie , or towne corporate within this kingdome , and the dominion of wales , doe once euery yeere in the moneths of april and may , assemble themselues , either at a speciall sessions , or such other meeting as they shall appoint for that purpose ( respecting the ease and conueniencie of the people of the countrey ) and there call before them or any two of them ( whereof one to be of the quorum ) all such persons as doe sell ale or beere by retayle in any place ( aswell within libertie as without ) within such county , citie , or towne corporate ▪ and then and there taking true certificate , and information from men of trust ; who be persons of honest conuersation , and who not . and to giue licence to such persons , as they in their discretions shall thinke meet , to keepe common ale-houses , or uictualling-houses , within the places where such persons dwell . that in the licensing of the sayd uictualers , and ale-house-keepers the forme of the recognizance , hereafter following , and the condition thereunto annexed be vsed and none other . memorandum , quod anno regni dom. nostri iacobi , dei gratia regis angliae , franciae , & hiberniae fidei defensor . &c. & scotiae coram iusticiarijs dicti dom. regis ad pacem in comitat. praedict . conseruand . &c. manuceperunt pro victular . viz. vterque manucaptor . praedict . sub poena quinque librar . & praedict . assumpsit pro seipso sub poena x. li. quas concesserunt , &c. sub conditione sequent . the condition of this recognizance is such , that whereas the aboue bounden is admitted and allowed by the said iustices to keepe a common ale-house , and victualling-house , vntill the first of april next ensuing the date hereof , and no longer , in the house wherein hee now dwelleth , at in the sayd county of and not elsewhere in the sayd county . if therefore the sayd shall not , during the time aforesayd , permit or suffer , or haue any playing at dice , cardes , tables , quoits , loggets , bowles , or any other vnlawfull game or games in his house , yard , garden , or backside ; nor shall suffer to bee or remaine in his house any person or persons ( not being his ordinary houshold seruant ) vpon any sabbath day , or holy day , during the time of diuine seruice or sermon : nor shall suffer any person to lodge or stay in his house aboue one day and one night , but such whose true name and surname he shall deliuer to some one of the constables , or in his absence to some of the officers of the same parish the next day following , vnlesse they be such person or persons as hee or shee very well knoweth , and will answere for his or their forth-comming ▪ nor suffer any person to remaine in his or her house , tipling or drinking , contrary to the law ; nor yet to be there tipling or drinking after nine of the clocke in the night time , nor buy or take to pawne any stollen goods ; nor willingly harbour in his sayd house , or in his barnes , stables or other-where , any rogues , vagabonds , sturdy beggers , masterlesse men , or other notorious offendors whatsoeuer : nor suffer any person or persons to sell or vtter any beere or ale , or other victuall by deputation , or by colour of his or her license . and also if he shall keepe the true assise and measure in his pots , bread , and otherwise , in his vttering of his ale , beere and bread ; and the same beere and ale to sell by scaled measure , and according to the assise , and not otherwise . and shall not vtter or sell any strong beere or strong ale aboue the peny the quart , and small beere or small ale aboue a halfe-peny the quart , and so after the same rates . and also shall not vtter nor willingly suffer to be vttered , drunke , taken , and tipled any tobacco within his said house , shop , cellar , or other place thereunto belonging , that then , &c. that euery alehouse-keeper and uictualler so to be licensed , doe enter into recognizance with two able sureties to be bound in fiue pounds a peece , & the principall ten pound at the least for the performance of the condition of the said recognizance , which shall endure but for one whole yeare , and then to determine , vnlesse it shall seeme fit to the iustices of peace to renew ●he same againe by taking a new recognizance of the same condition : and whatsoeuer date the recognizance shall haue , it is to indure but vntill the said monthes of aprill and may , or one of them . that the clerkes of the peace , towne clerkes , or their deputies respectiuely bee called to attend the iustices of peace at such their meetings or assemblies , and that they doe there take the recognizances aforesaid of euery uictualler or alehouse-keeper licensed , and doe duely enter them amongst the records of the sessions of the peace in their charge , whereby his maiestie may bee duely answered of the forfeitures that shal be made of the parties so bound . that the clerkes of the peace and towne-clerkes aforesaid , or their deputies shall within some conuenient time after the taking of the said recognizances , faire engrosse the recognizance and condition in parchment , which they shall keepe as the originall , and send a true copie of the said recognizance examined with the said originall , to euery alehouse-keeper allowed , whereby he may the better enforme himselfe what he and his sureties are bound to obserue . that the clerkes of the peace , and towne-clerkes or their deputies doe write out and bring with them to euery sessions of the peace , or other meeting of the iustices , a register booke conteyning the true names , surnames and places where euery alehouse-keeper or uictualler that is licensed doth dwell , to the end it may appeare to the iustices of the peace who be licensed , and by whom , and who be not , and what other alterations haue beene from time to time for the placing of men of honest and good conuersation , and displacing others of ill behauiour . that the clerkes of the peace and towne clerkes , and their deputies may take of euery alehouse-keeper for their fee , for performing of the seruices aforesaid at the time of the acknowledgement of the said recognizances , the fee of eighteene pence and no more , ouer and aboue the fee of twelue pence allowed for the iustices clerkes by the statute , which shal be paide to the said iustices clerkes . that in case the alehouse-keeper not knowing of the iustices meeting , or being hindred by sicknesse or other such like impediment shall faile of admittance at the generall or publike assemblies , and shall notwithstanding bee admitted or licensed by two iustices of the peace ( whereof one to be of the quorum ) the recognizance with condition faire engrossed in parchment in the forme prescribed as aforesaid shall forthwith or at the next sessions at the furthest be returned to the clerkes of the peace , or the towne-clerkes respectiuely vnder the hands of the iustices , before whom such recognizance was taken , together also with the said fee of eighteene pence for the entring , registring , making and deliuering of a copie vnder his hand to the alehouse-keeper as aforesaid . that none be licensed or allowed to keepe an alehouse that hath not one conuenient lodging at least in his or their houses , for the lodging of any passenger or traueller , and to haue alwaies in her or their houses good and wholesome small beere or ale of two quarts for a peny , for the reliefe of the laborer , trauailer or others that call for the same . that the iustices of peace within their seuerall precincts , doe not permit or suffer any vnlicensed alehouse-keeper , or uictualer , to sell beere or ale , but that they proceed against them , by all due and lawfull meanes whatsoeuer : and that they be very carefull , from time to time , to cause the brewers to be proceeded against , in their generall and quarter sessions , for deliuering beere , or ale , to such vnlicenced persons , according to the statute in that case prouided . that the clerkes of the peace , and towne-clerkes respectiuely doe once euery yeere , in trinitie terme , make and bring in a briefe , of all such recognizances , as shall be taken within euery county , citie , and towne corporate , into the office of the patentees ( appointed by them for that purpose ) to the end all concealements of recognizances , taken in that behalfe , may be discouered ; and the benefit accruing vnto his maiestie , by such as wilfully breake the same , may bee more duely prosecuted : of which , that his highnesse be not defrauded , order is giuen to the patentees that with the allowance of the chiefe iustice of the kings bench , there be appointed committees in euery countie , for the recouerie thereof , from time to time . that the iustices of assise in their circuits , and iustices of peace , at their generall sessions of the peace , doe from time to time , enquire of the due execution of these presents , and of all other abuses , disorders , and misdemeanors whatsoeuer , committed , or suffered , against the prouisions aforesaid , and the true meaning of them . giuen at newmarket the ninteenth day of ianuary , in the sixteenth yeere of our reigne of great brittaine , france and ireland . 1618. god saue the king. ❧ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . anno. m.dc.xviii . by the king, a proclamation for reforming the abuses in making of gold and siluer threed within this realme and for the inhibiting the importation thereof, from the parts beyond the seas. england and wales. sovereign (1603-1625 : james i) 1617 approx. 13 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22153 stc 8564 estc s1560 20213512 ocm 20213512 23826 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22153) transcribed from: (early english books online ; image set 23826) images scanned from microfilm: (early english books, 1475-1640 ; 1709:17) by the king, a proclamation for reforming the abuses in making of gold and siluer threed within this realme and for the inhibiting the importation thereof, from the parts beyond the seas. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 3, [1] p. by bonham norton and iohn bill, deputies and assignes of robert barker ..., imprinted at london : m. dc. xvii [1617] caption title. "giuen at white-hall the two and twentieth day of march, in the fifteenth yeere of our reigne ..."--p. [4]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng precious metals -law and legislation -great britain. proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 apex covantage keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ¶ by the king. ❧ a proclamation for reforming the abuses in making of gold and siluer threed within this realme , and for the inhibiting the importation thereof , from the parts beyond the seas . iames by the grace of god , king of england , scotland , france , and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . where wee haue alwayes helde it one of the most necessary cares and considerations , incident to the state and office of kings and soueraigne princes , so to dispose of their people and gouernement , as the knowledge and vse of good and profitable arts and inuentions , may become common and frequent among their people , the same being one of the greatest meanes to increase and preserue the wealth and strength of state and people ; considering that labour and industry well imployed , maketh kingdomes great and flourishing . and forasmuch as some of our good and louing subiects of our realme of england haue of late , to their great charge , brought into this our kingdome , and haue herein by their great industry erected and perfectly established the arte and mysterie of making gold and siluer threed , a feate or manifacture , formerly vsed or made in forraine parts beyond the seas , and by strangers and others from thence transported and brought , as a commoditie of great vse , into this our kingdome of england , wherein they haue so well and commendably proceeded , as that they are now able to make sufficient store of gold and siluer threed , to serue for the vse and expence of our whole kingdome . and whereas , a matter of so great consequence , and wherein so many of our people should be interessed , both in the making and vse therof , may well be iudged more fit for us to take into our hands , then to leaue the same to the power and dispose of priuate men ; and aswell to preuent the abuses which may bee offered to us and our subiects , by the counterfeiting of the said gold and siluer threed , as likewise for the preseruation of bullion within this our kingdome , wee haue caused this our whole worke to be taken into our possession , for the generall good and benefit of our people and louing subiects , and haue also prouided and taken sufficient order that our louing subiects in all parts , shall not at any time want conuenient quantitie of the said gold and siluer threed for their vse , but shal also be serued of it at reasonable prises : and that such as are skilfull in the working and spinning thereof , shall be imployed therein , if they faithfully and honestly performe the same , and at such rates and wages , as they whom wee specially shall licence thereunto shall thinke meete and conuenient : which care and good intention of us , hath of late beene greatly interrupted and opposed , not onely by the bringing into our said kingdomes and dominious great quantities of gold and siluer threed , from diuers parts beyond the seas , but also by the priuate working and making thereof in corners , by diuers strangers and others , contrary to our patent of priuiledge heretofore granted ; the same being no knowne nor continued trade within these our realmes ; howsoeuer diuers of the goldsmiths of london haue lately presumed and attempted to make the same parcell of their trade , by reason onely of some few experiments heretofore by them and others made , and by fittes onely , and for very small quantities of gold and siluer threed , whereby this so excellent an inuention thus brought into this our kingdome , is likely to be vtterly ouerthrowen , and our subiects much wronged by counterfeit and base gold and siluer threed , made and sold by the vnderhand workers , if the same by our care should not be prouided for , and speedily preuented : and albeit that by meanes of the gold and siluer threed , made and to be made within our said realmes , wee should receiue great hinderance in our customes and other dueties , formerly paide vnto us and our predecessors , kings and queenes of this realme of england , for and vpon that commodity imported , for which neuerthelesse wee haue taken order as farre as is conuenient : yet wee that in all our actions and proceedings haue our eye of grace rather vpon the flourishing estate of our kingdomes , and the comfort of our people , then vpon our profit , haue resolued to prefer the estate & good of our kingdom , before the precise cōsideration of our own benefit , rather then to interrupt or ouerthrow so excellent a worke , and effect of our care and princely pollicie for the welfafe of our subiects . these are therefore to require and command all and singular person and persons whatsoeuer , as well our naturall borne subiects as denizens , or strangers , that none of them , nor any other person or persons whatsoeuer , ( other then such as wee shall giue speciall licence thereunto ; and such as they shall set on worke ) doe at any time or times hereafter attempt or presume to make any gold or siluer threed , or copper gold and siluer threed within our said realmes and dominions , vpon paine of forfeiture of all and euery quantitie and quantities , parcell or parcels of such gold and siluer threed , and copper gold and siluer threed , so made in our said realmes and dominions contrary to this our present commandement , and also vpon paine of our high indignation and displeasure , and such further paines , penalties , and punishments , as for the contempt of our commandement royall in this behalfe , may any way bee inflicted vpon them or any of them so offending , contrary to the true intent and meaning herein signified . and whereas by a statute made in the fourth yeere of the late king henry the seuenth , it was ordained and enacted , that no finer of gold and siluer , nor parter of the same by fire or water , from thenceforth should alay no fine siluer nor gold , nor none sell in any otherwise , nor to any person or persons , but only to officers of mints , changes , & goldsmithes within this realme , for the augmentation and amendment of coine and plate ; nor sell to no person any maner of siluer , molten and alaied , vpon pain of forfeiture of the same , or the value of the gold or siluer so alayed or sould . and that no goldsmith within this realme should melt or alay any fine siluer , to , or for any workes of other intent , but onely for making of amels , or for amending of plate , nor that they should sell no fine siluer , nor other siluer alayed , molten into masse to any person or persons whatsoeuer they bee , nor one goldsmith to another , vpon paine of forfeiture of the same siluer , or value thereof . wee therefore for the better execution of our said will and pleasure , and preseruation of our bullion within this our kingdome , do further straitly charge & command , that no goldsmith or goldsmithes , finer or finers , parter or parters of gold and siluer within our said dominions , shall for their vse or benefit , vses or benefittes , fine , part , or cause to bee fined or parted any gold or siluer , or prouide or cause to bee prouided any gold or siluer , and the same vtter and sell or otherwise dispose to any person or persons whatsoeuer , whereby to make or cause to be made the said gold and siluer threed , except to such person and persons , as we shall license to make the same to our vse ; and that the said goldsmith or goldsmithes , finer or finers , parter or parters or any of them , or any for them or to their vse or vses , shall not prouide , vtter , sell , or deliuer any gold or siluer at all to any person or persons whatsoeuer , without taking speciall notice of the names and habitations of such person and persons , as shall buy , receaue , or haue any such gold or siluer of them , to the end it may appeare to us , to what vse and vses the same gold and siluer shall bee imployed , vpon paine of forfeiture of all such gold and siluer , and of vndergoing our high indignation and displeasure , with such further paines and punishments , as for the same their defaults , may any wayes bee inflicted vpon them and euery of them , in this behalfe offending . and we doe further straitly charge and command all and singuler person and persons whatsoeuer , within our said realmes and dominions , that they nor any of them do , or shal at any time or times hereafter make , erect , set vp , mend , or vse any frame , engine , instrument , mill or toole whatsoeuer , for the drawing , flatting , milling and spinning of gold and siluer threed , or of copper gold and siluer threed , or for the drawing or flatting , of wyer to the ende to make the same , without the lycence of us , or such as we in that behalfe shal specially appoint , vpon the paines & penalties before expressed : nor that any person or persons whatsoeuer shall prouid or sell , or cause to bee prouided , or sould any silke to be throwen or made fitting for the making or spinning of gold or siluer threed , or of copper gold and siluer threed , except to such person and persons as we shal license to make the same to our vse , vpon the like pains and penalties before mentioned . and that no person or persons whatsoeuer after the twentieth day of april next comming , shall attempt or presume to bring in , or cause to be brought into our said realmes , and dominions thereof , or to any of the ports , hauens , creeks , or places of any of them , any gold or siluer threed , or any copper gold and siluer threed , made or to be made in any forreine place or places whatsoeuer , vpon paine of forfeiture of all such gold and siluer threed , and of all such copper gold and siluer threed , so brought in , or caused to bee brought into any of our sayd dominions , contrary to our said commandement . all which said gold and siluer threed , and copper gold and siluer threed , brought in and forfeited as aforesayd , our will and pleasure is that such person or persons as shall make seizure of the same , shall forthwith bring and conuey the same to the storehouse , within our custome-house , in our city of london . and after such person and persons shall haue made such seizure , of such forfeited gold and siluer threed , and copper gold and siluer threed , and brought the same to our custome-house as aforesaid , then our will and pleasure is that hee or they after due appraisement thereof , by the sworne praisers for such purposes , shall receiue the moitie of the value of such gold and siluer threed , and copper gold and siluer threed , so seized and brought in , as aforesayd , vpon paine of imprisonment , and such other punishment as shall be fitt to be inflicted for the breach of this our royall commandement . and our further wil and pleasure is that no person or persons whatsoeuer , after the twentieth day of aprill next comming , shall buy , receiue , vtter or sell any gold or siluer threed , or copper gold or siluer threed , made in the parts beyond the seas , or made or to be made within any of our sayd dominions , but onely such gold and siluer threed , and copper gold and siluer threed , as shal be first sealed with our seale , already appointed for that vse , by such person or persons as shal be by us in that behalfe , especially nominated or appointed . and wee doe hereby further charge and command all customers and collectors of our customes , comptrolers , farmers and their deputies , that after the twentieth day of aprill next , they take no entrie , nor receiue any custome or subsidy of any gold and siluer threed , or for copper gold or siluer threed , to bee imported from the parts beyond the seas into this our realme of england , or the dominions thereof : and for the better execution of this our present will and commandement , wee doe straitly charge and command all iustices of peace , maiors , bayliffes , sheriffes , constables , headborowes , tithingmen , and all other our officers , ministers and louing subiects , to whom it shall or may appertaine , from time to time , to bee aiding and assisting to all such person and persons as wee shall lawfully , from time to time authorize , for the searching , seazing , taking , or carrying away of all such gold or siluer threed , and copper gold and siluer threed , imported , wrought , or made , within this our realme and dominions , contrary to our pleasure herein expressed . giuen at white-hall the two and twentieth day of march , in the fifteenth yeere of our reigne of england , france , and ireland , and of scotland the one and fiftieth . s ❧ god saue the king. ¶ imprinted at london by bonham norton and iohn bill , deputies and assignes of robert barker , printer to the kings most excellent maiestie . anno m. dc . xvii . by the king. a proclamation for restraint of the disordered trading for tobacco proclamations. 1620-06-29 england and wales. sovereign (1603-1625 : james i) 1620 approx. 10 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22230 stc 8637 estc s100957 99836784 99836784 1071 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22230) transcribed from: (early english books online ; image set 1071) images scanned from microfilm: (early english books, 1475-1640 ; 1686:58) by the king. a proclamation for restraint of the disordered trading for tobacco proclamations. 1620-06-29 england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. [2] sheets by robert barker, and iohn bill, printers to the kings most excellent maiestie, [imprinted at london : anno dom. m.dc.xx. [1620]] caption title. dated at end: greenwich the nine and twentieth day of iune, in the eighteenth yeere of our reigne .. imprint from colophon. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco -commerce -great britain -law and legislation. 2003-10 tcp assigned for keying and markup 2003-10 spi global keyed and coded from proquest page images 2004-01 judith siefring sampled and proofread 2004-01 judith siefring text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion ¶ by the king. ¶ a proclamation for restraint of the disordered trading for tobacco . whereas wee , out of the dislike wee had of the vse of tobacco , tending to a generall and new corruption both of mens bodies and maners , and yet neuerthelesse holding it of the two more tolerable , that the same should be imported amongst many other vanities and superfluities , which came from beyond the seas , then permitted to be planted here within this realme , thereby to abuse and misimploy the soile of this fruitfull kingdome , did by our proclamation dated the thirtieth day of december now last past straitly charge and commaund all and euery person and persons , of what degree or condition soeuer , that they or any of them by themselues , their seruants , workemen or labourers , should not from and after the second day of february then next following , presume to sow , set or plant , or cause to be sowen , set or planted within this our realme of england and the dominion of wales , any sort or kinde of tobacco whatsoeuer , and that they , or any of them , should not maintaine or continue any olde stockes or plants of tobacco formerly sowen or planted , but should forthwith vtterly destroy and root vp the same . and whereas we haue taken into our royall consideration aswell the great waste and consumption of the wealth of our kingdomes , as the endangering & impairing the health of our subiects , by the inordinate libertie and abuse of tobacco , being a weede of no necessary vse , and but of late yeeres brought into our dominions , and being credibly informed , that diuers tobacconists , and other meane persons taking vpon them to trade and aduenture into the parts beyond the seas for tobacco , to the intent to forestall and engrosse the said commoditie , vpon vnmerchantlike conditions , doe transport much gold bullion and coyne out of our kingdomes , and doe barter and vent the staple commodities of our realme at vnder-values , to the intent to buy tobacco , to the discredit of our natiue merchandizes , and extreame enhansing of the rates and prices of tobacco , and the great disturbance and decay of the trade of the orderly and good merchant : we taking the premisses into our princely consideration , and being desirous to put a remedie to the said inconueniences , which wee haue long endeauoured , though with lesse effect then wee expected , haue resolued to make some further redresse , by restraining the disordered traffique in that commoditie , and reducing it into the hands of able persons that may manage the same without inconuenience , whereby the generall abuse may be taken away , and the necessary vse ( if any be ) may be preserued . we doe therefore not only by these presents , straitly charge and commaund , that our said proclamation restraining the planting of tobacco , be in euery respect obserued and performed according to the tenour thereof , vpon the penalties therein contained ; but also that no person or persons whatsoeuer , englishmen , denizens or strangers , ( other then such as shall be authorized and appointed thereunto by letters patents vnder our great seale of england ) doe import or cause to be imported into this our realme of england or dominion of wales , or any part of them or either of them , any tobacco , of what nature , kind , or sort soeuer , after the tenth day of iuly next ensuing the date hereof , from any the parts beyond the seas , vpon paine of forfeiture to us of all such tobacco so to be imported contrary to the true meaning of these presents , and vpon such further paines and penalties as by the lawes and statutes of this realme , or by the seueritie or censure of our court of starrechamber may be inflicted vpon the offendors , for contempt of this our royall command . and likewise that no master , merchant , or purser of any ship or other uessell , doe at any time or times after the said tenth day of iuly , presume or attempt to take into their ships to be imported into this realme and dominion , or either of them , any sort , maner , or quantity of tobacco whatsoeuer , but onely to the vse of such person and persons as shal be so as aforesaid authorized and appointed vnder our great seale of england to import the same , & which shal be by them , their deputies , seruants or factors deliuered to the said masters , merchants or pursers of ships to be imported , vpon the paines and penalties aforesaid . and to the intent that no such offendor may colour or hide his offence and contempt , by shadowing the tobacco to be brought in , contrary to our pleasure before expressed , vnder pretence of former store , we doe hereby signifie and declare our will and pleasure , and doe straitly charge and command , that all and euery person and persons which now haue , or hereafter shall haue within or neere the cities of london or westminster , in their hands , custody or possession , any tobacco heretofore imported , or hereafter and before the said tenth day of iuly now next ensuing to be imported into this realme , amounting to the quantitie of ten pounds weight or aboue , shall before the said tenth day of iuly now next comming , bring the same vnto the house commonly called , the hawke and feasant , situate in cornehill in the said citie of london , and shall cause the same to be there sealed and marked by such person and persons , and with such marke or seale as by us shal be for that purpose assigned and appointed , without giuing any fee or allowance for the said seale or marke . and to the intent that the tobacco to be hereafter imported by warrant or authoritie vnder our great seale , may be knowen and distinguished from such as shall be secretly and without warrant brought in by stealth , we doe likewise charge and command , that all such tobacco as from and after the said tenth day of iuly shall be imported by force of any such warrant or authoritie and none other , except the olde store aforesaid to be sealed as aforesaid , shall be sealed and marked with such seale and marke as aforesaid . and we doe hereby prohibite all person and persons from and after the said tenth day of iuly , to buy , vtter , sell or vent within the said kingdome and dominion , or either of them , any roll or other grosse quantitie of tobacco whatsoeuer , before the same be so as aforesaid marked or sealed , vpon paine of forfeiture vnto us of all such tobacco so bought , vttered , solde or vented contrary to the intent of these presents , and vpon such further penalties as by our lawes , or by the censure of our court of starrechamber may be inflicted vpon the offenders , as contemners of our royall command . and for the better execution of this our pleasure , wee doe hereby command all and singular customers , comptrollers , searchers , waiters , and other officers attending in all and euery the ports , creekes , or places of lading or vnlading , for the taking , collecting , or receiuing of any our customes , subsidies or other duties , to take notice of this our pleasure ; and we do hereby command , and giue power and authority vnto them , and euery or any of them , from time to time , as well to search any ship or other uessell or bottome , riding or lying within any port , hauen or creeke within their seuerall charge and place of attendance , for all tobacco imported contrary to the intent of this our proclamation , and the same being found , to seize and take to our vse , as also to take notice of the names , and apprehend the bringers in , and buyers of the same , to the end they may receiue condigne punishment for their offences , vpon paine that euery of the said officers which shal be found negligent , remisse or corrupt therein , shall lose his place and entertainment , and vndergoe such paines and penalties as by our lawes , or the censure of our said court of starrechamber may be inflicted vpon them for the same . and likewise we doe hereby will , ordaine and appoint , that it shal and may be lawfull to and for such person and persons , as shal be so as aforesaid authorized and appointed by letters patents vnder our great seale , to import tobacco by himselfe or themselues , or his or their deputie or deputies , with a lawfull officer to enter into any suspected places at lawfull and conuenient times , and there search , discouer and finde out any tobacco imported , vttered , solde or vented , not marked or sealed as aforesaid , contrary to the true meaning hereof , and all such tobacco so found , to seize , take away and dispose of , and the owners thereof , or in whose custody the same shal be found , to informe and complaine of , to the end they may receiue punishment according to our pleasure before herein declared . and further we doe by these presents will and require all and singular mayors , sheriffes , iustices of peace , bayliffes , constables , headboroughes , customers , comptrollers , searchers , waiters , and all other our officers and ministers whatsoeuer , that they and euery of them in their seuerall places and offices be diligent and attendant in the execution of this our proclamation , and also aiding and assisting vnto such person and persons , and his and their deputies and assignes as we shall so as aforesaid authorize and appoint to import tobacco , aswell in any search for discouery of any acte or actes to be performed contrary to the intent of these presents , as otherwise in the doing or executing of any matter or thing forthe accomplishment of this our royall command . and lastly our will and pleasure is , and wee doe hereby charge and command our atturney generall for the time being , to informe against such persons in our court of starrechamber from time to time , whose contempt and disobedience against this our royall command shall merit the censure of that court. giuen at our manour of greenwich the nine and twentieth day of iune , in the eighteenth yeere of our reigne of england , france and ireland , and of scotland the three and fiftieth . god saue the king. ❧ imprinted at london by robert barker , and iohn bill , printers to the kings most excellent maiestie . anno dom. m.dc.xx . by the king a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of virginia and the summer islands, or one of them. england and wales. sovereign (1603-1625 : james i) 1625 approx. 20 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a22340 stc 8751 estc s122820 33150623 ocm 33150623 28677 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22340) transcribed from: (early english books online ; image set 28677) images scanned from microfilm: (early english books, 1475-1640 ; 1876:19) by the king a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of virginia and the summer islands, or one of them. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 4 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxiii [1624, i.e. 1625] caption title. imprint from colophon. forbidding importation except from bermuda and virginia, and naming agents to enforce the monopoly. "giuen at our court at theobalds, the second day of march, in the two and twentieth yeere of our reigne of great britaine, france, and ireland. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco industry -virginia. tobacco industry -bermuda islands. monopolies -great britain -early works to 1800. great britain -colonies -commerce. great britain -history -james i, 1603-1625. 2003-10 tcp assigned for keying and markup 2003-10 spi global keyed and coded from proquest page images 2003-12 jonathan blaney sampled and proofread 2003-12 jonathan blaney text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion ❧ by the king. ¶ a proclamation for the vtter prohibiting the importation and vse of all tobacco , which is not of the proper growth of the colonies of virginia and the summer islands , or one of them . whereas , at the humble suite of our commons in parliament , by our royall proclamation , bearing date the nine and twentieth day of september now last past , for the reasons therein contained , we haue prohibited the importation and vse of all tobacco , which is not of the proper growth of our colonies of virginia and the summer islands , or one of them ; and whereas , vpon the humble petition of many our louing subiects ▪ being planters or aduenturers in those colonies , and for the support and incouragement of those plantations ( whose prosperous estate we much affect , and shall by all good meanes be alwayes ready to cherish and protect ) we haue beene contented to tolerate the vse of tobacco , of the growth of those plantations for a time , vntill by more solid commodities they be able to subsist otherwise , which ( as we are informed ) they cannot as yet by any meanes doe ; and therefore by our said proclamation , wee did thinke fit to giue particular directions in many things tending to those ends , and did straitly command the due execution and obseruation thereof , vnder the penalties therein contained : now because wee haue beene informed , aswell by the humble certificate of our commissioners for virginia , as by the humble petition of diuers of our louing subiects , the planters and aduenturers of , and in those colonies , that , notwithstanding our royall pleasure was so expressely signified . and the reasons of state are so plainely laid downe , as might haue perswaded euery well affected subiect to the due obseruance thereof ; yet diuers , out of an inordinate desire of priuate gaine , haue wilfully disobeyed our commandement herein , and thereby haue indeauoured , as much as in them lieth , to destroy so noble a worke as the support of those plantations , which so much concernes our honour , and the honour and profit of our people . wee therefore , being very sensible of this neglect and contempt , haue thought good to renew our said proclamation ; and doe hereby signifie and declare vnto all our louing subiects , and vnto all others , our expresse will and pleasure to be , that our said former proclamation , and euery clause , prohibition , article and thing therein contained , shall from hencefoorth be duly obserued and obeyed , with such alterations and additions , as are in these presents contained and expressed , vpon paine of our high displeasure , and such penalties and punishments , as in our said former proclamation are , or in these presents shall be limited or appointed for the offenders thereof . and whereas some haue since our said last proclamation , vnmerchantlike , secretly and cunningly stollen in great parcels of tobacco , contrary to our said proclamation ; wee would haue those persons , and all others by their example know , that they must expect the seueritie of that censure , which our court of starre-chamber shall thinke fit to inflict vpon them , and that wee are resolued not to relent or remit their deserued punishment , but to cause them and all others , that shall dare to offend herein , to bee prosecuted and punished in such measure , as such their high contempt doth deserue . and because we conceiued it would be vtterly in vaine to prohibite the importation of such forreine tobacco , as aforesaid , vnlesse the care and ch●rge of the execution thereof were committed by us , to some fit and able persons , who besides the respect to our seruice , might for their owne particular interests take the same to heart ; therefore we haue by our letters patents vnder our great seale of england , authorized certaine persons , citizens of london , well affected to those plantations , an our seruice , by themselues , and their deputies , to search and inquire into the offences , and offenders against our said proclamation : and wee haue also contracted with them to bee our agents for us , and to our vse to receiue the tobacco of those colonies , at , and for such prices as wee haue agreed to giue for the same ; and besides those prices , to bee giuen to the planters and owners of the said tobacco , our said agents haue further contracted with us , to giue and pay vnto us , and to our vse , such summes of money more , as may giue us reasonable satisfaction for that losse , which otherwise wee should sustaine in our customes and other dueties , and may inable us to beare that charge , which wee haue vndertaken yeerely to disburse for the generall defence and support of those plantations . and we doe further by this our proclamation publish and declare , that we will constantly and inuiolably obserue and performe our said contract , and on our parts , will allow and disburse out of our reuenew , those summes of money for the safety of those plantations , and for the ease of the planters and inhabitants there , which by the said contract hath beene on our parts vndertaken ; whereof we would haue , aswell our said agents , as the planters and aduenturers in those colonies , and all other whom it may concerne , to rest confidently assured . and because wee are giuen to vnderstand , that diuers vsing to trade in tobacco , and hauing a purpose to import , or buy , or sell the same , contrary to the intent of this our proclamation , doe vsually land the same at priuate wharffes , staires , or other places , and send , or conueigh the same vnto the houses , cellers , warehouses , or other places , of , or belonging to others , who are lesse suspected then themselues , thereby to conceale the same from us , and our agents ; wee further will and command , that from hencefoorth no person whatsoeuer , presume , or suffer the said prohibited tobacco to bee landed at any wharffe , staire , or other place , nor receiue , or conceale any such prohibited tobacco , or suffer the same to be bestowed in any of their houses , cellers , warehouses , or other places , vpon paine of our high displeasure , and vpon such paines and penalties , as by this , or our former proclamation , are to be inflicted vpon the principall offenders . and to the intent that all the prohibited tobacco brought in , shal be iustly and truely exported againe , & no part therof sold , or vented within these our kingdomes ; our will and command is , that all the prohibited tobacco which shall be seized within our kingdome of england , shall be brought and deliuered into the ware-house , or storehouse which shall be to that purpose prouided by the said agents , in our city of london ; and all the prohibited tobacco , which shall be seized within our kingdome of ireland , shall bee brought and deliuered into the warehouses , or storehouses which shall to that purpose bee appointed by our agents in our city of dublin , or elsewhere within our said kingdome of ireland . and for the incouragement of those , who shall take paines in the discouery and seizing thereof , our will and pleasure is , that the one halfe of the reasonable value thereof , shall bee paid vnto the seizers thereof in money by our agents , & the tobacco it selfe shall be exported againe by our said agents , or by their appointments : and for the better execution of our seruice herein , we doe hereby giue full power and authority , as well to our agent and agents , as to their deputy and deputies , at all time and times , to enter into , and to search for any prohibited tobacco , contrary to this our proclamation , in any ship , boate , or vessell , or in any house , shop , celler , soller , warehouse , or in any trunke , chest , case , barrell , or pack , cabbin , or any other suspected place whatsoeuer , and finding any such prohibited tobacco , the same to seize and cary away , to be conueyed to such place or warehouse , as our said agent shall appoint for that purpose , as aforesaid . and our expresse will and command is , that neither our said agents , nor any others , doe sell , or vtter any part of the said prohibited tobacco , within any our owne dominions , there to bee spent and vsed , whereby the vent of the tobacco of our colonies aforesaid may any way bee hindred , vpon paine of our heauy displeasure , and such other paines and penalties , as other offenders against this our proclamation are liable vnto . and whereas by our former proclamation , we did command , that from , & after the fiue & twentieth day of march , then , and now next ensuing , no person should sell , vtter , or offer to put to sale , or vse any tobacco , which is not of the proper growth of the colonies aforesaid , and before the ende of forty dayes then next ensuing , should transport out of our said kingdome , all other tobacco , then that of the growth of those colonies ; wee doe now by this our proclamation , ratifie and confirme the same , and command , the same to be duely put in execution : and to the ende there may be no euasion vsed to auoyd the same , wee doe hereby giue full power and commandement to our said agents , by themselues and their deputies , at any time , or times after the said fiue and twentieth day of march now next ensuing , to search for the said prohibited tobacco , and to take a true and exact note and accompt of the quantity thereof , to the intent that the owners thereof , before the ende of forty dayes next ensuing after the said fiue and twentieth day of march , either by themselues , or some other , may export the same by the priuity of the said agents , according to the true intent of this , and of our said former proclamation , and at the end of the said forty dayes , may giue a iust account vnto our said agents , what is become thereof ; & whatsoeuer tobacco which is not of the proper growth of the plantations aforesaid , shall after the said forty dayes be found in the hands of any person whatsoeuer , shall bee seized by our said agents , or their deputies to our vse , and the said person or persons hauing or vsing the same , shall incurre our high displeasure , and bee subiect to such further paines and penalties , as by our said proclamation are to be inflicted vpon any other offenders . and our further will and command is , that all the tobacco of the growth of our colonies aforesaid , shall be brought to the custome-house key of our port of london , and there be deliuered to our agents , or their assignees to our vse , according to our contract aforesaid , or be kept in our said custome-house to bee transported out of our dominions ; and whatsoeuer tobacco of the growth of those plantations , or either of them , shall not be brought to that key , and be deliuered as aforesaid , or for which there shall not bee good security giuen to our agents , within foureteene dayes after the landing thereof , to export the same as aforesaid , the same shall bee forfeited and seized to our vse by our agents or their deputies , as other prohibited tobacco , and this to bee duely obserued vnder the paines and penalties aforesaid . and whereas wee are giuen to vnderstand , that diuerse vsing to trade in tobacco . haue and still doe secretly and vnderhand steale into our kingdomes the said prohibited tobacco and doe so priuily hide and conceale the same , that they cannot be easily discouered , nor found out , and doe either by themselues , or others by them to that purpose imployed , carry the same by small quantities to the houses or shops of our subiects , inhabiting within our said kingdomes , and doe sell or profer the same to bee sold , or else doe secretly and couertly offer to contract for the sale of such prohibited tobacco ; our will and pleasure is , and wee doe hereby straitly charge and command all and euery our louing subiects , to whom any the said prohibited tobacco shal be offered to be sold or contracted for , as aforesaid that immediately vpon the sight of any such prohibited tobacco , or vpon offer to contract for any such tobacco , they make stay thereof , and of such person or persons , as shall either profer the same to sell , or shall offer to contract for any the said prohibited tobacco , and that they and euery of them , who shall haue the said prohibited tobacco so proffered vnto them to be sold , as aforesaid , shall giue notice thereof , and charge the next constable , head-borough , or other officer , with such person or persons , who shall offer to put the same to sale , vpon paine of our high displeasure , and of such other paines and penalties , as other offenders against this our royall proclamation are liable vnto . and wee doe hereby further charge and command all and singuler constables , head-boroughs & other our officers aforesaid , that they and euery of them , vpon notice vnto them giuen of any such prohibited tobacco , as aforesaid , or of any such person and persons so offending , as aforesaid , that they seize the said tobacco , and detaine all such person and persons so offending as they shal haue knowledge of , vntill they haue giuen notice thereof vnto our said agents or their deputie or deputies , and vntill by their meanes the person offending may be brought before such officer as hath power by this our proclamation to take sufficient bond for the appearance of such person , in some of our courts of iustice , to answer for their faults as the same shall deserue . and for the better finding out and discouery of the offences and offenders against our former and this our proclamation , we are well pleased , and doe hereby require and command , that our treasurer , commissioners for our treasury , chancellour and barons of our exchequer now , and for the time being , within our said kingdomes of england and ireland , respectiuely shall and may award such and so many commissions , as they shall thinke meet , to be directed to discreet and fit persons in all or any our ports , or elsewhere , to enquire of and examine vpon oath , or otherwise , all such persons as are , or shall be suspected to haue heretofore offended , or which hereafter shall offend against this , or our former proclamation in this behalfe , or any other person or persons whatsoeuer , for the finding out and discouery of the said offences and offenders , as is before mentioned ; to the end that , as well the importers of such tobacco as the buyers , sellers , spenders , receiuers and concealers thereof , may receiue such condigne punishment by fine or otherwise , for their offences , as by our court of star-chamber , or court of exchequer shall be thought fit : and in case such tobacco shall not , or cannot be taken , or found to bee seized , that then euery such offender shall forfeit and pay to the hands of our agent or agents , in this behalfe for our vse , the full value of such tobacco , as the said offenders heretofore haue , or hereafter shall haue imported , bought , sold , vented or receiued , as aforesaid , beside such further punishment , as shall be fit to be inflicted vpon them for their contempt . and our further will and pleasure is , and we doe hereby declare , that whatsoeuer our said agent or agents , their assignee or assignees , vnder the hands and seales of the greater number of them , haue already done , or shall doe hereafter against any offender or offenders , in requiring and taking the forfeiture of any tobacco , or the value thereof so imported or vttered as aforesaid , or in the mitigating or taking any lesse summe then the value of the same of any such offender in the premisses , or otherwise according to the good discretion of our said agent or agents , wee doe and will from time to time approue and allow of by these presents : and this signification of our pleasure shall be as well vnto our said agent or agents for the time being , as vnto all and euery such commissioner and commissioners which haue beene , or shall be imployed , in , or about this our seruice , a sufficient warrant and discharge in that behalfe , without any account to be by them , or any of them respectiuely yeelded to us , our heires or successors , and without incurring any penalty in the doing or executing of this our seruice and royall command . and forasmuch as heretofore diuers great quantities of tobacco haue beene imported into this realme , vnder the name or names of sundry poore mariners , and other , which are not able to pay the value thereof , nor giue satisfaction for the same , our will and pleasure is , the better to auoyd such frauds and deceipts in time to come , that in whatsoeuer ship , or other uessel , any such tobacco in greater or lesser quantities , shall be found or discouered to haue beene , or to be so imported ▪ and to be shifted away that seizure thereof cannot , or shal not be made , that then such mariners , or others , who shall so import or couler the said tobaccoes , shall not onely be punished , as aforesaid , but that euery master of such ship or uessell , wherein such tobacco shall be so imported or shifted away , as aforesaid , shall forfeit to us the value of the said tobacco , and that such ship or ships shall be arrested , and stayed by the officers of euery port , or any of our agents , their d●puties or assignees respectiuely , vntill the said forfeiture be duly answered and paid to the hands of our said agent or agents to our vse , or su●h others as they sh●ll appoint in that behalfe . and for the better execu●●on of the 〈◊〉 , wee doe straitly charge and commaund all iustices of peace , mayors , sheriffes , bailiffes , constables , hea● boroughs , tythi●gmen , our warden and constable of our cinque ports , and all other our officers and ministers , as well of our admiralties , as otherwise , and all other our louing subiects , to whom it shall or may appertaine , that they and euery of them at all time & times hereafter , and from time to time , vpon sight of our letters patents , granted to our said agents , or of a deputation vnder the hands & seales of our agents , or any three of them , be ayding and assisting to our said agent and agents , and their deputie and deputies , and to such our commissioners , as shall be from time to time appointed for or about this our seruice , and also to be from time to time ayding and assisting to all our searchers , wauers , and to all such other person and persons as shall be authorized by our said agent or agents , or by our customers or farmers of our customes , for the searching , seizing , taking , and carying away of all such tobacco imported , or hereafter to be imported or vttered , or intended to be put to sale contrary to this our royall prohibition and commaund . and if any person or persons shall bee found , priuily or secretly to oppose or animate any others , to contradict or withstand them in the due execution of this our seruice and royall commaund , or to neglect the due execution thereof , that then we do by these presents , straitly charge and command , all and euery our sayd officers respectiuely , that euery such person and persons shall be apprehended and brought before our treasurer , chancellour of our exchequer , or before any the lords or others of our priuy councell , or before our chiefe baron , or some other of the barons of our exchequer for the time being , to receiue such order for condigne punishment to be inflicted vpon them according to their demerits , as shall be fit . giuen at our court at theobalds , the second day of march , in the two and twentieth yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxiiii . by the king, a proclamation declaring his maiesties pleasure concerning the dissoluing of the present conuention of parliament england and wales. sovereign (1603-1625 : james i) 1619 approx. 17 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22266 stc 8676.5 estc s1570 20213920 ocm 20213920 23836 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22266) transcribed from: (early english books online ; image set 23836) images scanned from microfilm: (early english books, 1475-1640 ; 1709:23) by the king, a proclamation declaring his maiesties pleasure concerning the dissoluing of the present conuention of parliament england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 3, [1] p. by bonham norton and iohn bill ..., imprinted at london : m.dc.xxi [1621] caption title. "giuen at our palace at westminster, the sixth day of ianuary, in the nineteenth yeere of our raigne ..."--p. [4]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -great britain. great britain -history -james i, 1603-1625. great britain -politics and government -1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 spi global keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. a proclamation declaring his maiesties pleasure concerning the dissoluing of the present conuention of parliament . albeit the assembling , continuing , and dissoluing of parliaments be a prerogatiue so peculiarlie belonging to our imperiall crowne , and the times and seasons thereof so absolutelie in our owne power , that we need not giue account therof vnto any : yet , according to our continuall custome , to make our good subiects acquainted with the reasons of all our publike resolutions & actions ; we haue thought it expedient at this time to declare , not only our pleasure and resolution therein , grounded vpon mature deliberation , with the aduice and vniforme consent of our whole priuie councell ; but therewith also to note some especiall proceedings moouing us to this resolution : and that chieflie to this end , that as god , so the world may witnesse with us , that it was our intent to haue made this the happiest parliament , that euer was in our time : and that the lettes , and impediments thereof being discerned , all misunderstandings and iealousies might bee remooued , and all our people may know and beleeue , that we are as farre from imputing any of those ill accidents , that haue happened in parliament , to any want or neglect of duty , or good affection towards us , by them in generall , or by the greater and better number of parliament men , as we are confident ( the true causes discouered ) they wil be far from imputing it to any default in us ; there hauing in the beginning of this late assemblie passed greater and more infallible tokens of loue and duty from our subiects to us their soueraigne , and more remarkeable testimonies from us of our princely care and zeale of their welfare , then haue beene in any parliament met in any former age. this parliament was by us called , as for making good and profitable lawes , so more especially , in this time of miserable distraction throughout christendome , for the better setling of peace and religion , and restoring our children to their ancient and lawfull patrimony , which we attempted to procure by peaceable treaty , at our owne excessiue charge , thereby to saue and preuent the effusion of christian blood , the miserable effect of warre , and dissension ; yet with full purpose , if that succeeded not , to recouer it by the sword ; and therefore , as a necessary meanes conducing to those ends , the supply of our treasures was to bee prouided for . this parliament beginning in ianuary last , proceeded some moneths with such harmonie betweene us and our people , as cannot bee paralleld by any former time : for as the house of commons at the first , both in the manner of their supplie , and otherwise , shewed greater loue , and more respect then euer any house of commons did to us , or ( as wee thinke ) to any king before us : so we , vpon all their complaints , haue afforded them such memorable , and rare examples of iustice , as many ages past cannot shew the like ; wherein , that wee preferred the weale of our people before all particular respects , the things themselues doe sufficiently prooue , our iustice being extended , not onely to persons of ordinary ranke and qualitie , but euen to the prime officer of our kingdome . and although , after their first recesse at easter , wee found that they misspent a great deale of time , rather vpon the inlarging of the limmites of their liberties , and diuers other curious , and vnprofitable things , then vpon the framing and proponing of good & profitable lawes : yet we gaue them time and scope for their parliamentary proceedings , and prolonged the session to an vnusuall length , continuing it vntill the eight and twentieth day of may , before wee signified our purpose for their recesse ; and then wee declared , that we would make a recession the fourth day of iune next following , but onely for a time , and in such maner , as might bee without disturbance to any their businesses in hand , expressing out of our grace ( though wee needed not ) the causes of that our purpose , which were the season of the yeere , vsually hot , and vnfit for great assemblies , our progresse approaching , the necessitie wee had to make vse of our councell , attending in both houses , both to settle our waightie affaires of state before wee went , and to attend us when wee went our progresse , the disfurnishing of our ordinary courts of iustice so many termes together , the long absence of iustices of peace , and deputy lieuetenants , whose presence was needfull for making and returning of musters , and for subordinate gouernement of the countrey ; and therefore wee appointed to adiourne the parliament on the fourth day of iune , giuing that warning longer then vsuall , that they might set in order their businesses , and prepare their greeuances , which wee promised both to heare and answere before that recesse , for presenting whereof we appointed them a time . this message graciously intended by us , was not so well entertained by some , who in a short time dispersed and spred their iealousies vnto others , and thereby occasioned discontentment in the house , for being adiourned without passing of billes ; yet made not their addresse to us , as had beene meet , but desired a conference with the lords ; and at that conference , the nine and twentieth day of may , vnder colour of desiring to petition us for some further time , to perfect and passe some speciall bils , were imboldened , not onely to dispute , but to refell all the reasons that we had giuen for the adiournement , which being made knowen vnto us , wee againe signified our pleasure to both houses , that on the fourth day of iune the parliament should rise , but wee would then giue our royall assent to such billes , as were or should bee ready and fit to bee then passed , continuing all other businesses in state they were , by a speciall act to be framed for that purpose . the lords with all duetie and respect , submitted to our resolution , passed the act , & sent it with speciall recommendation to the house of commons ; but they neither read it , nor proceeded with businesses , but forgetting that the time was ours & not theirs , continued their discontent , as they pretended , for being so soone dismissed , we ( though it were strange to obserue such auersnes for our resoluing vpon such waighty reasons , that wherin we needed not to be measured by any other rule , but our owne princely will ) yet were contented to descend from our owne right , to alter our resolution , and to continue the session for a fortnight more , wherein they might perfite such publique billes , as were esteemed of most importance : for which purpose , we our selfe came in person vnto the higher house of parliament , and made offer thereof vnto them , which being , in effect , as much as the commons had formerly desired , was no sooner offered , but yeelding thankes to us , the said commons resolued the same day directly , contrary to their former desire , to refuse it , and to accept our first resolution of an adiournement ; but attending us at greenwich , presented no grieuances : this inconstancie , as we passed by with a gentle admonition ; so for the matter of grieuances , aswell of england , as ireland , we promised to take them into our owne care , though not presented to us , and really performed the same so far forth , as time , and the aduice of our councell of each kingdome could enable us , as is witnessed by our seuerall proclamations , published in both realmes , as likewise in granting at the same time those three suites which were proponed vnto us by the arch-bishop of canterbury , at the request , and in the name of both the houses : but in conclusion the house of commons making it their choise , wee made a recesse by adiournement of the parliament , the fourth day of iune , though indeed wee must doe them this right , that at the said recesse , taking into their serious consideration the present estate of our children abroad , and the generall afflicted estate of the true professors of religion in forraine parts , they did with one vnanimous consent , in the name of themselues , and the whole body of the kingdome , make a most dutifull and solemne protestation , that if our pious endeauours , by treatie to procure their peace and safetie , should not take that good effect which was desired , ( in the treatie whereof , they humbly besought us , not to suffer any long delay ) then , vpon signification of our pleasure in parliament , they would be ready , to the vttermost of their powers , both with liues and fortunes to assist us , so as that by the diuine helpe of almightie god , we might be able to doe that by our sword , which by peaceable courses should not be effected . but during the time of this long recesse , hauing to our great charges mediated with the emperour , by the meanes of our embassadour , the lord digbie , and hauing found those hopes to fayle , which we had to preuaile by treaty , we in confidence of the assistance of our people , thus freely promised and protested in parliament , did instantly shorten the time of the recesse , which we had before appointed to continue vntill the eighth day of february , and did reassemble our parliament , the twentieth day of nouember last , and made knowen vnto them the true state and necessity of our childrens affayres , declaring our resolution vnto them , of taking vpon vs the defence of our childrens patrimony , by way of armes , since we could not compasse it by an amicable treaty ; and therefore expected the fruit of that their declaration , whereby we were inuited vnto this course : wherein , howbeit we are well satisfied of the good inclination of the most part of our house of commons , testified by their ready assent to the speedy payment of a subsidie , newly to be granted ; yet vpon this occasion some particular members of that house tooke such inordinate liberty , not only to treat of our high prerogatiues , and of sundry things , that without our speciall direction were no fit subiects to be treated of in parliament ; but also to speake with lesse respect of forraigne princes , our allies , then were fit for any subiect to doe of any anoynted king , though in enmity and hostility with us. and when , vpon this occasion , wee vsed some reprehension towards those miscarriages , requiring them not to proceed but in such things as were within the capacity of that house , according to the continuall custome of our predecessors , then by the meanes of some euill affected and discontented persons , such heat and distemper was raysed in the house , that albeit themselues had sued vnto us for a session , and for a generall pardon vnto both , which at their earnest suit we assented , yet after this fire kindled , they reiected both , and setting apart all businesses of consequence and waight ( notwithstanding our admonition and earnest pressing them to goe on ) they either sate as silent , or spent the time in disputing of priuiledges , descanting vpon the words and syllables of our letters and messages , which for better cleering of trueth , and satisfaction of all men , we are about to publish in print , so soone as possibly we can . and although in our answer to their petition , wee gaue them full assurance that wee would bee as carefull of the preseruation of their priuiledges , as of our owne royall prerogatiue , and in our explanation after sent vnto them by our letters , written to our secretary , we told them that wee neuer meant to denie them any lawfull priuiledges that euer that house enioyed in our predecessours times ; and that whatsoeuer priuiledges or liberties they enioyed by any law or statute , should euer bee inuiolablie preserued by us ; and we hoped our posterity would imitate our footsteps therein ; and whatsoeuer priuiledges they enioyed by long custome , and vncontrolled and lawfull presidents , we would likewise be as carefull to preserue them , and transmit the care thereof to our posterity , confessing our selues in iustice to bee bound to maintaine them in their rights , and in grace , that we were rather minded to increase , then infringe any of them , if they should so deserue at our hands , which might satisfie any reasonable man , that we were farre from violating their priuiledges . and although by our letters written to their speaker , we aduised them to proceed , and make this a session , to the end , that our good and louing subiects might haue some taste , aswell of our grace and goodnesse towards them , by our free pardon and good lawes to be passed , as they had both by the great and vnusuall examples of iustice since this meeting , and the so many eases and comforts giuen vnto them by proclamation . and although we had giuen order for the pardon to goe on , and that in a more gracious and liberall manner then hath passed in many yeeres before , and signified our willingnesse , that rather then time should bee misspent , they might lay aside the thought of the subsidie , and goe on with an act for continuance of statutes , and the generall pardon ; but all this preuailed not to satisfie them , either for their pretended priuiledges , or to perswade them to proceed with bils for the good of themselues , and those that sent them . but as the session and pardon were by them well desired at first ; so were they as ill reiected at the last ; and not withstanding the sinceritie of our protestations , not to inuade their priuiledges ; yet by the perswasion of such as had beene the cause of all these distempers , they fall to carue for themselues , and pretending causelesly to be occasioned thereunto in an vnseasonable houre of the day , and a very thinne house , contrary to their owne custome in all matters of waight , conclude , and enter a protestation for their liberties , in such ambiguous and generall words , as might serue for future times to inuade most of our inseparable rights and prerogatiues , annexed to our imperiall crowne : whereof not onely in the times of other our progenitors , but in the blessed raigne of our late predecessor , that renowned queene elizabeth , we found our crowne actually possessed ; an vsurpation that the maiestie of a king can by no meanes endure . by all which may appeare , that howsoeuer in the generall proceedings of that house , there are many footsteppes of louing and well affected duetie to us : yet some ill tempered spirits , haue sowed tares among the corne , and thereby frustrated the hope of that plentifull and good haruest , which might haue multiplyed the wealth and welfare of this whole land ; & by their cunning diuersions haue imposed vpon us a necessitie of discontinuing this present parliament , without putting vnto it the name or period of a session . and therefore , whereas the said assembly of parliament was by our commission adiourned vntill the eight day of february now next ensuing , we , minding not to continue the same any longer , and therefore not holding it fit to cause the prelates , noblemen , and states of this our realme , or the knights , citizens and burgesses of the same parliament to trauaile thereabout , haue thought fit to signifie this our resolution , with the reasons thereof vnto all our subiects , inhabiting in all parts of this realme , willing and requiring the said prelates , noblemen and states , and also the said knights , citizens , and burgesses , and all others , to whom in this case it shall appertaine , that they forbeare to attend at the day and place prefixed by the said adiournement , and in so doing , they are and shall be hereby discharged thereof against vs. and we doe hereby further declare , that the said conuention of parliament , neither is , nor after the ceasing and breaking thereof shall be , nor ought to be esteemed , adiudged , or taken to bee , or make any session of parliament . and albeit we are at this time enforced to breake off this conuention of parliament : yet our will and desire is , that all our subiects should take notice , for auoyding of all sinister suspitions and iealousies , that our intent and full resolution is , to gouerne our people in the same manner , as our progenitours and predecessours , kings and queenes of this realme of best gouernment , haue heretofore done ; and that we shall be carefull , both in our owne person , and by charging our priuie counsell , our iudges , and other our ministers in their seuerall places respectiuely , to distribute true iustice & right vnto all our people ; and that we shall bee as glad to lay hold of the first occasion in due and conuenient time , which we hope shall not be long , to call and assemble our parliament , with confidence of the true and hearty loue and affection of our subiects , as either we , or any of our progenitors haue beene at any time heretofore . giuen at our pallace at westminster , the sixth day of ianuary , in the nineteenth yeere of our raigne of great britaine , france , and ireland . god saue the king. imprinted at london by bonham norton , and iohn bill , printers to the kings most excellent maiestie . m. dc . xxi . by the king a proclamation for restraint of killing, dressing, and eating of flesh in lent, or on fish daies, appointed by the law to be hereafter strictly obserued by all sorts of people england and wales. sovereign (1603-1625 : james i) 1625 approx. 13 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-07 (eebo-tcp phase 1). a22337 stc 8749 estc s3488 33150306 ocm 33150306 28547 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22337) transcribed from: (early english books online ; image set 28547) images scanned from microfilm: (early english books, 1475-1640 ; 1876:17) by the king a proclamation for restraint of killing, dressing, and eating of flesh in lent, or on fish daies, appointed by the law to be hereafter strictly obserued by all sorts of people england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. 3 leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxiiii [1624, i.e. 1625] caption title. imprint from colophon. sheet one has arms without "i r", at top, and line 11 of text begins "daies". "giuen at our court at newmarket the seauenth day of february, in the two and twentieth yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lent. fasts and feasts -church of england. fasts and feasts -england. meat industry and trade -law and legislation -great britain -early works to 1800. great britain -history -james i, 1603-1625. 2003-03 tcp assigned for keying and markup 2003-04 apex covantage keyed and coded from proquest page images 2003-05 mona logarbo sampled and proofread 2003-05 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion honi soit qvi mal y pens royal blazon or coat of arms ¶ by the king. a proclamation for restraint of killing , dressing , and eating of flesh in lent , or on fish daies , appointed by the law , to be hereafter strictly obserued by all sorts of people . whereas , for the benefit and commodity of this our realme of england , as well in the maintenance of our nauy and shipping ( a principall strength of this iland ) as for the sparing and increase of flesh victuall , diuers good lawes and statutes haue beene prouided , for the due obseruation of lent , and other dayes appointed for fish dayes , which from time to time haue beene seconded and quickned by sundry our proclamations , and other actes and ordinances of state ; and whereas , notwithstanding the many good prouisions heretofore had and made in that kinde , wee yet finde the inordinate liberty , now vsually taken by all sorts of people to kill , dresse , and eate flesh in the lent season , and on other daies and times prohibited by law , is become an euill of such inueterate growth , as it requireth more then ordinary care to suppresse the same : wee therefore much affecting the reformation of this so great an euill ( and enemy to the plentie of our kingdomes ) haue thought fit eftsoones ( and thus timely , the better to take away the excuse , and to preuent the prouisions of flesh that vsually men make against the lent season ) to expresse our selfe and our royall commandement in this behalfe : wherein , without any future declaration of our pleasure in this kinde , wee shall expect and require from all our subiects , that due notice be taken , and that a strict and continued obedience and conformitie be yeelded thereunto in all succeeding times . and therefore wee doe straitly charge and command all and euery person and persons whatsoeuer , to whom it may appertaine , carefully to prouide and see , that these orders following may bee duely obserued and put in execution , vpon paine of our high displeasure , and such penalties , as by the lawes of this our realme may be inflicted vpon the offenders , for their contempt or neglect of us and our lawes , whereof we shall shew our selues most sensible . and first , whereas wee finde , that the chiefest cause of these disorders hath growen from the licences that haue beene granted to butchers , to kill and vtter flesh contrary to law , and that by our lawes , no mayor , iustice of peace , or other person of what degree or qualitie soeuer , can grant any licence in this kinde , and that the lords and others of our priuy councell , do by our direction forbeare to grant the same , or giue way thereunto ; our will and pleasure is vpon the penalties prouided by law , and such further punishment to be inflicted vpon the offenders , as shall be thought meete , that no such licence shall be granted for the killing or vttering of flesh ; and that no butcher or other person whatsoeuer , doe by colour thereof , kill , vtter , or put to sale any flesh contrary to the lawes established and prouided in that behalfe . and for the auoiding of such inconueniences hereafter , our will and pleasure is , that the lord maior of our citie of london , and euery other officer and iustice of peace , shall call before them , and send for any of the seruants of any inholders , uictuallers , cookes , alehousekeepers , tauerners , and keepers of ordinary tables , and such others that vtter victuals , and to examine them vpon their corporall oathes , what flesh is , or hath beene , during the lent season , or other daies prohibited by the law , dressed , killed , vttered , or eaten in their houses , which if they shall refuse to doe , then to commit to prison the said seruants so refusing vpon their oathes to declare the trueth . that the lord maior shall also yeerely before lent , or at the beginning thereof , cause all inholders , keepers of ordinary tables , uictuallers , alehouse keepers , and tauerners within the city and liberties thereof , to appeare before him , or such persons as he shall appoint meete for that purpose ; and shall take recognizances with sufficient sureties of euery of them in good summes of money , ( viz. ) one hundred pounds of the principall , and their sureties thirty pounds apiece , to our vse , not to dresse any flesh in their houses in the lent time , or at other times prohibited , for any respect , nor suffer it to bee eaten contrary to lawe . the like recognizance with sureties , shall bee taken of the like parties vpon like penalties , by the iustices of peace of our city of westminster , and the liberties thereof ; and euery of the said recognizances to be certified into our exchequer . and for the butchers , & others that come with victuall of flesh out of the countrey into the city , our pleasure is , that the lord maior shall cause certaine persons to watch at the gates and other like places in the suburbes , where flesh may bee brought , to view and search , and to intercept the same : and if any of those watchmen shall be found negligent and corrupt in his charge , then he to be committed to prison during the whole lent. and to the end that fishermen may imploy themselues to sea with better encouragement then heretofore , and that the fishmongers may furnish themselues with such store from time to time hereafter , as shall be expedient , aswell for the prouision of the citie , as for selling the same at reasonable rates ; we will that they take notice of this our commandement , and constant resolution for the obseruance of lent , and fish-dayes , both now and hereafter , as by law is required . and furthermore , as we thinke it fit , that euery man should be a rule of order and abstinence in his owne house , as well in respect of the publique , as of his priuate ease and benefit , so wee straitly charge and command all inholders , keepers of ordinary tables , uictuallers , alehouse-keepers , and tauerners , not to make any supper for any person or persons whatsoeuer , vpon friday nights , either in lent or out of lent ; nor to suffer any meate to be then dressed , vttered , sold or eaten in their houses , vpon paine of such punishment , as is due to those that shall contemne our royall pleasure and commandement . and forasmuch as vpon further aduice and consideration had , that the restraint of killing and dressing of flesh is no sufficient remedy for the mischiefe , vnlesse there bee better care also taken to suppresse the vnlawfull and inordinate eating of flesh in the time of lent , and on other dayes and times prohibited , wherewith our subiects haue accustomed themselues , rather for delicacie then for necessity ; it is therefore our royall will and pleasure , and accordingly wee doe hereby straitly prohibite and forbid all our subiects of what degree or qualitie soeuer within this our realme , to eate any manner of flesh in the time of lent , or on other dayes now vsually obserued as fish-dayes , without a speciall licence first obtained from the bishop of the diocesse , or such other as by the lawe haue power to giue licence in that behalfe , ( which wee will and command shall bee sparingly granted , and in cases of necessitie onely ) vpon paine of our high displeasure , and to bee proceeded against by our attourney generall in our court of starre-chamber , as contemners of our royall commandement , and vpon such further penaltie , as by the lawes and statutes of our realme may be inflicted on those that shall wilfully offend in this kinde . and as these orders are to be executed in our city of london , & places neere to the same , so it is our expresse pleasure and commandement , that our iustices of peace in all shires within their rule , and all other maiors , bailiffes , and chiefe officers in townes corporate , or in any liberties within their precincts , shall cause the same to be obserued and performed in like manner ; and that no maner of toleration , fauour , or conniuencie be vsed by any iustice of peace , or other officer , contrary to the true meaning of this our proclamation , as both they that shall presume wittingly so to tolerate the offence , as also the party himselfe offending , will answere the same at their vttermost perils : our commandement being , that our lawes in this case shall be hereafter seuerely executed vpon all offenders whatsoeuer . further charging and commanding the lord maior of our city of london , the iustices of assize in their seuerall circuits , the maiors and chiefe officers of all other cities and townes corporate , iustices of peace , lords of liberties , and all other officers and ministers within the seuerall counties of this our realme , that they and euery of them fully obey this our pleasure , and cause and compell the same to be obeyed and executed by others , as they will answere the contrary at their vttermost perils . and for the due execution of the premisses in all other the counties of this our realme , as well as in our cities of london and westminster , wee doe hereby straitly charge and command all our iustices of peace within the same counties , aswell within liberties as without , that yeerely and euery yeere hereafter before lent , they cause to come and appeare before them all inholders , cookes , tauerners , alehouse-keepers , butchers , and other uictuallers whatsoeuer , and to require and take of them to our vse , seuerall recognizances , with sureties , for obseruation of the premisses , ( viz ) the principals in tenne pounds , and their two sureties in fiue pounds apiece : and if they shall refuse or neglect to enter into such recognizances , then the said iustices shall suppresse such persons so refusing , from victualling any more , and shall also cause them foorth with to become bound by recognizance with sureties to our vse , ( viz ) the principals in twenty pounds , and their two sureties in tenne pounds apiece , not to uictuall or sell beere or ale from thencefoorth , which if they shall refuse to doe , then the said iustices to commit to prison all such persons so refusing to enter into such recognizances , vntill they shall submit themselues , & become bound , as aforesaid . and further for-all such inholders , cookes , tauerners , alehouse keepers , butchers , and other uictuallers as shall not appeare before the said iustices , as aforesaid , that they immediatly send foorth their warrants , or grant processe against them and euery of them so making default , to appeare and answere their contempt at the next generall sessions of the peace . and further , for the more due punishment of inholders , keepers of ordinary tables , cookes , butchers , uictuallers , alehouse keepers , tauerners , and such like , who shall forfeit their recognizances by killing or dressing of flesh , or suffering it to be eaten in their houses in the lent time , & other fish dayes , and to the end that the same may be as well taken in due forme of law , as duely certified into our exchequer , we doe will and require all iustices of peace , as well within liberties as without , that at such times as they shal meet within their seueral diuisions , for the taking of such recognizances , that they giue notice to the clerkes of the peace , or their deputies , to attend them for that purpose . of whom we will require a strict accompt for the legall taking and returning of the same recognizances into our said exchequer : the said clerkes of the peace and their deputies , taking for the making and certifying of the same recognizances of all inne-keepers , tauerners , cookes , and butchers , the fee of two shillings sixe pence ; and of all alehouse-keepers the fee of twelue pence , as is limited to be taken by the clerke of the peace for our county of middlesex for euery such recognizance , and no more . and lastly , for that the fishmongers ( vpon the obseruation of the aforesaid orders ) may perhaps take occasion thereby to enhaunce the prices , as well of fresh , as of sea fish , we doe therefore hereby further charge and command all fishmongers whatsoeuer , that they sell and vtter their fish at moderate and vsuall rates and prices ; and that all iustices of peace , maiors , bailiffes , and other our officers , as well within liberties as without , to whom it shall appertaine , shall from time to time take such order with the said fishmongers , that our subiects be not grieued by any such enhauncement or encrease of prices vpon fish , vpon paine of our high displeasure , and such further punishment as may be inflicted vpon them by our lawes . giuen at our court at newmarket the seauenth day of february , in the two and twentieth yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m. dc . xxiiii . a true transcript and publication of his maiesties letters pattent. for an office to be erected, and called the publicke register for generall commerce whereunto is annexed an ouerture and explanation of the nature and purport of the said office, for their better vnderstanding and direction that shall haue occasion to vse it, by sir arthur gorges, knight. england and wales. sovereign (1603-1625 : james i) 1611 approx. 27 kb of xml-encoded text transcribed from 23 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a22719 stc 9226 estc s105549 99841276 99841276 5850 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22719) transcribed from: (early english books online ; image set 5850) images scanned from microfilm: (early english books, 1475-1640 ; 1270:18) a true transcript and publication of his maiesties letters pattent. for an office to be erected, and called the publicke register for generall commerce whereunto is annexed an ouerture and explanation of the nature and purport of the said office, for their better vnderstanding and direction that shall haue occasion to vse it, by sir arthur gorges, knight. england and wales. sovereign (1603-1625 : james i) gorges, arthur, sir, 1557?-1625. aut james i, king of england, 1566-1625. cartwright, fl. 1611. publique register for generall commerce (england and wales) [44] p. printed at britaine bursse [by william stansby] for iohn budge, and are there to bee sold at his shop, [london] : 1611. the letters patent signed and dated on c1v: cartvvright. westminster the fift day of march; in the eighth yeare of our reigne .. printer's name from stc. signatures: a-e⁴ f² . half-title reads: the publique register for generall commerce. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng publique register for generall commerce (england and wales) -early works to 1800. great britain -commerce -early works to 1800. 2005-11 tcp assigned for keying and markup 2005-11 apex covantage keyed and coded from proquest page images 2006-07 ali jakobson sampled and proofread 2006-07 ali jakobson text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the publique register for generall commerce . a trve transcript and pvblication of his maiesties letters pattent . for an office to be erected , and called the publicke register for generall commerce . whereunto is annexed an ouerture and explanation of the nature and purport of the said office , for their better vnderstanding and direction that shall haue occasion to vse it , by sir arthur gorges , knight . printed at britaine bursse for iohn budge , and are there to bee sold at his shop . 1611. iames by the grace of god , king of england , scotland , france , and jreland , defendor of the faith , &c. to all to whom th●se presents shall come , greeting . whereas all trade and commerce whatsoeuer amongst our w●lbeloued subiects , doth chiefl● consi●t eyther in buying and selling , or ●orrowing and lending : and for that a great defect is daily f●und in the policie of our state for want of some good , trusty and ready meanes of intelligence and intercourse betweene our said subiects in that behalfe . by meanes wherof , many men oftentimes vpon occasion of necessity and sudden accidents , are inforced to put away and sell landes , leases , or other goods and chattels , to great losse and disaduantage for want of good and ready meanes to giue generall notice and publique intelligence of such their intentions , to many that would ( if they knew thereof ) as willingly buy as the others would gladly sell . ●or redresse and remedy whereof , our trusty and welbeloued seruants sir arthur gorges and sir walter cope knights , gentlemen of our priuie chamber , haue out of their carefull endeauours found out and deuised a most safe , easie and speedy way to the great aduancement , and helpe vnto generall commerce , and trade amongst our welbeloued subiects ; whereby to serue the turnes and occasions aswell of borrowers as lenders , and of buyers as of sellers , by plaine and direct course of reciprocall intelligence , and interchangeable correspondency , for the ready notice and vnderstanding of one anothers minds . we in our princely care and prouidence for the generall good of our people ( which we much desire and tender ) haue thought it fit , and iust that the said sir arthur gorges and sir walter cope should receiue from vs some fauourable approbation and lawfull authoritie , to establish , further and aduance this their industrious care and faithfull endeauours for the publique good ; whereby much ease , comfort and benefit would vndoubtedly ensue to our subiects of this our realme of england and the dominions of the same , in the knowledge and vse thereof . know ye therfore , that we reposing great trust and confidence in the prouidence , integrity and fidelity of the said sir arthur gorges and sir walter cope , for their honest , iust , and r●spectiue dealing herein : of our especial grace , certaine knowledge , and meere motion , haue giuen and granted , and by these presents for vs , our heyres and successors , doe giue and graunt absolute , ful and free license , power and authority vnto the said sir arthur gorges and sir walter cope , th●ir executors , administrators and assignes , and to their deputy and deputies , during the terme of one and twenty yeares , next and immediatly ensuing the date of these presents , to erect , set vp , keepe and maintaine in any places , cities or townes within our realme of england and the dominions of the same , where the said sir arthur gorges and sir walter cope , their executors , administrators or a assigns shal thinke most fit and conuenient , a publique office , roome or place of resort or repaire of people for the notice of borrowing and lending of moneyes , and for the better knowledge of buying , selling or exchanging of lands , tenements or hereditaments , leases or any other goods or chattels whatsoeuer , which they or their deputies shal thinke fit , and worthy to beentred and registred ; and to keepe one or more kalender or kalenders , register or registers , for the registring of all and singular such lands , tenements , hereditaments , leases , wares ▪ commodities , moneyes , or any other things or chattels , that shall by the meere motion or good liking of the owners themselues , or their factors for them be brought to such office and offices , there to be entred and registred , to be bought , sold , morgaged , pawned , borrowed or lent : which office in euery citie , towne or place where it shall be kept , shall be called by the name of the publique register for generall commerce . and also that it shall and may be lawful , to and for the said sir arthur gorges and sir walter cope , their executors , administrators or assignes , and their deputie and deputies , of and in the said office from time to time , during the said terme of one and twenty yeares , to keepe entries , to make searches , and to continue registers in places conuenient , of all such landes , tenements , hereditaments , leases , goods , chattels , profits , commodities or merchandizes whatsoeuer , which they the said sir arthur gorges and sir walter cope , their executors , administrators or assignes , or their deputy or deputies , or any of them shall thinke worthy to be entred or registred in the said office , and that in all things according to the true intent and meaning of these presents , without let , hinderance or interruption of any our louing subiects whatsoeuer . yeelding and paying therfore during the terme aforesaid , to vs , our heires and successors , from the feast of saint michaell the archangell next ensuing the date hereof , the yearely rent of forty pounds of lawfull money of england , payable at the two vsuall feasts , of our lady , and saint michaell , by equall portions . and we do therefore by these presents for vs , our heyres and successors , prohibite , forbid , and straightly charge and command all , and euery our subiects whatsoeuer , that none of them during the said terme of one & twenty years , by these presents granted , doe attempt , vndertake or presume to imitate , erect or exercise any like publique office or register of intelligence , or entercourse for trade and commerce , vpon paine of our indignation and high displeasure . alway prouided , that no man bee compelled to make entrie or search in the said office at all , nor when such entry or search shall be voluntarily made , shall pay any more for such search or entrie then shall please himselfe . and also that euery man bee left to his owne election and free choyce , to vse any scriuener , broker , friend , seruant or factor , or any other for any the causes aforesaid , in as free , liberall , and ample manner as they haue heretofore vsed and accustomed . and that euery man who for secrecy or other causes knowne to himselfe , shall be vnwilling to vse his owne name in the proceedings hereof , may vse the name of his seruant , friend , factor , or any other at his own will and pleasure . prouided also , and our will and pleasure is , that the said sir arthur gorges and sir walter cope , or either of them , their , or either of their executors , administrators , or assignes , shall at or before the feast of saint michaell the archangell , which shall be in the yeare of our lord god , one thousand , sixe hundred and twelue , finde by experience that they shall not be able by the gains arising by reason of this office , to defray the maine charges , expences and rent incident to the said office and officers ; in respect thereof shall bee minded vtterly to relinquish and giue vp the said office , and the exercise thereof , and all profite and benefite which thereof may arise or grow ; and the same their or any of their intentions and minds therein , shall signifie vnto the lord treasurer of england for the time being , vnder their handes and seales : that then these our letters patents , as to them or eyther of them , their or eyther of their executors , administrators or assignes , or any of them which shall so signifie vnto the said lord treasurer of england for the time being , his or their mind and intention , vtterly to relinquish and giue vp the said office and exercise thereof : and all profits and benefits , which thereof can or may arise or grow , shall be vtterly voide , and the said party or parties , so signifying as is aforesaid , their executors and administrators to be from the time of such signification , discharged of the said yearely rent , before in these presents reserued , which should afterwardsincurre and grow due ; and the other party and parties clayming interest in the said office , and other the premises by , and vnder the said letters patents , and not so signifying his or their minde and intention , vnder his or their hand and seale vnto the said lord treasurer of england for the time being , as is aforesaid ; and their executors , administrators and assignes , to stand from thenceforth sole officer and officers , and bee solely and onely chargeable towards vs , our heyres and successors , for and with the said yearely rent , in and by these presents reserued ; and for and with all other couenants , and things , which according to the tenour and true meaning of these presents , ought to bee performed by the said sir arthur gorges and sir walter cope , their executors , administrators or assignes , as is aforesaid . in witnesse whereof we haue caused these our letters to be made patent . witnesse our selfe at westminster the fift day of march ; jn the eighth yeare of our reigne of england , france , and jreland : and of scotland the foure and fortieth . cartvvright . per me de priuato sigillo ▪ examinatur per me thomam marten . to the vnpar tiall reader . in matters of this nature , where a loyal desire hath endeauoured to performe an acceptable seruice to the common-wealth ; albeit the successe sort not in euery point , answerable to hope and expectation : yet this may stand for a maine com●ort , that the intention tention is free from all publique offence , or priuate wronge , and therefore respects not the taxe or scandall of those malignant humours , which are accustomed to cast corrupt aspertions on honest designes . but because this proiect hath meerly and solely proceeded from mine own poore conceit and labour , ( ayming specially at the aduancement of mutuall commerce , the bond and sinewes of humane society ) i haue thought good for the auoyding of all doubtfull construction or mistaking ( which might blemish it in the birth ) to deliuer it into the world , with a perspicuous ouerture and direction concerning the port and vses therof ; because they are but briefly touched , and in generall terms set downe in the patent . arthur gorges . an overtvre and explanation of the purport and vse of this office . first , it is to be vnder stood that this office to be knowne and called by the name of the publique register for generall commerce , is indeed but the very resemblance of a publique market , whereunto all men may freely repaire , and resort to trade and traffique , without constraint or restraint , at their owne wils and pleasures . and as in markets many commodities are solde and met withall more easily , and better cheape in one selfe place , then by seeking vp and downe the countrey for them with m●re trouble , and at dearer rates in seuerall places : so is it by the vse and benefite of this office , which as a publique market , is solely in his maiesties power to authorise and priuiledge . secondly this publique market is a place which all men may easily finde out and freely repaire vnto , for speedy meanes of helpe vpon any extremity of for feitures of bondes or counter-bonds , or danger of morgages of landes or goods by breach of d●yes , when they know not suddenly where to prouide themselues of moneyes vppon good security ; for that euery man ( especially those that dwell in remote shteres ) is not acquainted with a broker , nor knowes assuredly where to finde one to serue his turne vpon such vrgent occasion , or if he doe ▪ it will be at a deare rate : which defect this register shall be able to supply with very conscionable and moderate consideration ; taking nothing of any , but what the parties themselues shall in reason thinke fit and competent for the seruing of their turnes , by the trauell of the officers . thirdly , by instance to make it more plaine , such men as haue monies lying by them , that they would expose after eight , nine , or ten in the hundred may , if they please , make it knowne & haue it registred in this office , wherby such as repaire vnto this register to borrow , may also receiue notice & direction accordingly for such summes as they desire by as signment from the officers , if the security be good and liked of . fourthly , by way of example also to expresse the vse and benefite of this office for buying and selling : suppose that one hath lands or a house in wilt-shiere that he would gladly sell , suddenly to raise monies , without too great losse , but knows not how to make it generally knowne to the world ; and that there are some others as desirous to buy lands or a house in that shire at a reasonable rate , and cannot learne nor get knowledge of any such ; yet by recourse to this register they may easily informe themselues , and haue mutuall intelligence of one anothers mindes perfectly , and readily , albeit they dwell farre asunder ; wher as now many times both parties are in care and cannot serue their turnes accordingly , vndergoing thereby much inconuenience , which this office with great ease doth remedie . fiftly , the parties themselues that do either lend or borrow , buy or sell , may ●se it with as great security & secrecy as they shall thinke fit by vsing other mens names then their owne , other places then their owne houses , and other friends or factors for themselues if they be so disposed . so as by this free , plaine and easie course all men may rest satisfied , that there is no cunning intent by meanes of this office , to defraude men , nor by the practice thereof to discouer mens wealths or secret estates , further then to themselues shall seeme good . sixthly , it is neyther desired nor meant that any should leaue their moneyes or goods that they would lend or sell , in the charge or custody of this office , but in such places as the owners themselues shall thinke most safe and conuenient ; wherby such as would borrow or buy , may ( if they please ) by this register be directed to those places or persons that would lend or sell to serue their ●urns mutually . and by this course all men may rest secure of the integritie and faire dealings that shall bee vsed concerning other mens monies and goods ; which the patentees se ek not to haue the custody or exposing of for their priuate profit , but will rather auoide the accidents and dangers of such hazards , and losses , as might happen in so great a charge , by mis-reckoning , robbing , or many other waies , which we see so often happens vnto men in their owne priuate houses . and such a misfortune might be both a disparagement to our credits by wrong constructions , and also a taxe and preiudice to the proceeding and reputation of this office ( which consisting meerely of the good opinion of the world for the iust dealing to be vsed therein ) if it be found contrarie or corrupt , it cannot subsist , but will die in it selfe as vnprofitable . moreouer wheras manymen dwelling far from london , are now inforced to repaire thither , to their great trauaile & charge to serue their turn ; many waiesin these forenamed kinds ; by the benefite and vse of this office they shall be much eased . for it is intended ( by the fauour of god ) that in seuerall places of this realme this publique register shal be kept in some such chiefe cities or townes as shall bee found most conuenient to serue the countries next about them in these affaires , and to holde correspondency with the citie of london . againe , it is very certaine that diuers landes , leases , houses , woods and chattels , which haue beene solde priuately at very low rates , to the no little losse of the owners , would haue bin purchased at more indifferent prices , if they had bin more publiquely knowen : for it often falleth out , that those who would gladly buy such , do seldome or neuer get knowledge of the sellers intent , till the things desired be past recouery , ●o the preiudice of both parties : which defect this publique register will be a great meanes to supplie . furthermore , there are a world of extraordinarie things , which are but few mens monies , and the owners themselues would gladly vent if they knew how , but lie concealed or in effect lost in the sale , because that diuers others , which would as willingly buy such at valuable prices , know not how or where to recouer them . but herein it is to be vnderstood that no commodities of base qualitie or inferiour values shall be entred into this register , but such as the officers shall thinke fit to be dealt in , without disparagement of the place . besides , it often falleth out that men vpon extremity are driuen to pawne things of good value for smal summes , to serue their turnes with monies , vntill they can sell them outright ; wherin they vse the means of scriueners or brokers , in whose hands they leaue the said pawnes , setting very reasonable prices on them ; allowing also a reward : and yet notwithstanding it is often s●ene and spoken of , that many scriueners or brokers , to whom such things haue beene committed in trust , would neuer vent them at the owners prices , except they might make a greater surplusage to themselues then the rate limited . and by that meanes many haue beene kept in want of such reliefe , as their owne goods would affoord them ; whereby at last their pawnes haue eaten themselues out in vsury , or at least ●aue beene solde to great losse , the owners wanting means to redeeme them : to which grieuance this publique register may yeelde a comfortable remedy . moreouer , whereas many conscionable men would willingly expose their monies for eight or nine in the hundred , but cannot make it knowne , and therefore doe put their stockes into the hands of brokers or scriueners to imploy for them : so it is , that those brokers doe for the most part take ten in the hundred for those monies which the owners doe affoord at a cheaper hand ; thereby wronging both the lender and borrower : which inconuenience this publique register would easily remedy , by giuing all men safe and ready meanes to expose their own monies ; besides the assurance neuer to be deceiued in their trust , which now many times happens when brokers or scriueners do chance to fall banckrout . furthermore , whereas there is daily occasion of returning and paying of monies from one part of the kingdome to another , by meanes of trade and commerce : and therein is found a great defect for want of some safe and speedy meanes of direction , for interchangeable correspondency in that behalfe ( because that men are now inforced eyther to conuey those monies that they are to pay or receiue , by carriers , clothiers , or ●eruants , who are many times robbed ; or else men are driuen to be at extraordinary cost , for the returnes of monies , by letters of exchange ) by the vse of this publique register men may ( if they please ) greatly ease and remedy both these inconueniences . and to expresse the manner of doing it by example ( which is the plainest way of instruction , ) suppose that if any gentleman , merchant or tradesman of the north , vpon occasion of busines , being come to london , giues notice there vnto this register , that he can make present payment of monies in yorke at a certaine day , to serue the turnes of any londoners , or others in that place , if they will deliuer the like summes in london ; and so accordingly may any londoners or others search the register to that or the like intent , whereby to giue himselfe knowledge of any interchangeable correspondency , for payments or receits at yorke . and in this sort may men mutually vnderstand one anothers mindes for trade and commerce , and with no lesse facility and security serue their turnes one of another in matters of this kinde , throughout all those cities of this kingdome , where this publique register shall be erected and kept , which will be free for all men to repaire vnto , at their pleasures . but herein it is to be vnderstood , that this publique register shall not be made so vulgar , as to bee kept in euery chiefe citie or shieretowne within the realme , but in those necessary and commodious places that shall be found most fit for the publicke good , and to performe those beneficiall offices that are promised and may be expected by the vse of this publique register for the aduancement of generall commerce . againe , to giue those men that would borrow full satisfaction , how they shall be assured when they come to this register for direction in that behalfe , and haue giuen the officer such gratuity , as in reason and out of his owne free will he hath thought fit , in regard of the note or direction deliuered to serue his turne , for the summes that vpon good security he would take vp , and not be disappointed nor lose his reward giuen : jf it so fall out ( for such accidents may happen ) that either the party that should lend this money be from home , or else how otherwise so disposed of his stocke , ( since the intelligence giuen to this register ) that he cannot instantly serue the turne of him that would borrow ; let that party againe returne to the office , and he shal either pr●sently haue another note , whereby to serue his turne , or else he shall receiue the reward that he hath giuen the officer in that behalfe : whereby may plainly appeare , that there shall be no shifts vsed eyther to frustrate men of their desired purpose and hope in this office , or trickes to draw rewards for that , which by the vse of the office , or trauell of the officer is not merited . and in this point i haue thought fit to giue good caution ; both for that such chances may sometimes fall out : and besides it is not vnlikely , but that this obiection may be made . and therefore very pertinent to the purpose , and to auoyde doubts ' , plainely to set downe an answer , and certaine resolution , what men may depend vpon , and how they shall be dealt withall in such cases , thereby to auoyde all scruple . and as in matters of borrowing , so vpon occasions of buying , the like course and restitution shall be vsed . but because amongst all these ouertures and relations , the●e hath not beene any mention made , either when or where this publique register shall be erected and kept ; the which it may be presumed men will expect should haue beene in this discourse related , touching that point , it is v●ry requisite this much to siy : that the office is of such a nature , as that it will require many things necessary for the complete ordering and fitting thereof , as also no lesse care and circumspection in the choice of such officers and clerkes , as shall be answerable and sutable to that integritie and iust dealing that is promised by the patent , in the behalfe of the patentees . besides , to finde out and fashion a conuenient place fit for this office could not be done suddenly , nor in hast , consideri●g that our patent was not past the seale little more then a moneth since ; and before that time the patentees n●t assured whether it should passe , or not : and therefore no reason f●r them to make preparation for that which lay not in their owne powers to dispose of . notwithstanding is it so f●ll out , that the proiect ( in manner as it is expressed ) proue acceptable to the world , in regard of the publique good , which is the true scope and end thereof , this may suffice , that all expedition shal be vsed for the erecting thereof , and sufficient notice giuen by some publique manner of intelligence in what place it shal be kept . lastly , whereas his excellent maiestie according to the custome of former times , and of all well policed states , hath in his princely disposition pleased to giue grace and preferment to diuers honest proiects and profitable inuentions , which haue truly tended to the publique good , without wronging the particular right of any ; and in that regard hath also vouch safed to grant his letters patent for the sole priuiledge and practise of this new inuented register to the patentees , if any vndutifull or malignant spirit for a selfe priuate gaine , will expostulate the iustnesse of this proceeding , it is thus truely and briefly answered , that it is in all equity as honourable for his maiesty , to prouide as good meanes for the ease and benefite of his people in generall ( without any abridgement of former liberty ) as it is lawfull or iust for any priuate scriuener , broker , or other , to prouide a course to aduance his owne particular estate and profite , which is often done to the detriment of many . and now that the nature , vse and scope of this publique register is plainly and truly manifested ▪ i leaue all men to their owne sense and liking , and the successe here f to the eternall guider of all things . finis . an old mould to cast new lawes by compiled by the honourable sir thomas smith, knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, king edward & queen elizabeth ; reprinted out of the common-wealth of england by a friend to old bookes and an enemy to new opinions ; together with king james his declaration to both houses at white-hall, of the kings power in the parliament of scotland in making lawes, march 31, 1607. common-wealth of england. selections. 1643 smith, thomas, sir, 1513-1577. this text is an enriched version of the tcp digital transcription a60560 of text r37569 in the english short title catalog (wing s4218). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 23 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a60560 wing s4218 estc r37569 16975222 ocm 16975222 105581 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a60560) transcribed from: (early english books online ; image set 105581) images scanned from microfilm: (early english books, 1641-1700 ; 1159:20) an old mould to cast new lawes by compiled by the honourable sir thomas smith, knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, king edward & queen elizabeth ; reprinted out of the common-wealth of england by a friend to old bookes and an enemy to new opinions ; together with king james his declaration to both houses at white-hall, of the kings power in the parliament of scotland in making lawes, march 31, 1607. common-wealth of england. selections. 1643 smith, thomas, sir, 1513-1577. james i, king of england, 1566-1625. [2], 10 p. s.n.], [oxford? : m. dc. xliii [1643] reproduction of original in the cambridge university library. eng england and wales. -parliament. great britain -politics and government -1642-1649. a60560 r37569 (wing s4218). civilwar no an old mould to cast new lawes by; compiled by the honourable sir thomas smith knight, doctor of both lawes, and one of the principall secre smith, thomas, sir 1643 4289 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2005-04 tcp assigned for keying and markup 2005-05 aptara keyed and coded from proquest page images 2005-08 judith siefring sampled and proofread 2005-08 judith siefring text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion an old mould to cast new lawes by ; compiled by the honourable sir thomas smith knight , doctor of both lawes , and one of the principall secretaries unto two most worthy princes , king edward , & queen elizabeth . reprinted out of the common-wealth of england , by a friend to old bookes , and an enimy to new opinions . together , with king james his declaration to both houses at white-hall , of the kings power in the parliament of scotland in making lawes . march 31. 1607. remember the dayes of old , consider the years of many generations ; ask thy father , and he will shew thee , thy elders and they will tell thee . deut. 32. 7. vir bonus est quis ? answer is made , qui consulta patrum , qui leges juraque servat . printed , m.dc.xliii . of the parliament , and the authority thereof . the most high and absolute power of the realme of england consisteth in the parliament . for as in warre where the king himselfe in person , the nobility , the rest of the gentility and the yeomanry are , is the force and power of england : so in peace and consultation where the prince is to give life , and the last and highest commandement : the barrony or the nobility for the higher : the knights , esquires , gentlemen and commons for the lower part of the common-wealth , the bishops for the clergy be present to advertise , consult , and shew what is good and necessary for the common-wealth , and to consult together , and upon mature deliberation every bill or law being thrice read and disputed upon in either house , the other two parts , first each a part , and after the prince himselfe in presence of both the partyes doth consent unto , & alloweth . that is the prince's and the whole realmes deed : whereupon justly no man can complain , but must accommodate himselfe to find it good and obey it . that which is done by this consent is called firme , stable , and sanctum , and is taken for law . the parliament abrogateth old lawes , maketh new , giveth order for things past , and for things hereafter to be followed , changeth rights and possessions of private men , legitimateth bastards , establisheth formes of religion , altereth waights and measures , giveth forme of succession to the crown , defineth of doubtfull rights , whereof is no law already made , appoynteth subsidies , tailes , taxes and impositions , giveth most free pardons & absolutions , restoreth in blood & name , as the highest court , condemneth or absolveth them whom the prince will put to that tryall . and to be short , all that ever the people of rome might doe , either in centuriatis comitiis or tributis , the same may be done by the parliament of england , which representeth and hath the power of the whole realme , both the head and the body . for every english man is intended to be there present , either in person , or by procuration , or atturney of what preheminence , state , dignity or quality soever he be , from the prince ( be he king or queen ) to the lowest person of england . and the consent of the parliament is taken to be every mans consent . the iudges in parliament are the king or queens majesty , the lords temporall and spirituall , the commons presented by the knights and burgesses of every shire and burrough town . these all , or the greatest part of them , and that with the consent of the prince for the time being must agree to the making of lawes . the officers in parliament are the speakers , two clarkes , the one for the higher house , the other for the lower , and committees . the speaker is he that doth commend and preferre the bills exhibited into the parliament , and is the mouth of the parliament . he is commonly appoynted by the king or queen , though accepted by the assent of the house . the clarkes are the keepers of the parliament rolles and records , and of the statutes made , and have the custody of the private statutes not printed . the committees are such as either the lords in the higher house , or burgesses in the lower house , doe chuse to frame the lawes upon such billes as are agreed upon , and afterward to be ratified by the same houses . of the forme of holding the parliament . the prince sendeth forth his rescripts or writs to every duke , marquesse , baron , and every other lord temporall or spirituall , who hath voyce in the parliament , to be at his great councell of parliament such a day ( the space from the date of the writ is cōmonly at the least 40. dayes ) he sendeth also writs to the sheriffes of every shire , to admonish the whole shire to chuse two knights of the parliament in the name of the shire , to heare , and reason , and to give their advice and consent in the name of the shire , and to be present at that day : likewise to every citty and towne , which of ancient time hath been wont to find burgesses of the parliament , so to make election that they may be present at the first day of the parliament . the knights of the shire be chosen by all the gentlemen and yeomen of the shire , present at the day assigned for the election 〈◊〉 voyce of any absent can be counted for none . yeomen i call here ( as before ) that may dispend at the least 40s . of yearly rent of free land of his own . these meeting at one day , the two who have the more of their voyces , be chosen knights of the shire for that parliament : likewise by the plurality of the voyces of the cittizens & burgesses , be the burgesses elected . the first day of the parliament the prince and all the lords in their robes of parliament doe meet in the higher house , where after prayers made , they that be present are written , and they that be absent upon sicknesse , or some other reasonable cause , ( which the prince will allow ) doe constitute under their hand and seale , some one of these who be present , as their procurer , or atturney , to give voyce for them , so that by presence or atturney and proxy they be all there , all the princes and barons , and all arch-bishops and bishops , and ( when abbots were ) so many abbots as had voyce in parliament . the place where the assembly is , is richly tapessed and hanged , a princely and royall throne as appertaineth to a king , set in the midst of the higher place thereof . next under the prince sitteth the chancellor , who is the voyce and orator of the prince . on the one side of that house or chamber , sitteth the arch-bishops & bishops each in his ranke ; on the other side the dukes and barons . in the midst thereof upon woolsacks sit the iudges of the realme , the master of the rolles , and the secretaries of state . but these that sit on the woolsacks have no voyce in the house , but only sit there to answer their knowledge in the law , when they be askt if any doubt arise among the lords . the secretaries doe answer of such letters or things passed in councell whereof they have the custody and knowledge , and this is called the vpper house , whose consent and dissent is given by each man severally , and by himselfe , first for himselfe , and then severally for as many as he hath letters and proxies , when it cometh to the question , saying only content or not content , without farther reasoning or replying . in this mean time the knights of the shires , and burgesses of the parliament ( for so they are called that have voyce in parliament , and are chosen as i have said before to the number betwixt three and foure hundred ) are called by such as it pleaseth the prince to appoynt , into an open great house or chamber by name , to which they answer : and declaring for what shire or town they answer , then they are willed to choose an able and discreet man , to be as it were the mouth of them all , and to speak for , and in the name of them , and to present him so chosen by them to the prince : which done they comming all with him to the barre , which is at the nether end of the upper house , there he first prayseth the prince , then maketh his excuse of inability , and prayeth the prince that he would command the commons to choose another . the chancellor in the princes name doth so much declare him able , as he did declare himselfe unable , and thanketh the commons for choosing so wise discreet and eloquent a man , and willeth them to goe and consult of lawes for the common-wealth . then the speaker maketh certain requests to the prince in the name of the commons , first , that his majesty would be content , that they may use and injoy all their liberties & priviledges that the commons house was wont to injoy . secondly , that they may frankly and freely say their minds in disputing of such matters as may come in question , and that without offence to his majesty . thirdly , if any should chance of that lower house to offend , or not to doe or say as should become him , or if any should offend any of them being called to that his majesties highnesse court , that they themselves ( according to the ancient custome ) might have the punishment of them . and fourthly , that if there came any doubt whereupon they shall desire to have the advice , or conference with his majesty , or with any of the lords , that they might doe it ; all which he promiseth in the commons names , that they shall not abuse , but have such regard , as most faithfull , true , and loving subjects ought to have to their prince . the chancellor answereth in the princes name as appertaineth . and this is all that is done for one day , and sometimes for two . besides the chancellor , there is one in the upper house , who is called the clarke of the parliament , who readeth the bills . for all that commeth in consultation either in the upper house , or in the neather house , is put in writing first in paper , which being once read he that will , riseth up , and speaketh with it or against it , and so one after another so long as they shall thinke good : that done , they go to another , & so to another bill . after it hath been once or twice read , and doth appeare that it is somewhat liked as reasonable , with such amendment in words and peradventure some sentences , as by disputation seemeth to be amended , in the upper house the chancellor asketh , if they will have it ingrossed , that is to say , put into parchment : which done ; & read the third time , and that eft-soones , if any be disposed to objected , disputed againe among them , the chancellor asketh if they will go to the question ; and if they agree to go to the question , then he saith , here is such a law , or act concerning such a matter , which hath been thrice read here in this house , are ye content that it be enacted or no ? if the not contents be more , then the bill is dashed , that is to say , the law is annihilated , and goeth no farther . if the contents be the more , then the clarke writeth underneath : soit baille aux commons . and so when they see time , they send such bills as they have approved , by two or three of those which doe sit on the wool-sacks to the commons , who asking licence , and comming into the house with due reverence , saith to the speaker : maister speaker , my lords of the upper house , have passed among them , and thinke good that there should be enacted by parliament such an act , & such an act , and so readeth the titles of that act or acts. they pray you to consider of them , & shew them your advise ; which done , they go their way . they being gone , and the doore againe being shut , the speaker rehearseth to the house what they said . and if they be not busie disputing at the time in another bill , he asketh them straight way , if they will have that bill , or ( if there be moe ) one of them . in like manner in the lower house , the speaker sitting in a seat or chayre for that purpose , somewhat higher , that he may see , and be seene of them all , hath before him in a lower seat his clarke , who readeth such bills as be first propounded in the lower house , or be sent down from the lords . for in that point each house hath equall authority to propound what they thinke meet , either for the abrogating of some law made before , or for making of a new . all bills be thrice in three divers dayes read , and disputed upon before they come to question . in the disputing is a marvailous good order used in the lower house . he that standeth up bare-headed , is understanded that he will speake to the bill . if more stand up , who that is first judged to arise , is first heard , though the one doe praise the law , the other disswade it , yet there is no alteration . for every man speaketh as to the speaker , not as one to another , for that is against the order of the house . it is also taken against the order to name him , whom ye doe confute , but by circumlocution , as he that speaketh with the bill , or he that speaketh against the bill , and gave this and this reason . and so with perpetuall oration , not with alteration , he goeth through till he have made an end . he that once hath spoken in a bill , though he be confuted strait , that day may not reply , no though he would change his opinion . so that to one bill in one day , one may not in that house speake twice , for else one or two with alteration would spend all the time ; the next day he may , but then also but once . no reviling or nipping words must be used . for then all the house will cry 't is against the order , and if any speake irreverently or seditiously against the prince or the privy counsell , i have seene them not only interrupted , but it hath been moved after to the house , and they have sent them to the tower . so that in such a multitude , and in such a diversity of minds , and opinions , there is the greatest modesty and temperance of speech that can be used . neverthelesse with much dulce and gentle termes , they make their reasons as violent , and as vehement the one against the other , as they may ordinarily , except it be for urgent causes , and hasting of time . at the afternoone they keep no parliament . the speaker hath no voice in the house , nor will they suffer him to speake in any bill to move or disswade it . but when any bill is read , the speakers office is , as briefly and as plainly as he may , to declare the effect thereof to the house . if the commons doe assent to such bills as be sent to them , first agreed upon from the lords thus subscribed , les commons ont assentus ; so if the lords doe agree to such bills as be first agreed upon by the commons , they send them downe to the speaker , thus subscribed , les seigneurs ont assentus : if they cannot agree , the two houses ( for every bill from whence soever it doth come is thrice read in each of the houses ) if it be understood that there is any sticking , sometimes the lords to the commons , sometimes the commons to the lords doe require that a certaine of each house may meet together , and so each part be informed of others meaning , and this is alwayes granted . after which meeting for the most part , not alwayes , either part agrees to others bills . in the upper house they give their assent and dissent each man severally by himselfe ; first for himselfe , and then for so many as he hath proxy . when the chancellor hath demanded of them , whether they will go to the question , after the bill hath been thrice read ? they saying only content or not content , without further reasoning or replying , and as the more number doth agree , so is it agreed on or dashed . in the neather house none of them that is elected , either knight or burgesse can give his voyce to another , nor his consent or dissent by proxy . the more part of them that be present only maketh the consent or dissent . after the bill hath been twice read , and then ingrossed , and est-soones read and disputed on enough as is thought , the speaker asketh , if they will go to the question , and if they agree ? he holdeth the bill up in his hand , and saith , as many as will have this bill go forward , which is concerning such a matter , say , yea . then they which allow the bill , cry yea , and as many as will not , say no : as the cry of yea , or no is bigger , so the bill is allowd or dashed . if it be a doubt which cry is bigger , they divide the house , the speaker saying , as many as doe allow the bill , go downe with the bill , and as many as doe , not sit still . so they divide themselves , and being so divided , they are numbred who made the more part , and so the bill doth speed . it chanceth sometime that some part of the bill is allowed , some other part hath much controversie and doubt made of it , and it is thought if it were amended it would go forward . then they chuse certaine committees of them who have spoken with the bill , and against it , to amend it , and bring it again so amended , as they amongst them shall think meet : and this is before it is ingrossed , yea and sometime after . but the agreement of these committees is no prejudice to the house . for at the last question they will accept it or dash it , as it shall seem good , notwithstanding that whatsoever the committees have done . thus no bill is an act of parliament , ordinance , or edict of law , untill both the houses have severally agreed unto it after the order aforesaid , no nor then neither . but the last day of that parliament or session , the prince cometh in person in his parliament robes , and sitteth in his state , all the upper house sitteth about the prince in their states and order in their robes . the speaker with all the commons house cometh to the barre , and there after thanks-giving first in the lords name by the chancellor &c. and in the commons name by the speaker to the prince , for that he hath so great care of the government of his people , and for calling them together to advise of such things as should be for the reformation ; establishing and ornament of the common-wealth . the chancellor in the princes name giveth thankes to the lords and commons , for their pains and travailes taken , which he the said prince will remember and recompence when time and occasion shall serve , and that he for his part is ready to declare his pleasure concerning their proceedings , whereby the same may have perfect life and accomplishment , by his princely authority , and so have the whole consent of the realme . then one reads the titles of every act , which hath passed at that session , but only in this fashon : an act concerning such a thing , &c. it is marked there what the prince doth allow , and to such he saith le roy , or la royn le vults and those be taken now as perfect lawes , and ordinances of the realme of england , and none other , and as shortly as may be put in print , except it be some private cause , or law made for the benefit or prejudice of some private man , which the romans were wont to call privilegia . these be only exemplified under the seale of the parliament , and for the most part not printed . to those which the prince liketh not he answereth le roy or la royne saduisera , and those be accounted utterly dasned and of none effect . this is the order and forme of the highest and most authenticall court of england , by virtue whereof all those things be established whereof i spake before , and no other means accounted availeable to make any new for feiture of life , member , or lands of any english man , where there was no law ordained for it before . king iames his declaration to both houses at white-hall , of the kings power in the parliament of scotland in making lawes . march 31. 1607. it hath been objected as another impediment , that in the parliament of scotland the king hath not a negative voyce , but must passe all the lawes agreed on by the lords and commons . of this i can best resolve you , for i am the eldest parliament man in scotland , and have sate in more parliaments then all my predecessors . i can assure you , that the forme of parliament there is nothing inclined to popularity . about a twenty dayes or such a time before the parliament , proclamation is made through the kingdom , to deliver into the kings clark of register ( whom ye here call the master of the rolles ) all billes to be exhibited that sessions , before a certain day . then are they brought unto the king , and perused and considered by him ; and only such as i allow of are put into the chancellors hands , to be propounded to the parliament and none others . and if any man in parliament speak of any other matter , then is in this forme first allowed by me , the chancellor tells him there is no such bill allowed by the king . besides when they have passed them for lawes , they are presented unto mee , and i with my scepter put into my hand by the chancellor , must say , i ratify and approve all things done in this present parliament : and if there be any thing that i dislike they race it out before : if this may be called a negative voyce ; then i have one i am sure in that parliament . if i have spoken evill bear witnesse of the evill , but if well , why smitest thou mee ? ioh. 18. 23. if i have said any thing amisse tell me . eras. paraph. finis . iames by the grace of god king of england, scotland, france and ireland, defender of the faith &c. ... whereas iohn pinnell, robert trow, robert baxter, edward frier [and 18 others] ... makers of playing cards within our realme of england ... england and wales. sovereign (1603-1625 : james i) 1615 approx. 23 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-05 (eebo-tcp phase 1). a22119 stc 8525 estc s3818 33151033 ocm 33151033 28877 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22119) transcribed from: (early english books online ; image set 28877) images scanned from microfilm: (early english books, 1475-1640 ; 1875:75) iames by the grace of god king of england, scotland, france and ireland, defender of the faith &c. ... whereas iohn pinnell, robert trow, robert baxter, edward frier [and 18 others] ... makers of playing cards within our realme of england ... england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. suffolk, thomas howard, earl of, 1561-1626. copie of the lord treasourers letter. 4 leaves. by robert barker, [london : 1615] title and other title information from first 6 lines of text. imprint suggested by stc (2nd ed.). "witnesse our selfe at westminster the one and twentieth day of iuly, in the thirteenth yeere of our raigne of england, france and ireland, and of scotland the eight and fortieth." includes additonal page with "the copie of the lord treasourers letter", signed and dated, "from northampton house the 29. of october 1615. tho. suffolke". reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng cognisby, richard, -sir. playing card industry -great britain -early works to 1800. playing cards -law and legislation -great britain -early works to 1800. great britain -history -james i, 1603-1625. broadsides -london (england) -17th century. 2003-12 tcp assigned for keying and markup 2004-01 spi global keyed and coded from proquest page images 2004-02 mona logarbo sampled and proofread 2004-02 mona logarbo text and markup reviewed and edited 2004-04 pfs batch review (qc) and xml conversion honi ✚ soit ✚ qvi ✚ mal ✚ y ✚ pense ✚ royal blazon or coat of arms iames by the grace of god king of england , scotland , france and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . whereas , iohn pinnell , robert trow , robert baxter , edward frier , george batch , salomon law , thomas bee , edward pigget richard windar , peter edwards , edward heather , iohn harlow , iohn achley , iohn iames , edward strensham , thomas ghostlee , thomas radnor , richard lucke , william pedel , william eley , iasper coard , iohn hostler , and others , makers of playing cards within our realme of england , haue by their humble petition lately shewed , and complained , that these being naturall borne subiects of our realme of england , trained and brought vp in the art trade and skill of making of playing cards within this kingdome , and whereon their onely maintenance and meanes to liue dependeth , haue bene , and still are much decayed and impouerished in their said trade by the importation , conueying and bringing of playing cards into our said realme of england , from sundry the parts beyond the seas ▪ whereby not onely many of our poore subiects of that , & other trades , do want those meanes whereby they were formerly set on worke , but other our louing subiects also by the said cards deceitfully made in the said parts beyond the seas , and imported and sold in this our realme , are greatly deceiued to their no small hurt and damage : for reformation whereof the said makers of playing cards , for themselues and others , haue humbly petitioned vs , to nominate and appoint some fit and discreet person , for to view , search , scale and allow , aswel of all such playing cards , as shall be hereafter made within our realme of england and dominions thereof , as of all such playing cards , as shall hereafter be conueyed , imported , or brought into our said realme and dominions thereof , from any the parts beyond the seas ; voluntarily offering , that if they the said cardmakers or any of them , or any others by their meanes or procurement , shall at any time hereafter deceitfully make , or cause to be made any playing cards , and the same shall sell or offer and put to sale , that then all such cards should become wholy forfeited vnto vs : whereby the said frauds and abuses now practized , might be taken away , and the said cardmakers of this our realme much relieued . and whereas the said makers of playing cards before named , haue made choice of sir richard cognisby knight , one of our gentlemen vshers in ordinarie , for the viewing , searching , scaling and allowing of all such playing cards as shal be hereafter made within , or be imported into this our realme , or the dominions thereof : and haue alreadie granted and assured vnto the said sir richard for the terme of one and twentie yeeres , fiue shillings vpon euery grosse of playing cards by them or any of them , to be hereafter made & vttered within this our realme or the dominions thereof , in recompence of the paines , care and attendance of the said sir richard , or his deputies , in and about the viewing , searching , sealing and allowing of the same playing cards , to bee from time to time made and vttered within this our realme or the dominions thereof . and the said cardmakers of this our realme haue further humbly prayed , that for the better repressing of the importation into this our realme of the said playing cards deceitfully made in the parts beyond the seas , we would be pleased to impose , lay , and cause to beleuied to our owne vse the ●ike summe of fiue shillings , for and vpon euery grosse of the said playing cards to be so imported , brought in , and conueyed ●nto this our realme or the dominions thereof as aforesaid . and that the same playing cards so to be imported , might ●irst be viewed , searched sealed and allowed by the said sir richard cognisby , or his deputies , before the same should be vttered , ●old , or put to sale within our said realme , and the dominions thereof . and whereas wee much commiserating the de●ayed estates of our said poore subiects , referred the consideration of their petition to thomas earle of suffolke our high treasourer of england , henry late earle of northampton deceased , and edward earle of worcester master of our horse , then our commissioners of and for our treasurie , who hauing duely considered of the contents of the said petition , gaue like●ng and passage thereunto , so as the same might not preiudice the then treatie with the french. and for their better satis●action in that behalfe , referred the same to the consideration of sir iulius caesar knight , then chancellour of our court of ex●hequer , sir thomas parry knight , chancellour of our duchie of lancaster , and sir daniel dun knight one of our masters of requests : who thereupon certified that there was nothing in the last treatie with the french , which did or might impeach ●he said suite of the said cardmakers , and that thereby good profit might arise to vs without damage to our subiects of ●his our realme . and whereas wee affecting the reliefe of our said subiects the cardmakers , and the better to represse ●nd restraine the excessiue importation of playing-cards into this our said realme , from the parts beyond the seas , by our letters giuen vnder our priuie seale at our mannour of greenwich , the foure and twentieth day of iune last before ●he date hereof , directed to our right trustie and right welbeloued cousin and councellour thomas earle of suffolke , lord ●igh treasurer of england , haue ordained , appointed and commanded at the humble suite of the said cardmakers , and ●or other considerations vs especially moouing , that there shal be leuied , receiued and taken , to the vse of vs , our heires ●nd successors by way of imposition thereby newly set and imposed ( ouer and besides the customes , subsidies , dueties and ●ummes of money then before due payable and answerable ) the summe of fiue shillings of lawfull english money , for and 〈◊〉 respect of euery grosse of playing-cards , which from and after the twentieth day of iuly then next comming , should ●appen to be brought from any the parts beyond the seas into our realme of england , dominion of wales , or port or towne of berwicke , by any person or persons , englishmen , denizens or strangers , to the end to be vttered , sold or put to sale , as by the same our letters more at large it doth and may appeare . novv knovv ye , that we minding the reformation of the aforenamed frauds and abuses , and to the intent that the said cardmakers our naturall borne subiects may againe be more freely set on worke , and imployed in the trade and course of life , wherein they haue bene trained vp , and exercised . and for the better effecting of all the premisses , according to the humble petition of the same our poore subiects in that behalfe , we doe by these presents for vs , our heires and successors ordaine , constitute , make and appoint one office , of and for the viewing , searching , sealing and allowing of all , and all maner of playing-cards whatsoeuer , aswell of such as shall from time to time be made by the aforenamed cardmakers , or any other person or persons whatsoeuer , within this our realme of england , and dominions thereof ; as also of such playing-cards as shall from time to time be made in any the parts beyond the seas , and imported , conueyed , or brought into this our said realme of england , dominion of wales , port and towne of berwicke , to be there vttered , sold or put to sale . and out of the good opinion and confidence we haue of the fidelitie , iudgement and industrie of the said sir richard cognisby in this behalfe , and at the desire of our said subiects the cardmakers , we do create , make , constitute and appoint by these presents , for vs , our heires and successors , the said sir richard cognisby to be the sole officer of , and for the viewing , searching , sealing and allowing of all and all maner of playing cards whatsoeuer , aswell of such as shall from time to time be made by the said cardmakers , or any other person or persons whatsoeuer , within our said realme of england and dominions thereof , as of such playing cards as shall from time to time be made in any the parts beyond the seas , and imported conueyed or brought into this our realme of england , dominion of wales , port or towne of berwicke , from and after the twentieth day of iuly next comming after the date hereof , to be vttered , sold or put to sale as aforesaid . and him the said sir richard cognisby , viewer , searcher , sealer and allower of all and all maner of playing-cards , made and to be made within this realme , and the dominions thereof : or made and to bee made in any the parts beyond the seas , and to be imported within this realme , after the time before limitted , wee doe firmely make and ordeine by these presents , to have , hold , exercise and enioy the said office of viewing , searching , sealing and allowing of all and all maner playing-cards as aforesaid , to the said sir richard cognisby his executors and assignes , to be vsed , occupied and exercised by him or themselues , or by his or their sufficient deputie or deputies , from the date of these presents , for and during the terme , and vnto the full ende and expiration of one and twentie yeeres , from thence next ensuing , and fully to be complete and ended : he the said sir richard cognisby , his executors or assignes , hauing , taking and perceiuing for the exercise of the same office , the summes , formerly to him and them granted by our foresaid subiects the cardmakers , at whose instance we haue granted vnto him the said office as aforesaid . and fvrther , know ye , that we , for and in full satisfaction of the summe of one thousand and eight hundred pounds of lawfull money of england by vs owing , and due vnto the said sir richard cognisby : which said summe hee the said richard doeth by these presents fully and freely renounce and relinquish : and for and in the consideration of the surrender of certaine letters patents of speciall license heretofore to him granted by the late queene elizabeth our deare sister , of , and for the sole transportation of tinne into the parts beyond the seas , during the life of the said sir richard cognisby : and for the true and faithfull seruice which the said sir richard hath for the space of many yeeres performed to our late deare sister , and sithence to our selfe . and in consideration of the rent hereby reserued , and yeerely payable to vs , our heires and successors : of our especiall grace , certaine knowledge and meere motion , we haue giuen and granted , and by these presents for vs , our heires and successors , doe giue and grant vnto the said sir richard cognisby , his executors , administrators and assignes the said imposition , duetie or summe of fiue shillings to be leuied , receiued and taken as aforesaid , for & in respect of euery grosse of playing-cards , which from and after the said twentieth day of iuly next comming after the date of these presents , shall happen to be brought from any the parts beyond the seas into our said realme of england , dominion of wales , or port or towne of berwicke , by any person or persons , englishmen , denizens or strangers , to be vttered , sold , or put to sale within this realme , and the dominions thereof , as aforesaid . to have hold , aske , demaund , leuie , take , perceiue , receiue and enioy the said imposition , duetie or summe of fiue shillings , for , and vpon euery grosse of playing-cards so to be imported , conueyed and brought into this realme of england , dominion of wales , port or towne of berwicke , or any of them as aforesaid , with all and singuler profits , commodities , aduantages , benefits and emoluments thereunto belonging , happening , renewing , incident or appertayning , in as large , ample and beneficiall maner and forme to all intents , constructions and purposes , as wee , our heires or successors may , might , should or ought to haue , take , receiue and enioy the same , if this our present grant had not bene had nor made , for and during the the terme of one and twentie yeeres from the date of these presents , next and immediatly ensuing , and fully to be complete and ended . yeelding and paying yeerely to vs , our heires and successors , during the said terme by these presents granted , for and in respect of the imposition and duetie aforesaid , the yeerely rent or summe of two hundred pounds of lawfull money of england , into the receipt of our exchequer at the feasts of s. michael the archangel , and the annunciation of the blessed virgin mary , by euen and equall portions . and if it shall happen the said yeerely rent or summe of two hundred pounds , or any part or parcell thereof to be behinde and vnpayd , in part or in all , by the space of threescore dayes next after either of the said feast dayes , wherein the same ought to be payd , that then , and from thencefoorth , this our present grant or demise of the said imposition and duetie before mentioned , and euery clause or thing concerning or touching the same only , shal be vtterly voyd and of none effect . any thing to the contrary thereof in these presents notwithstanding . and wee doe hereby expresse and signifie our pleasure , and doe straightly charge and forbid all maner of person and persons whatsoeuer , that they nor any of them shall attempt or presume by any wayes or meanes whatsoeuer , directly or indirectly to buy , bargaine for , acquire or get into their hands , or to sell , vtter , or put to sale , either in grosse , or by retaile any maner of playing-cards whatsoeuer , within this our realme of england , dominion of wales , port and towne of berwicke , or any of them to be made within our said realme and dominions thereof , or otherwise from and after the said twentieth day of iune next comming , to bee imported into the same from any the parts beyond the seas : before the same playing-cards be viewed , searched and allowed by the said sir richard cognisby , his executors , administrators , deputies , seruants , agents or assignes , and sealed with a seale or stampe to be for that purpose made , appointed and kept by the said sir richard cognisby , his executors , administrators , deputies , assignes or agents , vnlesse the said sir richard , his executors , administrators , deputies , agents or assignes , shall wilfully refuse or neglect to seale the same , vpon paine of our high displeasure , and the losse and forfeiture of the same , to be seized and taken by the said sir richard , his executors , administrators , deputies and assignes , in the name of vs , our heires and successors : the one moitie whereof to be to the vse of vs , our heires and successors , and the other moitie to the said sir richard cognisby , his executors , administrators and assignes , without rendring therefore to vs , our heires and successors , any accompt , recompence or other thing for the same . and for the better execution of this our present grant , wee will and grant to the said sir richard cognisby , his executors , administrators and assignes , that the said sir richard , his executors , administrators deputies , seruants and assignes , shall haue conuenient place in the custome house of london , and in all other custome houses and places of lading and vnlading of wares elsewhere within our realme of england , or any the dominions of the same , there at his or their pleasure to be present and attendant , and to haue , receiue , collect , and enioy the saide imposition of fiue shillings , for and vpon euery grosse of playing-cards to be imported and brought into this our said realme of england , or the dominions thereof , from and after the said twentieth day of iuly next comming . and that it shall and may be lawfull to and for the said sir richard cognisby , his executors , administrators , deputies , seruants or assignes , being accompanied with a constable , or any other our officers for the time being , in lawfull maner from time to time during the terme by these presents granted : and at all times meet and conuenient to enter aswell into any house , shop , celler , warehouse , roome or place : as also into any ship , vessell , boate or bottome , to view and search for all maner of playing cards whatsoeuer , that shall from and after the date of these presents , be made or imported into this our said realme , or the dominions thereof : and there sold , vttered or put to sale in grosse , or by retaile by any person or persons whatsoeuer ; before the same playing-cards shal be first viewed , searched , sealed and allowed by the said sir richard cognisby , his executors , administrators , deputies , agents or assignes : and before the said imposition of fiue shillings for and vpon euery grosse of the said cards to be imported , from and after the said twentieth day of iuly next comming , shall be payd or compounded for , to or with the said sir richard cognisby , his executors , administrators , deputies , agents or assignes . and to take and seaze the same to the vse and intent aforesaid . and fvrther , we doe straightly charge and command all and euery person and persons merchants , denizens or strangers whatsoeuer , that they or any of them doe not attempt or presume to vnship discharge , vnlade , or lay on land any of the said playing-cards , to be imported and brought into this our said realme of england , dominion of wales , port or towne of berwicke , or any of them , from any the parts beyond the seas , from and after the twentieth day of iuly next comming , before such time as the said imposition of fiue shillings , for and vpon euery grosse of the said playing-cards so to be imported as aforesaid , be duely answered , payd or compounded for . and the same viewed , searched , sealed and allowed by the said sir richard cognisby , his executors , administrators , deputies , seruants or assignes , or some or one of them , vpon paine that euery person or persons , merchants , denizens or strangers whatsoeuer that shall vnlade , or lay on land any of the said playing-cards , during the terme hereby granted before the said imposition be duely answered , payed or compounded for , to and with the said sir richard cognisby , his executors , administrators , deputies , agents or assignes : shall forfeit and loose the same so vnshipped , vnladen , or layd on land , contrary to the intent and meaning of these presents . the one moitie of all which forfeitures to be to vs , our heires and successors : and the other moitie thereof to be to the said sir richard cognisby , his executors , administrators and assignes , without any accompt thereof to vs , our heires or successors , to be rendred or payd for the same . and we doe further charge and command all and euery customers , comptrollers , surueyors , searchers , waiters , and other our officers and ministers whatsoeuer , of all and euery the ports , hauens , creekes , members and passages within this our realme of england , or any the dominions of the same , that they or any of them shall not permit , tollerate or suffer , directly or indirectly , any merchant english , denizen or stranger , or other persons whatsoeuer , to discharge , vnlade , or lay on land any playing-cards to be imported , conueyed , or brought from any the parts beyond the seas , into this our said realme of england , or any the dominions of the same , before such time as the said imposition of fiue shillings for , and vpon euery grosse of the same cards be duely answered , paide or compounded for , to and with the said sir richard cognisby , his executors , administrators , deputies , agents or assignes , or some of them . and that the same be first by the said sir richard cognisby , his executors , administrators , deputies , agents or assignes , likewise viewed , searched and allowed , according to our intent , will and meaning herein before declared , as aforesaid . and that if any such playing-cards bee discharged , vnladen or laide on land , that after knowledge thereof , they shall foorthwith , and with all conuenient speed , giue notice thereof to the said sir richard cognisby , his executors , administrators , deputies , seruants or assignes , to the end they may haue , and take the benefit of this our grant , vpon paine of our high displeasure , and of such forfeiture , paine and punishment , as by the lawes of our realme , can or may be inflicted vpon them , and euery of them in that behalfe . and fvrther , wee will and command by these presents , all maiors , iustices of peace , shiriffes , bayliffes , constables , and other our officers and ministers to whom , and in that behalfe it shall appertaine , that they and euery of them bee aiding and assisting to the said sir richard cognisby , his executors , administrators , deputies , assignes and agents , in the due execution of these our letters patents . and that they nor any of them doe any way hinder , molest , interrupt or let the said sir richard cognisby , his executors , administrators , deputies , assignes or agents , or any of them concerning the premisses , as they tender our displeasure , and will auoyd our indignation at their vttermost perils . and these our letters patents or th'inrollment thereof , shall be their sufficient warrant and discharge in that behalfe . and we are further pleased , and doe for vs , our heires and successours , of our like especiall grace , certaine knowledge and meere motion , grant by these presents to the said sir richard cognisby , his executors , administrators and assignes , that these our letters patents , shall be taken , construed and adiudged in all and euery of our courts of iustice , or elsewhere , to bee most auaileable for the said sir richard cognisby , his executors , administrators and assignes , against vs , our heires and successors : notwithstanding any incertainties or defects in the same , or any statute , prouision , proclamation , or restraint to the contrary . in witnesse whereof , we haue caused these our letters to be made patents . witnesse our selfe at westminster the one and twentieth day of iuly , in the thirteenth yeere of our raigne of england , france and ireland , and of scotland the eight and fortieth . god save the king . ¶ the copie of the lord treasourers letter . after my heartie commendations : whereas it hath pleased his maiestie to direct a priuie seale to me , touching the imposition of fiue shillings vpon euery grosse of playing cards that shal be imported into this kingdome , or the dominions thereof , by vertue of his maiesties letters patents , granted to sir richard cognisby knight , vnder the great seale of england . in regard whereof , these are to wil and require you , to take notice thereof , and not to suffer any merchant to make any entry of playing cards , vntil the said imposition , be payed , according to the said letters patents . prouided that the patentees giue caution for maintayning the custome and impost , according to a medium thereof to bee made , as in such cases is vsed . and so hauing signified his maiesties pleasure to you in that behalfe , i bid you heartily farewell . from northampton house the 29. of october 1615. your louing friend , tho. suffolke . orders, thought meete by his maiestie, and his priuie counsell, to be executed throughout the counties of this realme, in such townes, villages, and other places, as are, or may be hereafter infected with the plague, for the stay of further increase of the same also, an aduise set downe by the best learned in physicke within this realme, containing sundry good rules and easie medicines, without charge to the meaner sort of people, aswel for the preseruation of his good subiects from the plague before infection, as for the curing and ordering of them after they shalbe infected. england and wales. sovereign (1603-1625 : james i) 1603 approx. 37 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a22700 stc 9209 estc s100731 99836561 99836561 842 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22700) transcribed from: (early english books online ; image set 842) images scanned from microfilm: (early english books, 1475-1640 ; 1136:23) orders, thought meete by his maiestie, and his priuie counsell, to be executed throughout the counties of this realme, in such townes, villages, and other places, as are, or may be hereafter infected with the plague, for the stay of further increase of the same also, an aduise set downe by the best learned in physicke within this realme, containing sundry good rules and easie medicines, without charge to the meaner sort of people, aswel for the preseruation of his good subiects from the plague before infection, as for the curing and ordering of them after they shalbe infected. england and wales. sovereign (1603-1625 : james i) james i, king of england, 1566-1625. england and wales. sovereign (1558-1603 : elizabeth i). england and wales. privy council. [24] p. by robert barker, printer to the kings most excellent maiestie, imprinted at london : anno 1603. dated on a2v: 30. of iuly. 1603. signatures: a-c⁴. a reprint of "orders, thought meete by her majestie, and her privie councell, to be executed throughout the counties of this realme, in such townes, villages, and other places, as are, or may be hereafter infected with the plague, for the stay of further increase of the same", [1578?]. reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on 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text creation partnership web site . eng plague -great britain -early works to 1800. plague -prevention -early works to 1800. plague -treatment -early works to 1800. 2006-03 tcp assigned for keying and markup 2006-03 aptara keyed and coded from proquest page images 2006-05 emma (leeson) huber sampled and proofread 2006-05 emma (leeson) huber text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion ❧ orders , thought meete by his maiestie , and his priuie counsell , to be executed throughout the counties of this realme , in such townes , villages , and other places , as are , or may be hereafter infected with the plague , for the stay of further increase of the same . also , an aduise set downe by the best learned in physicke within this realme , containing sundry good rules and easie medicines , without charge to the meaner sort of people , aswel for the preseruation of his good subiects from the plague before infection , as for the curing and ordering of them after they shal be infected . ¶ jmprinted at london by robert barker , printer to the kings most excellent maiestie . anno 1603. ¶ orders , thought meete by his maiestie and his priuie counsell , to be executed throughout the counties of this realme , in such townes , villages , and other places as are , or may be hereafter infected with the plague , for the stay of further increase of the same . as the most louing and gracious care of his maiestie for the preseruation of his people , hath already bene earnestly shewed and declared by such meanes and wayes as were thought expedient to suppresse the grieuous infection of the plague , and to preuent the increase thereof , within the city of london , and parts about it ; so whatsoeuer other good meanes may be yet remayning which may extend and proue behouefull to the countrey abroad ( where his maiestie is sory to vnderstand that the contagion is also in many places dispersed ) it is likewise his gracious pleasure that the same bee carefully prouided and put in practise . and therefore hauing taken knowledge of certaine good orders that were vpon like occasion published in times past ; together with certaine rules and medicines prescribed by the best and most learned physicians ; and finding both of them , to serue well for the present time , his maiestie is pleased that the same shal be renewed and published : and withall straightly commandeth all iustices of the peace & others to whom it may appertaine , to see the said orders duely executed . at the court at hampton court this 30. of iuly . 1603. in primis , all the iustices in euery countie , aswell within the liberties as without , immediatly vpon knowledge to them giuen , shall assemble themselues together at some one generall place accustomed , being cleare from infection of the plague , to consult howe these orders following may bee duely put in execution , not meaning that any iustices dwelling in or neere places infected , shall come thither , whiles their comming may be doubtfull . and after their first generall assembly , they shall make a distribution of themselues to sundry limits and diuisions , as in other common seruices of the countie they are accustomed to doe , for the prosecution thereof . 2 first they shall inquire , and presently informe themselues by all good meanes , what townes and villages are at the time of such assemblie infected within euery their counties , and in what hundred or other diuision , the sayde townes and villages are , and how many of the same places so infected are corporate townes , market townes and villages , and shall consider of what wealth the inhabitants of the same townes and parishes are , to bee able to relieue the poore that are or shall be infected , and to be restrained in their houses . 3 item , thereupon after conference vsed according to the necessitie of the cause , they shall deuise and make a generall taxation , either by charging the towne infected with one summe in grosse , or by charging the speciall persōs of wealth within the same , to be forthwith collected for the rate of one moneth at the first , and so if the sickenesse shal continue , the collection of y e like summe , or of more or of lesse , as time and cause shall require , and the same to be euery first , second , third , or fourth weeke employed to and for the execution of the sayd orders . and in case some of the said townes infected shall manifestly appeare not to be of sufficient abilitie to contribute sufficient for the charges requisite , then the taxation or collection shall bee made or further extended to other parts , or in any other further limits , as by them shall be thought requisite where there shall bee any such townes or villages so infected , and vnable to relieue themselues . and if the said townes be scituated in the borders and confines of any other shire , then as the iustices shall see cause and neede for the greatnesse of the charge requisite , that the parts of the shire ioyning to the townes infected be not able , they shall write their letters to the next iustices of the other shire so confining , to procure by collection some reliefe , as in like cases they are to relieue them , in respect of neere neighbourhood of the place , and for that the same infection may bee the better stayed from the sayd adioyning places , though they be separated by name of the countie . 4 item , they shall cause to be appointed in euery parish aswell infected as not infected , certaine persons to viewe the bodies of all such as shall die , before they be suffered to be buried , and to certifie the minister of the church and church-warden , or other principall officers , or their substitutes of what probable disease the sayd persons died : and the said viewers , to haue weekely some allowance , & the more large allowance where the townes or parishes bee infected , during the infection , towards their maintenance , to the ende they which shall bee in places infected , may forbeare to resort into the company of others that are sound : and those persons to bee sworne to make true report according to their knowledge , and the choise of them to be made by direction of the curate of the church , with three or foure substantiall men of the parish . and in case the sayde viewers either through fauor or corruption , shall giue wrong certificate , or shall refuse to serue being thereunto appointed , then to cause them to be punished by imprisonment , in such sort as may serue for a terrour to others . 5 item , the houses of such persons out of the which there shall die any of the plague , being so certified by the viewers , or otherwise knowen , or where it shall bee vnderstood , that any person remaineth sicke of the plague , to be closed vp on all parts during the time of restraint , viz. sixe weeks , after the sicknesse be ceased in the same house , in case the said houses so infected shall be within any towne hauing houses neere adioyning to the same . and if the infection happen in houses dispersed in villages , and seperated from other houses , and that of necessitie , for the seruing of their cattell , and manuring of their ground , the saide persons cannot continue in their houses , then they to be neuerthelesse restrained from resorting into company of others , either publikely or priuately during the saide time of restraint , and to weare some marke in their vppermost garments , or beare white rods in their handes at such time as they shall goe abroad , and if there be any doubt that the masters and owners of the houses infected , will not duely obserue the directions of shutting vp their doores , specially in the night , then shal there be appointed two or three watchmen by turnes , which shal be sworne to attend and watch the house , and to apprehend any person that shall come out of the house contrary to the order , and the same persons by order of the iustices , shall be a competent time imprisoned in the stockes in the high way next to the house infected : and furthermore , some speciall marke shall be made and fixed to the doores of euery of the infected houses , and where any such houses shall be iunes or alehouses , the signes shall be taken downe for the time of the restraint , and some crosse or other mark set vpon the place thereof to be a token of the sickenesse . 6 item , they shall haue good regard to chuse honest persons that either shal collect the summes assessed , or shall haue the custodie thereof , and out of the said collection to allot a weekely proportion for the finding of victuall , or fire , or medicines for the poorer sort , during the time of their restraint . and whereas some persons being wel disposed to yeeld almes and reliefe , will be more willing to giue some portions of victual , as corne , bread , or other meate , the same shall be committed to the charge of some special persons , that wil honestly and truely preserue the same , to bee distributed as they shall be appointed for the poore that are infected . 7 item , to appoint certain persons dwelling within the townes infected , to prouide and deliuer all necessaries of victuals , or any matter of watching or other attendance , to keepe such as are of good wealth being restrained , at their own proper costs and charges , and the poore at the common charges : and the sayde persons so appointed to be ordered , not to resort to any publike assembly during the time of such their attēdance , as also to weare some marke on their vpper garment , or to beare a white rod in their hand , to the end others may auoide their company . 8 item , that in the shire towne in euery countie , and in other great townes meete for that purpose , there may bee prouision bespoken and made , of such preseruatiues and other remedies , which otherwise in meaner townes cannot be readily had , as by the physicians shall be prescribed , and is at this present reduced into an aduise made by the physicians , and nowe printed and sent with the sayd orders , which may bee fixed in market places , vpon places vsuall for such publique matters , and in other townes in the bodies of the parish churches , and chappels , in which aduise onely such things are prescribed , as vsually are to bee had and found in all countreys without great charge or cost . 9 item , the ministers and curates , and the churchwardens in euery parish , shall in writing certifie weekely to some of the iustices , residing within the hundred or other limit where they serue , the number of such persons as are infected and do not die , and also of all such as shal die within their parishes , and their diseases probable wherof they died , and the same to be certified to the rest of the iustices at their assemblies , which during some conuenient time would be euery one and twenty dayes , and thereof a particular booke kept by the clerke of the peace or some such like . 10 item , to appoint some place apart in each parish for the buriall of such persons as shall die of the plague , as also to giue order that they bee buried after sunne setting , and yet neuertheles by day light , so as the curate bee present for the obseruation of the rites and ceremonies prescribed by the law , foreseeing as much as conueniently he may , to be distant from the danger of infection of the person dead , or of the company that shall bring the corpse to the graue . 11 item , the iustices of the whole countie to assemble once in one & twenty dayes , to examine whether those orders bee duely executed , and to certifie to the lords of the priuie councell their proceedings in that behalfe , what townes and villages be infected , as also the numbers of the dead , and the diseases whereof they died , and what summes of money are taxed and collected to this purpose , and how the same are distributed . 12 item , the iustices of the hundred , where any such infection is , or the iustices next adioyning thereunto , to assemble once a weeke , to take accompt of the execution of the said orders , & as they finde any lacke or disorder , either to reforme it themselues , or to report it at the generall assemblie there , to bee by a more common consent reformed . 13 item , for that the contagion of the plague groweth and encreaseth no way more , then by the vse and handling of such clothes , bedding and other stuffe as hath been worne and occupied by the infected of this disease , during the time of their disease : the sayd iustices shall in the places infected take such order , that all the said clothes and other stuffe , so occupied by the diseased , so soone as the parties diseased of the plague are all of them either well recouered or dead , be either burnt and cleane consumed with fire , or els ayred in such sort as is prescribed in an especiall article conteined in the aduise set downe by the phisicians . and for that peraduenture the losse of such apparel , bedding and other stuffe to be burnt , may be greater then the poore estate of the owners of the same may well beare : it is thought very good and expedient , if it be thought meete it shall bee burnt , that then the sayd iustices , out of such collections as are to be made within their counties for the reliefe of the poorer sort that bee infected , allow also to them such summe or sums as to them shall be thought reasonable , in recompense of the losse of their sayd stuffe . 14 item , the sayd iustices may put in execution any other orders that by them at their generall assembly shal be deuised and thought meet , tending to the preseruation of his maiesties subiects from the infection : and to the end their care and diligence may the better appeare , they shall certifie in writing the said orders newly deuised : and if any shall wilfully breake and contemne the same or any of the orders herein specified , they shal either presently punish them by imprisonment , or if the persons so contemning them , shall be of such countenance as the iustices shall thinke meete to haue their faults knowen to his maiestie , or to the councell , they shall charge and bind them to appeare before vs , and the contempt duely certified , that there may be a more notorious sharpe example ▪ made by punishment of the same by order of his maiestie . 15 item , if there be lacke of iustices in some parts of the shire , or if they which are iustices there shall be for the time absent , in that case the more number of the iustices at their assembly shall make choice of some conuenient persons to supplie those places for the better executiō hereof . 16 item , if there be any person ecclesiasticall or laye , that shall hold and publish any opinions ( as in some places report is made ) that it is a vain thing to forbeare to resort to the infected , or that it is not charitable to forbid the same , pretending that no person shall die but at their time prefixed , such persons shall be not onely reprehended , but by order of the bishop , if they bee ecclesiasticall , shall be forbidden to preach , and being lay , shall be also enioyned to forbeare to vtter such dangerous opiniōs vpon paine of imprisonment , which shall be executed , if they shall perseuere in that errour . and yet it shall appeare manifestly by these orders , that according to christian charity , no persons of the meanest degree shal be left without succour and reliefe . 17 and of these things aboue mentioned , the iustices shall take great care , as of a matter specially directed and commaunded by his maiestie vpon the princely and naturall care hee hath conceiued towards the preseruation of his subiects , who by very disorder , and for lacke of direction do in many parts wilfully procure the increase of this generall contagion . ❧ an aduise set downe by the best learned in physicke within this realme : conteining sundry good rules and easie medicines , without charge to the meaner sort of people , as well for the preseruation of his good subiects from the plague before infection , as for the curing and ordering of them after they shal be infected . preseruatiue by correcting the aire in houses . take rosemarie dried , or iuniper , bay-leaues , or frankincense , cast the same on a chafendish , and receiue the fume or smoke therof : some aduise to be added lauander , or sage . also to make fires rather in pannes , to remooue about the chamber , then in chimneys , shall better correct the ayre of the houses . take a quantity of vineger very strong , and put to it some small quantitie of rosewater , ten braunches of rosemarie , put them all into a basen , then take fiue or sixe flintstones , heated in the fire till they be burning hote , cast them into the same vineger , and so let the fumes be receiued from place to place of your house . perfuming of apparell . such apparell as you shall commonly weare , let it bee very cleane , and perfume it ofen either with some redde saunders burned , or with iuniper . and if any shall happen to be with them that are visited , let such persons as soone as they shal come home , shift themselues , and aire their clothes , in open aire for a time . preseruation by way of defence in open aire , and common assemblies to be vsed outwardly . it is good in going abroad into the open aire in the streets , to hold some things of sweet sauour in their hands , or in the corner of an handkerchife , as a sponge dipped in vineger and rosewater mixed , or in vineger , wherein wormewood , or rue called also herbegrace , hath bene boyled . preseruatiue by way of inward medicine . take a quantitie of rue , or wormewood , or of both , and put it into a pot of vsuall drink , close stopped , let it lie so in steepe a whole night , and drinke thereof in the morning fasting . in all sommer plagues , it shall be good to vse sorrel sauce to be eaten in the morning with bread . and in the fall of the leafe to vse the iuyce of barberies with bread also . mens bodies are apt to take infection , either by the constitution of the heart , the vital spirits being weake , and the naturall heate feeble , in which case things cordial are to be vsed . by repletion , the body being filled with humors , either good , and then is the party to be let blood . euil , and then is he to be cured w t medicine purgatiue . preseruatiues cordials . mithridates medicine . take of good figges not wormeaten , cleane washed , of walnuts the kernels cleane picked , of either of them an hundred , of the leaues of green rue , otherwise called herbegrace , the weight of ii . s. of common salt the weight of iii. d. cut the figs in pieces , and stampe them & the walnut kernels together in a morter of marble or wood a good space , vntill they be very small , and then put the rue leaues vnto them , stampe and stirre them well together with the rest , last put in the salt and stampe and stirre these things together , vntill they be incorporated and made of one substance . of the which take the quantitie of ii . or iii. figges euery morning fasting , to children the halfe will serue , and hee that listeth to increase or diminish the substance of this medicine , shall easily doe it , by taking of a greater or lesse quantity of the simples according to a due proportion . a well approoued medicine to preserue . take of the finest cleare aloes you can buy , in colour like to a liuer , & therfore called hepatica , of cinamon , of myrrhe , of ech of these the weight of iii. french crownes , or of xxii . d. of our money , of cloues , maces , lignum aloes , of mastick , of bole oriental , of ech of these halfe an ounce : mingle them together and beate them into a very fine powder . of the which take euery morning fasting the weight of a groate of this in white wine delayed with water , and by the grace of god you shall be safe from the plague . no man which is learned , if he examine the simples of this medicine whereof it consisteth , and the nature and power of them , can deny but that it is a medicine of great efficacy against the plague , and the simples whereof it is made , are easily to be had in any good apothecaries shop , except bole oriental , which is vsed in the stead of true bolus armenus . take a drie figge and open it , and put the kernell of a walnut into the same beeing cut very small , three or foure leaues of rue commonly called herbegrace , a corne of salt , then rost the figge and eate it warme , fast iii. or iiii . houres after it , and vse this twise in the weeke . take the powder of turmentil , the weight of vipence with sorrel or scabious water in sommer , and in winter with the water of valerian or common drinke . or else in one day they may take a little wormwood , and valerian with a graine of salt. in another day they may take vii . or viii . berries of iuniper , dryed and put in powder , and taking the same with common drinke , or with drinke in which wormewood & rue hath ben steeped all the night . also the triacle called dietessearoum , which is made but of 4. things of light price easie to be had . also the roote of enula campana , either taken in powder with drinke , or hanged about the brest . likewise a piece of arras root kept in the mouth as men passe in the streetes , is very good cordiall . take sixe leaues of sorrell , wash them with water and vineger , let them lie to steepe in the said water and vineger a while , then eate them fasting , and keepe in your mouth and chewe now or then either stewall , or the roote of angelica , or a little cinamon . take the roote of enula campana being layde and steeped in vineger , and grosse beaten , put a little of it in a handkerchiefe , and smell to it if you resort to any that is infected . ¶ for women with child , or such as be delicate and tender , and cannot away with taking of medicines . make a tost of white or of the second breade as you thinke good , and sprinkle on it being hotte a litle good wine vineger , made with rose leaues , and for want of it , any good common or vsed vineger , and spread on the tost a little butter , and cast thereon a little powder of cinamon , and eate it in the morning fasting . the poore which cannot get vineger nor buy cinamon , may eate bread and butter alone : for butter is not onely a preseruatiue against the plague , but against all maner of poysons . when one must come into the place where infectious persons are , it is good to smell to the roote of angelica , gentian , or valerian , and to chew any of these in his mouth . another preseruatiue for the poore . it shal be good to take an handfull of rue , and as much common wormewood , and bruse them a little : and put them into a pot of earth or tinne , with so much vineger as shall couer the herdes : keepe this pot close couered or stopt , and when you feare any infection , dippe into this vineger a piece of a sponge , and cary it in your hand & smell to it , or else put it into a round ball of yuorie or iuniper made full of holes of the one side , carying it in your hand vse to smell thereunto , renewing it once in a day . ❧ to be vsed after infection taken . for as much as the cause of the plague standeth rather in poyson , then in any putrifaction of humours as other agues doe , the chiefest way is to mooue sweatings , and to defend the heart by some cordiall thing . suppositarie . if the patient bee costiue and bound in his bodie , let him take a suppositarie made with a litle boyled honie , and a little fine powder of salt , and so taken in at the fundament , and kept till it moue a stoole . an excellent medicine made without charges . take of the powder of good bayberies , the huske taken away from them , before they be dried , a spoonefull : let the patient drinke this , well mingled in a draught of good stale ale or beere , which is neither sowre nor deade , or with a draught of white wine , and goe to bed and cast himselfe into a sweate , and forbeare sleepe as is aforesaid . an other soueraigne remedie , that is a stilled water . take the inward bark of the ashe tree , a pound , of walnuts with the greene outward shelles , to the number of fiftie , cut these smal , of scabious , of veruen , of petimorel , of housleeke , of euery one a handfull , of saffron halfe an ounce , powre vpon these the strongest vineger you can get foure pintes , let them a little boyle together vpon a very soft fire , and then stand in a very close pot well stopt all a night vpon the embers , afterward distill them with a soft fire , and receiue the water close kept . giue vnto the patient laide in bed and well couered with clothes , two ounces of this water to drinke , & let him be prouoked to sweate , and euery sixe houres , during the space of twentie foure houres , giue him the same quantitie to drinke . this medicine for the worthinesse thereof , and because it will stand the maker thereof in little charge , it shall be very well done to distill it in summer when the walnuts hang greene on the tree , that it may be ready against the time that occasion serueth to vse it . 1. bloodletting . if the patient be ful of humours which be good , let him immediatly be let blood vpon the liuer veine in the right arme , or in the median veine of the same arme ( if no sore appeare ) in the first day . 2. medicine purgatiue . for the poore take aloes the weight of sixe pence , put in the pappe of an apple : and for the richer pilles of rufus to bee had in euery good apothecaries shop . after letting of blood and purging ( as shall bee needfull ) some of the forenamed cordials are to be vsed . these preparations thus vsed the first day that the patient shall fall sicke , as cause shall be to vse the one or the other ( no sore appearing ) in which case if the sore shall appeare , they are both to bee forborne , the next is to vse all meanes to expel the poyson , and to defend the heart by cordials . 3. medicament expulsiue . the poyson is expelled best by sweatings prouoked by posset ale , made with fenel and marigolds in winter , and with sorrel , buglosse and borage in summer , with the which in both times they must mixe the triacle of diatessaroum , the weight of ix . d. & so to lay themselues with all quietnesse to sweat one halfe houre , or an houre if they he strong . for they that be neither full of humours nor corrupt in humours , neede neither purging nor letting of blood , but at the first plunge may mooue themselues to sweate with cordiall things mixt with such things as mooue sweate , and are before declared . ❧ what is to be done when there is any rising or swelling in any part . then if by these three meanes the poyson be expelled outward by botches , carbuncles or markes , called gods markes , according as nature doth expell , so must the further proceedings be , prouiding still , that they continue still in the vse of the cordiall and moderate sweating now and then , all the time that the sores be in healing , which must by the surgion bee handled with great discretion . medicines to be vsed in ordinary diet . it is thought that the powder of harts horne hath a speciall prerogatiue , to be vsed all the time of their sicknes in their broths , and supping , which in sommer must euer haue sorrell , borage , buglasse , and in winter , betony , and scabious , or morsus diaboli , and if their habilities do not serue , let them vse it with aleburies made with a little nutmegge , or one cloue , or with cawdels in like maner made with cloues , maces , nutmegs , sanders or such like . both to preserue and cure the sicknesse . take an egge and make a hole in the toppe of it , take out the white and yelke , fill the shell with the weight of two french crownes of saffron , rost the said egge thus filled with saffron vnder the embres , vntil the shell begin to waxe yellow , then take it from the fire , and beate the shell and saffron in a morter together , with halfe a spoonefull of mustard seed , take of this powder a french crown weight , and as soone as you suspect your selfe infected , dissolue it into ten spoonefuls of posset ale , and drinke it luke warme , then goe to bed and prouoke your selfe to sweating . to be vsed in the first time of the sicknesse . another is to take fiue or sixe handfull of sorell , that groweth in the field , or a greater quantity according as you will distill more or lesse of the water thereof , and let it lie infrised or steeped in good vineger the space of foure and twentie houres , then take it off and drie it with a linen cloth put into a limbecke , and distill the water thereof : and assoone as you finde your selfe touched with the sicknesse , drinke foure spoonefuls of the said water with a little sugar , and if you be able , walke vpon it vntill you doe sweate , if not , keepe your bed , and being well couered , prouoke your selfe to sweating , and the next day to take as much againe of it a little before supper . item , to prouoke vomit with two ounces of ranke oyle , or walnut oyle , a spoonefull of the iuice of celendine & halfe a spoonefull of the iuice of radice root , so that the party infected do walke and not sleepe , is better then any letting of blood , or any purging . for the disease neither can suffer agitation of humors , nor when one is infected , hath no time to bleede or to purge . ❧ outwrrd medicines for to be applied to the sore . the first ▪ take of scabious two handfuls , stampe it in a stone morter with a pestell of stone if you can get any such , then put vnto it of olde swines grease salted , two ounces , and the yelke of an egge , stampe them well together , and lay part of this warme to the sore . the second . take of the leaues of mallowes , of camomill flowers , of either of them an handfull , of linseede beaten into powder two ounces , boyle the mallow leaues first cut , and the flowers of the camomill in faire water , standing aboue a fingers breadth , boyle all them together , vntill all the water almost be spent : then put thereunto the linseede , of wheate flower halfe an handfull , of swines grease the skins taken away three ounces , of oyle of roses two ounces , stirre them still with a sticke , and let them all boyle together on a soft fire without smoke , vntill the water be vtterly spent , beate them all together in a morter , vntill they be well encorporated together , and in feeling smooth , and not rough : then make part thereof hot in a dish set vpon a chafindish of coales , and lay it thicke vpon a linnen cloth applying it to the sore . another excellent medicine to ripen and bring out the sore . take a white onion cut in pieces , of fresh butter iii. ounces , of leuen the weight of xii . d. of mallowes one handfull , of scabious if it may be had one handfull , of cloues of garlicke the weight of xx . d. boyle them on the fire in sufficient water , and make a pultesse of it , and lay it warme to the sore . another . to the sore it selfe doe thus . take two handfull of valerian , three rootes of danewort , a handfull of smalledge , or louage , if you can get it , seethe them all in butter and water , and a fewe crummes of bread , and make a pultesse thereof , and lay it warme to the sore vntill it breake . another for the same . if you cannot haue these herbes , it is good to lay a loafe of bread to it hot as it commeth out of the ouen ( which afterward shal be burnt or buried in the earth ) or the leaues of scabious or sorrell rosted , or two or three lillie rootes rosted vnder embers , beaten and applied . a generall m●dicine for all sortes of people taken with the plague to be had without cost . take of the roote of butter burre , otherwise called p●●●●●ent wort , one ounce , of the roote of great valerian a ●●arter of an ounce , of sorrell an handfull , boyle all these in a quart of water to a pint , then straine it and put there to two spoonefuls of vineger two ounces of good sugar , boyle all these together vntill they be well mingled , let the infected drinke of this so hotte as he may suffer it a good draught , and if hee chance to cast it vp againe , let him take the same quantitie straightway vpon it , and prouoke himselfe to sweate , and he shall find great helpe . time of continuance apart from common assemblies . such as haue beene infected , should keepe their house without being conuersant with y e whole , vntill the sores 〈◊〉 haue 〈…〉 and be perfectly whole and sound , which in sanguine and cholericke persons will bee healed sooner , then in melancho●●ke and flegmatike complexions . such persons may not well be conuersant with them which are not infected , for the space of one mo●●th . infected clothes . the contagion suspected to remaine in cloths , either wollen or linnen , cannot wel be auoided by 〈◊〉 meanes , then by fire and water , by often ●●●●ing and ai●ing the same in frostes , and sonne shine , with good discretion , and b●●ning the clothes o● small val●● . finis . a counterblaste to tobacco james i, king of england, 1566-1625. 1604 approx. 33 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a04242 stc 14363 estc s109101 99844751 99844751 9591 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a04242) transcribed from: (early english books online ; image set 9591) images scanned from microfilm: (early english books, 1475-1640 ; 1277:05) a counterblaste to tobacco james i, king of england, 1566-1625. [28] p. by r. b[arker], imprinted at london : anno 1604. by james i. printer's name from stc. signatures: a-c⁴ d² . the first leaf is blank. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 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that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco -early works to 1800. smoking -controversial literature -early works to 1800. 2000-00 tcp assigned for keying and markup 2001-00 spi global keyed and coded from proquest page images 2001-00 tcp staff (michigan) sampled and proofread 2001-00 tcp staff (michigan) text and markup reviewed and edited 2001-11 pfs batch review (qc) and xml conversion a covnterblaste to tobacco . ¶ imprinted at london by r. b. anno 1604. ¶ to the reader . as euery humane body ( deare countrey men ) how wholesome soeuer , is notwithstanding subiect , or at least naturally inclined to some sorts of diseases , or infirmities : so is there no common-wealth , or body-politicke , how well gouerned , or peaceable soeuer it bee , that lackes the owne popular errors , and naturally enclined corruptions : and therefore is it no wonder , although this our countrey and common-wealth , though peaceable , though wealthy , though long flourishing in both , be amongst the rest , subiect to the owne naturall infirmities . vvee are of all nations the people most louing and most reuerently obedient to our prince , yet are wee ( as time hath often borne witnesse ) too easie to be seduced to make rebellion , vpon very slight grounds . our fortunate and oft prooued valour in warres abroad , our heartie and reuerent obedience to our princes at home , hath bred vs a long , and a thrice happy peace : our peace hath bred wealth : and peace and wealth hath brought foorth a generall sluggishnesse , which makes vs wallow in all sorts of idle delights , and soft delicacies , the first seedes of the subuersion of all great monarchies . our cleargie are become negligent and lazie , our nobilitie and gentrie prodigall , and solde to their priuate delights , our lawyers couetous , our common-people prodigall and curious ; and generally all sorts of people more carefull for their priuat ends , then for their mother the common-wealth . for remedie whereof , it is the kings part ( as the proper phisician of his politicke-body ) to purge it of all those diseases , by medicines meete for the same : as by a certaine milde , and yet iust forme of gouernment , to maintaine the publicke quietnesse , and preuent all occasions of commotion : by the example of his owne person and court , to make vs all ashamed of our sluggish delicacie , and to stirre vs vp to the practise againe of all honest exercises , and martiall shadowes of vvarre ; as likewise by his , and his courts moderatenesse in apparell , to make vs ashamed of our prodigalitie : by his quicke admonitions and carefull ouerseeing of the cleargie , to waken them vp againe , to be more diligent in their offices : by the sharpe triall , and seuere punishment of the partiall , couetous and bribing lawyers , to reforme their corruptions : and generally by the example of his owne person , and by the due execution of good lawes , to reforme and abolish , piece and piece , these old and euill grounded abuses . for this will not bee opus vnius diei , but as euery one of these diseases , must from the king receiue the owne cure proper for it , so are there some sorts of abuses in common-wealths , that though they be of so base and contemptible a condition , as they are too low for the law to looke on , and too meane for a king to interpone his authoritie , or bend his eye vpon : yet are they corruptions , aswell as the greatest of them . so is an ant an animal , aswell as an elephant : so is a vvrenne auis , aswell as a swanne , and so is a small dint of the toothake , a disease aswell as the fearefull plague is . but for these base sorts of corruption in common wealthes , not onely the king , or any inferior magistrate , but quilibet e populo may serue to be a phisician , by discouering and impugning the error , and by perswading reformation thereof . and surely in my opinion , there cannot be a more base , and yet hurtfull , corruption in a countrey , then is the vile vse ( or rather abuse ) of taking tobacco in this kingdome , which hath mooued me , shortly to discouer the abuses thereof in this following little pamphlet . if any thinke it a light argument , so is it but a toy that is bestowed vpon it . and since the subiect is but of smoke , i thinke the fume of an idle braine , may serue for a sufficient battery against so fumous and feeble an enemy . if my grounds be found true , it is all i looke for ; but if they cary the force of perswasion with them , it is all i can wish , and more then i can expect . my onely care is , that you , my deare countrey-men , may rightly conceiue euen by this smallest trifle , of the sinceritie of my meaning in greater matters , neuer to spare any paine , that may tend to the procuring of your weale and prosperitie . a counterblaste to tobacco . that the manifolde abuses of this vile custome of tobacco taking , may the better be espied , it is fit , that first you enter into consideration both of the first originall thereof , and likewise of the reasons of the first entry thereof into this countrey . for certainely as such customes , that haue their first institution either from a godly , necessary , or honorable ground , and are first brought in , by the meanes of some worthy , vertuous , and great personage , are euer , and most iustly , holden in great & reuerent estimation and account , by all wise , vertuous , and temperate spirits : so should it by the contrary , iustly bring a great disgrace into that sort of customes , which hauing their originall from base corruption and barbarity , doe in like sort , make their first entry into a countrey , by an inconsiderate and childish affectation of noueltie , as is the true case of the first inuention of tobacco taking , and of the first entry thereof among vs. for tobacco being a cōmon herbe , which ( though vnder diuers names ) growes almost euery where , was first found out by some of the barbarous indians , to be a preseruatiue , or antidot against the pockes , a filthy disease , whereunto these barbarous people are ( as all men know ) very much subiect , what through the vncleanly and adust constitution of their bodies , and what through the intemperate heate of their climat : so that as from them was first brought into christendome , that most detestable disease , so from them likewise was brought this vse of tobacco , as a stinking and vnsauorie antidot , for so corrupted and execrable a maladie , the stinking suffumigation whereof they yet vse against that disease , making so one canker or venime to eate out another . and now good countrey men , let vs ( i pray you ) consider , what honour or policie can mooue vs to imitate the barbarous and beastly maners of the wilde , godlesse , and slauish indians , especially in so vile and stinking a custome ? shall wee that disdaine to imitate the maners of our neighbour france ( hauing the stile of the first christian kingdom ) and that cannot endure the spirit of the spaniards ( their king being now comparable in largenes of dominions , to the great emperor of turkie ) shall wee , i say , that haue bene so long ciuill and wealthy in peace , famous and inuincible in warre , fortunate in both , we that haue bene euer able to aide any of our neighbours ( but neuer deafed any of their eares with any of our supplications for assistance ) shall we , i say , without blushing , abase our selues so farre , as to imitate these beastly indians , slaues to the spaniards , refuse to the world , and as yet aliens from the holy couenant of god ? why doe we not as well imitate them in walking naked as they doe ? in preferring glasses , feathers , and such toyes , to golde and precious stones , as they do ? yea why do we not denie god and adore the deuill , as they doe ? now to the corrupted basenesse of the first vse of this tobacco , doeth very well agree the foolish and groundlesse first entry thereof into this kingdome . it is not so long since the first entry of this abuse amongst vs here , as this present age cannot yet very well remember , both the first author , and the forme of the first introduction of it amongst vs. it was neither brought in by king , great conquerour , nor learned doctor of phisicke . with the report of a great discouery for a conquest , some two or three sauage mē , were brought in , together with this sauage custome . but the pitie is , the poore wilde barbarous men died , but that vile barbarous custome is yet aliue , yea in fresh vigor : so as it seemes a miracle to me , how a custome springing from so vile a ground , and brought in by a father so generally hated , should be welcomed vpon so slender a warrant . for if they that first put it in practise heere , had remembred for what respect it was vsed by them from whence it came , i am sure they would haue bene loath , to haue taken so farre the imputation of that disease vpon them as they did , by vsing the cure thereof . for sanis non est opus medico , and counterpoisons are neuer vsed , but where poyson is thought to precede . but since it is true , that diuers customes slightly grounded , and with no better warrant entred in a commonwealth , may yet in the vse of them thereafter , prooue both necessary and profitable ; it is therefore next to be examined , if there be not a full sympathie and true proportion , betweene the base ground and foolish entrie , and the loathsome and hurtfull vse of this stinking antidote . i am now therefore heartily to pray you to consider , first vpon what false and erroneous grounds you haue first built the generall good liking thereof ; and next , what sinnes towards god , and foolish vanities before the world you commit , in the detestable vse of it . as for these deceitfull grounds , that haue specially mooued you to take a good and great conceit thereof , i shall content my selfe to examine here onely foure of the principals of them ; two founded vpon the theoricke of a deceiueable apparance of reason , and two of them vpon the mistaken practicke of generall experience . first , it is thought by you a sure aphorisme in the physickes , that the braines of all men , beeing naturally colde and wet , all dry and hote things should be good for them ; of which nature this stinking suffumigation is , and therefore of good vse to them . of this argument , both the proposition and assumption are false , and so the conclusion cannot but be voyd of it selfe . for as to the proposition , that because the braines are colde and moist , therefore things that are hote and drie are best for them , it is an inept consequence : for man beeing compounded of the foure complexions , ( whose fathers are the foure elements ) although there be a mixture of them all in all the parts of his body , yet must the diuers parts of our microcosme or little world within our selues , be diuersly more inclined , some to one , some to another complexion , according to the diuersitie of their vses , that of these discords a perfect harmonie may bee made vp for the maintenance of the whole body . the application then of a thing of a contrary nature , to any of these parts , is to interrupt them of their due function , and by consequence hurtfull to the health of the whole body . as if a man , because the liuer is hote ( as the fountaine of blood ) and as it were and ouen to the stomacke , would therfore apply and weare close vpon his liuer and stomacke a cake of lead ; he might within a very short time ( i hope ) be susteined very good cheape at an ordinarie , beside the cleering of his conscience from that deadly sinne of gluttonie . and as if , because the heart is full of vitall spirits , and in perpetuall motion , a man would therefore lay a heauy pound stone on his breast , for staying and holding downe that wanton palpitation , i doubt not but his breast would bee more bruised with the weight thereof , then the heart would be comforted with such a disagreeable & contrarious cure . and euen so is it with the braines . for if a man , because the braines are cold and humide , would therefore vse inwardly by smells , or outwardly by application , things of hot and drie qualite , all the gaine that he could make thereof would onely be to put himselfe in a great forwardnesse for running mad , by ouerwatching himselfe , the coldnesse and moistnesse of our braine beeing the onely ordinarie meanes that procure our sleepe and rest . indeed i doe not denie , but when it falls out that any of these , or any part of our bodie growes to be distempered , and to tend to an extremitie beyond the compasse of natures temperate mixture , that in that case cures of contrary qualities , to the intemperate inclination of that part , being wisely prepared and discreetely ministred , may be both necessarie and helpefull for strengthning and assisting nature in the expulsion of her enemies : for this is the true definition of all profitable physicke . but first these cures ought not to bee vsed , but where there is neede of them , the contrarie whereof , is daily practised in this generall vse of tobacco by all sorts and complexions of people . and next , i deny the minor of this argument , as i have already said , in regard that this tobacco , is not simply of a dry & hot qualitie ; but rather hath a certaine venemous facultie ioyned with the heate thereof , which makes it haue an antipathie against nature , as by the hatefull smell thereof doeth well appeare . for the nose being the proper organ and conuoy of the sense of smelling to the braines , which are the onely fountaine of that sense , doeth euer serue vs for an infallible witnesse , whether that odour which we smell , be healthfull or hurtfull to the braine , ( except when it fals out that the sense it selfe is corrupted and abused through some infirmitie , and distemper in the braine . ) and that the suffumigation thereof cannot haue a drying qualitie , it needes to further probation , then that it is a smoake , all smoake and vapour , being of it selfe humide , as drawing neere to the nature of the ayre , and easie to be resolued againe into water , whereof there needes no other proofe but the meteors , which being bred of nothing else but of the vapours and exhalations sucked vp by the sunne out of the earth , the sea , and waters , yet are the same smoakie vapours turned , and transformed into raynes , snowes , deawes , hoare frostes , and such like waterie meteors , as by the contrarie the raynie cloudes are often transformed and euaporated in blustering winds . the second argument grounded on a show of reason is , that this filthie smoake , as well through the heat and strength thereof , as by a naturall force and qualitie , is able and fit to purge both the head and stomacke of rhewmes and distillations , as experience teacheth , by the spitting and auoyding fleame , immediatly after the taking of it . but the fallacie of this argument may easily appeare , by my late preceding description of the meteors . for euen as the smoakie vapours sucked vp by the sunne , and staied in the lowest and colde region of the ayre , are there contracted into cloudes , and turned into raine and such other watery meteors : so this stinking smoake being sucked vp by the nose , and imprisoned in the colde and moyst braines , is by their colde and wett facultie , turned and cast foorth againe in waterie distillations , and so are you made free and purged of nothing , but that wherewith you wilfully burdened your selues : and therefore are you no wiser in taking tobacco for purging you of distillations , then if for preuenting the cholike you would take all kinde of windie meates and drinkes , and for preuenting of the stone , you would take all kinde of meates and drinkes that would breede grauell in the kidneyes , and then when you were forced to auoyde much winde out of your stomacke , and much grauell in your vrine , that you should attribute the thanke thereof to such nourishments as bred those within you , that behoued either to be expelled by the force of nature , or you to haue burst at the broad side , as the prouerbe is . as for the other two reasons founded vpon experience , the first of which is , that the whole people would not haue taken so generall a good liking thereof , if they had not by experience found it verie soueraigne and good for them : for answere thereunto , how easily the mindes of any people , wherewith god hath replenished this world , may be drawen to the foolish affectation of any noueltie , i leaue it to the discreet iudgement of any man that is reasonable . doe we not dayly see , that a man can no sooner bring ouer from beyond the seas any new forme of apparrell , but that hee can not bee thought a man of spirit , that would not presently imitate the same ? and so from hand to hand it spreades , till it be practised by all , not for any commoditie that is in it , but only because it is come to be the fashion . for such is the force of that naturall selfe-loue in euery one of vs , and such is the corruption of enuie bred in the brest of euery one , as we cannot be content vnlesse we imitate euery thing that our fellowes doe , and so prooue our selues capable of euery thing whereof they are capable , like apes , counterfeiting the maners of others , to our owne destruction . for let one or two of the greatest masters of mathematickes in any of the two famous vniuersities , but constantly affirme any cleare day , that they see some strange apparition in the skies : they will i warrant you be seconded by the greatest part of the students in that profession : so loath will they be , to bee thought inferiour to their fellowes , either in depth of knowledge or sharpnesse of sight : and therefore the generall good liking and imbracing of this foolish custome , doeth but onely proceede from that affectation of noueltie , and popular errour , wherof i haue already spoken . the other argument drawen from a mistaken experience , is but the more particular probation of this generall , because it is alleaged to be found true by proofe , that by the taking of tobacco diuers and very many doe finde themselues cured of diuers diseases , as on the other part , no man euer receiued harme thereby . in this argument there is first a great mistaking , and next a monstrous absurditie . for is it not a very great mistaking , to take non causam pro causa , as they say in the logicks ? because peraduenture when a sicke man hath had his disease at the height , hee hath at that instant taken tobacco , and afterward his disease taking the naturall course of declining , and consequently the patient of recouering his health , o then the tobacco forsooth , was the worker of that miracle . beside that , it is a thing well knowen to all phisicians , that the apprehension and conceit of the patient , hath by wakening and vniting the vitall spirits , and so strengthening nature , a great power and vertue , to cure diuers diseases for an euident proofe of mistaking in the like case , i pray you what foolish boy , what sillie wench , what olde doting wife , or ignorant countrey clowne , is not a phisician for the toothach , for the cholicke , & diuers such common diseases ? yea , will not euery man you meete withal , teach you a sundry cure for the same , and sweare by that meane either himselfe , or some of his neerest kinsmen and friends was cured ? and yet i hope no man is so foolish as to beleeue them . and al these toyes do only proceed from the mistaking non causam pro causa , as i haue already sayd , and so if a man chance to recouer one of any disease , after he hath taken tobacco , that must haue the thankes of all but by the contrary , if a man smoke himselfe to death with it ( and many haue done ) o then some other disease must beare the blame for that fault . so doe olde harlots thanke their harlotrie for their many yeeres , that custome being healthfull ( say they ) ad purgandos renes , but neuer haue minde how many die of the pockes in the flower of their youth . and so doe olde drunkards thinke they prolong their dayes , by their swinelike diet , but neuer remember howe many die drowned in drinke before they be halfe olde . and what greater absurditie can there bee , then to say that one cure shall serue for diuers , nay , contrarious sortes of diseases ? it is an vndoubted ground among all phisicians , that there is almost no sort either of nourishment or medicine , that hath not something in it disagreeable to some part of mans bodie , because , as i haue already sayd , the nature of the temperature of euery part , is so different from another , that according to the olde prouerbe , that which is good for the head , is euill for the necke and the shoulders . for euen as a strong enemie , that inuades a towne or fortresse , although in his siege thereof , he doe belaie and compasse it round about , yet he makes his breach and entrie , at some one or few speciall parts thereof , which hee hath tried and found to bee weakest and least able to resist ; so sickenesse doth make her particular assault , vpon such part or parts of our bodie , as are weakest and easiest to be ouercome by that sort of disease , which then doth assaile vs , although all the rest of the body by sympathie feele it selfe , to be as it were belaied , and besieged by the affliction of that speciall part , the griefe and smart thereof being by the sence of feeling dispersed through all the rest of our members . and therefore the skilfull phisician presses by such cures to purge & strengthen that part which is afflicted , as are onely fit for that sort of disease , and doe best agree with the nature of that infirme part ; which being abused to a disease of another nature , would prooue as hurtfull for the one , as helpfull for the other . yea , not only will a skilfull and warie phisician bee carefull to vse no cure but that which is fit for that sort of disease , but he wil also consider all other circūstances , and make the remedies sutable thereunto : as the temperature of the clime where the patient is , the constitution of the planets , the time of the moone , the season of the yere , the age & complexion of the patient , & the present state of his body , in strength or weakenesse . for one cure must not euer be vsed for the selfe-same disease , but according to the varying of any of the foresaid circumstances , that sort of remedie must be vsed which is fittest for the same . whear by the contrarie in this case , such is the miraculous omnipotencie of our strong tasted tobacco , as it cures all sorts of diseases ( which neuer any drugge could do before ) in all persons , and at all times . it cures all maner of distillations , either in the head or stomacke ( if you beleeue their axiomes ) although in very deede it doe both corrupt the braine , and by causing ouer quicke disgestion , fill the stomacke full of crudities . it cures the gowt in the feet , and ( which is miraculous ) in that very instant when the smoke thereof , as light , flies vp into the head , the vertue thereof , as heauie , runs downe to the little toe . it helpes all sorts of agues . it makes a man sober that was drunke . it refreshes a weary man , and yet makes a man hungry . being taken when they goe to bed , it makes one sleepe soundly , and yet being taken when a man is sleepie and drowsie , it will , as they say , awake his braine , and quicken his vnderstanding . as for curing of the pockes , it serues for that vse but among the pockie indian slaues . here in england it is refined , and will not deigne to cure heere any other then cleanly and gentlemanly diseases . o omnipotent power of tobacco ! and if it could by the smoke thereof chace out deuils , as the smoke of tobias fish did ( which i am sure could smel no stronglier ) it would serue for a precious relicke , both for the superstitious priests , and the insolent puritanes , to cast out deuils withall . admitting then , and not confessing that the vse thereof were healthfull for some sortes of diseases ; should it be vsed for all sicknesses ? should it be vsed by all men ? should it be vsed at al times ? yea should it be vsed by able , yong , strong , healthful men ? medicine hath that vertue , that it neuer leaueth a man in that state wherin it findeth him : it makes a sicke man whole , but a whole man sicke . and as medicine helpes nature being taken at times of necessitie , so being euer and continually vsed , it doth but weaken , wearie , and weare nature . what speake i of medicine ? nay let a man euery houre of the day , or as oft as many in this countrey vse to take tobacco , let a man i say , but take as oft the best sorts of nourishments in meate and drinke that can bee deuised , hee shall with the continuall vse thereof weaken both his head and his stomacke : all his members shall become feeble , his spirits dull , and in the end , as a drousie lazie belly-god , he shall euanish in a lethargie . and from this weakenesse it proceeds , that many in this kingdome haue had such a continuall vse of taking this vnsauorie smoke , as now they are not able to forbeare the same , no more then an olde drunkard can abide to be long sober , without falling into an vncurable weakenesse and euill constitution : for their continuall custome hath made to them , habitum , alterā naturam : so to those that from their birth haue bene continually nourished vpon poison and things venemous , wholesome meates are onely poisonable . thus hauing , as i truste , sufficiently answered the most principall arguments that are vsed in defence of this vile custome , it rests onely to informe you what sinnes and vanities you commit in the filthie abuse thereof . first , are you not guiltie of sinnefull and shamefull lust ? ( for lust may bee as well in any of the senses as in feeling ) that although you bee troubled with no disease , but in perfect health , yet can you neither be merry at an ordinarie , nor lasciuious in the stewes , if you lacke tobacco to prouoke your appetite to any of those sorts of recreation , lusting after it as the children of israel did in the wildernesse after quailes ? secondly it is , as you vse or rather abuse it , a branche of the sinne of drunkennesse , which is the roote of all sinnes : for as the onely delight that drunkards take in wine is in the strength of the taste , & the force of the fume thereof that mounts vp to the braine : fot no drunkards loue any weake , or sweete drinke : so are not those ( i meane the strong heate and the fume ) the onely qualities that make tobacco so delectable to all the louers of it ? and as no man likes strong headie drinke the first day ( because nemo repente fit turpissimus ) but by custome is piece and piece allured , while in the ende , a drunkard will haue as great a thirst to bee drunke , as a sober man to quench his thirst with a draught when hee hath need of it : so is not this the very case of all the great takers of tobacco ? which therefore they themselues do attribute to a bewitching qualitie in it . thirdly , is it not the greatest sinne of all , that you the people of all sortes of this kingdome , who are created and ordeined by god to bestowe both your persons and goods for the maintenance both of the honour and safetie of your king and common-wealth , should disable your selues in both ? in your persons hauing by this continuall vile custome brought your selues to this shamefull imbecilitie , that you are not able to ride or walke the iourney of a iewes sabboth , but you must haue a reekie cole brought you from the next poore house to kindle your tobacco with ? whereas he cannot be thought able for any seruice in the warres , that cannot endure oftentimes the want of meate , drinke , and sleepe , much more then must hee endure the want of tobacco . in the times of the many glorious and victorious battailes fought by this nation , there was no word of tobacco : but now if it were time of warres , and that you were to make some sudden caualcado vpon your enemies , if any of you should seeke leisure to stay behinde his fellowe for taking of tobacco , for my part i should neuer bee sorie for any euill chance that might befall him . to take a custome in any thing that cannot bee left againe , is most harmefull to the people of any land . mollicies and delicacie were the wracke and ouerthrow , first of the persian , and next of the romane empire . and this very custome of taking tobacco ( whereof our present purpose is ) is euen at this day accounted so effeminate among the indians themselues , as in the market they will offer no price for a slaue to be sold , whome they finde to be a great tobacco taker . now how you are by this custome disabled in your goods , let the gentry of this land beare witnesse , some of them bestowing three , some foure hundred pounds a yeere vpon this precious stinke , which i am sure might be bestowed vpon many farre better vses . i read indeede of a knauish courtier , who for abusing the fauour of the emperour alexander seuerus his master by taking bribes to intercede , for sundry persons in his masters eare , ( for whom he neuer once opened his mouth ) was iustly choked with smoke , with this doome , fumo pereat , qui fumum vendidit : but of so many smoke-buyers , as are at this present in this kingdome , i neuer read nor heard . and for the vanities committed in this filthie custome , is it not both great vanitie and vncleanenesse , that at the table , a place of respect , of cleanlinesse , of modestie , men should not be ashamed , to sit tossing of tobacco pipes , and puffing of the smoke of tobacco one to another , making the filthy smoke and stinke thereof , to exhale athwart the dishes , and infect the aire , when very often , men that abhorre it are at their repast ? surely smoke becomes a kitchin far better then a dining chamber , and yet it makes a kitchin also oftentimes in the inward parts of men , soiling and infecting them , with an vnctuous and oily kinde of soote , as hath bene found in some great tobacco takers , that after their death were opened . and not onely meate time , but no other time nor action is exempted from the publike vse of this vnciuill tricke : so as if the wiues of diepe list to contest with this nation for good maners , their worst maners would in all reason be found at least not so dishonest ( as ours are ) in this point . the publike vse whereof , at all times , and in all places , hath now so farre preuailed , as diuers men very sound both in iudgement , and complexion , haue bene at last forced to take it also without desire , partly because they were ashamed to seeme singular , ( like the two philosophers that were forced to duck themselues in that raine water , and to become fooles aswell as the rest of the people ) and partly to be as one that was content to eate garlicke ( which hee did not loue ) that he might not be troubled with the smell of it , in the breath of his fellowes . and is it not a great vanitie , that a man cannot heartily welcome his friend now , but straight they must bee in hand with tobacco ? no it is become in place of a cure , a point of good fellowship , and he that will refuse to take a pipe of tobacco among his fellowes , ( though by his owne election he would rather feele the fauour of a sinke ) is accounted peeuish and no good company , euen as they doe with tippeling in the cold easterne countries . yea the mistresse cannot in a more manerly kinde , entertaine her seruant , then by giuing him out of her faire hand a pipe of tobacco . but herein is not onely a great vanitie , but a great contempt of gods good giftes , that the sweetenesse of mans breath , being a good gift of god , should be wilfully corrupted by this stinking smoke , wherein i must confesse , it hath too strong a vertue : and so that which is an ornament of nature , and can neither by any artifice be at the first acquired , nor once lost , be recouered againe , shall be filthily corrupted with an incurable stinke , which vile qualitie is as directly contrary to that wrong opinion which is holden of the wholesomnesse thereof , as the venime of putrifaction is contrary to the vertue preseruatiue . moreouer , which is a great iniquitie , and against all humanitie , the husband shall not bee ashamed , to reduce thereby his delicate , wholesome , and cleane complexioned wife , to that extremitie , that either shee must also corrupt her sweete breath therewith , or else resolue to liue in a perpetuall stinking torment . haue you not reason then to bee ashamed , and to forbeare this filthie noueltie , so basely grounded , so foolishly receiued , and so grossely mistaken in the right vse thereof ? in your abuse thereof sinning against god , harming your selues both in persons and goods , and raking also thereby the markes and notes of vanitie vpon you : by the custome thereof making your selues to be wondered at by all forraine ciuil nations , and by all strangers that come among you , to be scorned and contemned . a custome lothsome to the eye , hatefull to the nose , harmefull to the braine , daungerous to the lungs and in the blacke stinking fume thereof , neerest resembling the horrible stigian smoke of the pit that is bottomelesse . his maiesties lepanto, or heroicall song being part of his poeticall exercises at vacant houres. james i, king of england, 1566-1625. 1603 approx. 48 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a04258 stc 14379.3 estc s2147 23072666 ocm 23072666 26196 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a04258) transcribed from: (early english books online ; image set 26196) images scanned from microfilm: (early english books, 1475-1640 ; 1796:25) his maiesties lepanto, or heroicall song being part of his poeticall exercises at vacant houres. james i, king of england, 1566-1625. [36] p. by simon stafford, and henry hooke, imprinted at london : 1603. in verse. signatures: a-d⁴ e². reproduction of original in the harvard university. library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities 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areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng 2006-01 tcp assigned for keying and markup 2006-01 aptara keyed and coded from proquest page images 2006-12 ali jakobson sampled and proofread 2006-12 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion his maiesties lepanto , or , heroicall song , being part of his poeticall exercises at vacant houres . imprinted at london by simon stafford , and henry hooke . 1603. the avthovrs preface to the reader , it falls out often , that the effects of mens actions comes cleane contrary to the intent of the authour . the same find i by experiēce ( beloued reader ) in my poeme of lepanto : for although till now , it haue not bene imprinted , yet being set out to the publike view of many , by a great sort of stoln copies , purchast ( in truth ) without my knowledge or consent , it hath for lack of a preface , bene in some things misconstrued by sundry , which i of very purpose thinking to haue omitted , for that the writing thereof might haue tended , in my opinion , to some reproch of the skilful learnednes of the reader , as if his braynes could not haue conceyued so vncurious a work , without some maner of commentary , & so haue made the worke more displeasant vnto him : it hath by the contrary falne out , that the lack thereof hath made it the more displeasāt to some , through their mistaking a part of the meaning thereof . and for that i know the special thing misliked in it , is , that i should seeme far contrary to my degree & religion , like a mercenarie poet , to pen a worke , ex professo , in praise of a forraine papist hastard ; i will , by setting downe the nature and order of the poeme , resclue the ignorant of their error , and make the other sort inexcusable of their captiousnes . the nature then of this poeme , is an argument , a minore ad maius , largely intreated by a poetike comparison , being to the writing hereof moued , by the stirring vp of the league & cruell persecution of the protestants in al coūtries , at the very first raging wherof , i compiled this poeme , as the exhortation to the persecuted in the hinmost eight lines thereof doth plainely testify , being both begun and ended in the same summer , wherin the league was published in fraunce . the order of the cantique is this : first , a poetike preface , declaring the matter i treat of , wherein , i ▪ name not don-iohn , neither literally nor any wayes by description , which i behoued to haue done , if i had penned the whole poeme in his praise , as virgil , arma virumque cano : & homer , dic mihi musa virum : of whose imitation i had not bene ashamed , if so my purpose had bene framed . next followes my inuocation to the true god onely , and not to all the hee and shee saints , for whose vaine honors , don-iohn fought in al his wars . next after my inuocation , followes the poetike history of my comparison , wherein following forth the ground of a true history , ( as virgil or homer did ) like a painter shadowing with vmbers a portrait els drawne in grosse , for giuing it greater viuenes , so i eike or paire to the circumstances of the actions , as the rules of the poetike arte will permit : which historike comparison continues till the song of the angels : in the which i compare and apply the former comparison to our present estate , taking occasion thereupon to speak somewhat of our religion . lastly , the epilogue of the whole , in the last eight lines , declares fully my intention in the whole , and explaines so fully my comparison and argument , from the more to the lesse , as i cannot without shameful repetition speak any more thereof . and in a word , what soeuer praise i haue giuen to don-iohn in this poem , it is neither in accounting him as first or second cause of that victorie , but onely as a particular man , when hee falles in my way , to speake the truth of him . for as it becomes not the honour of my estate , like an hireling , to pen the praise of any man : so becomes it far lesse the highnesse of my ranke and calling , to spare for the feare or fauour of whomsoeuer liuing , to speake or write the truth of any . and thus crauing pardon , beloued reader , for this long some apologie ( being driuen thereto , not by nature , but by necessitie ) i bid you hartily farewell . the sonnet . the azur'd vault , the cristall circles bright , the gleaming fiery torches powdred there , the changing round , the shining beamy light , the sad and bearded fyres , the monsters fayre : the prodigies appearing in the ayre , the rearding thunders , and the blustering winds , the fowles , in hew , in shape , and nature rayre , the pretty notes that wing'd musicians finds : in earth the sau'ry flowres , the mettal'd minds , the holesome hearbes , the haughty pleasant trees , the siluer streames , the beastes of sundry kinds , the bounded roares , and fishes of the seas : all these for teaching man , the lord did frame , to doe his will , whose glory shines in thame . i. r. his maiesties lepanto : or , heroicall song . i sing a wondrous worke of god , i sing his mercies great , i sing his iustice heere — withall powr'd from his holy seat : to wit , a cruell martiall warre , a bloudy battell bold , long doubtsome fight , with slaughter huge , and wounded manifold . which fought was in lepantoes gulfe , betwixt the baptiz'd race , and circumcised turband turkes rencountring in that place . o onely god , i pray thee thrice , thrice one in persons three , alike eternall , like of might , although distinct ye be . i pray thee father , through thy sonne , thy word immortall still , the great archangell of records , and worker of thy will , to make thy holy spreit my muse , and eik my pen inflame , aboue my skill to write this worke , to magnify thy name . into the turning still of times , i erre , no time can be , where was and is , and times to come , confounded are all three : i meane , before great god in heauen , ( for sunne and moone deuides the times in earth by houres and dayes , and seasons still that slides . ) yet man , whome man must vnderstand , must speake into this case , as man ; our flesh will not permit , wee heauenly things imbrace . then , as i els began to say , one day it did fall out , as glorious god in glistering throne , with angels round about did sit , and christ at his right hand , that crafty satan came , deceyuer , lyar , hating man , and gods most sacred name . this olde abuser stood into the presence of the lord : then in this maner christ accus'de the sower of discord : i know , thou from that citie comest , constantinople great , where thou hast by thy malice made the faythlesse turkes to freat : thou hast inflamde their maddest mindes with raging fire of wraith , against them all that doe professe my name with feruent fayth . how long , o father , shall they thus , quite vnder foote be tred , by faythlesse folkes , who executes what in this snake is bred ! then satan answered , fayth ? quoth he , their fayth is too too small ; they striue , me thinke , on eyther part , who farthest backe can fall : hast thou not giuen them in my hands , euen both the sides , i say , that i , as best doth seeme to me , may vse them euery way ? then iehova , whose nod doth make the heauens and mountaynes quake , whose smallest wrath the centers makes of all the earth to shake ; whose word did make the world of nought , and whose approouing syne did stablish all , euen as we see , by force of voyce diuine : this god began from thundering throate graue words of wayght to bring : all christians serue my sonne , though not aright in euery thing . no more shall now these christians be with infidels opprest , so of my holy hallowed name the force is great and blest desist ô tempter . gabriel , come , o thou archangel true , whome i haue oft in message sent to realmes and townes anew . go quickly hence to venice towne , and put into their mindes , to take reuenge of wrongs the turkes haue done in sundry kindes . no whisling winde with such a speed , from hilles can hurle ore heugh , as he whose thought doth furnish speed , his thought was speed aneugh . this towne it stands within the sea , fiue miles or thereabout , vpon no ile nor ground , the sea runnes all the streetes throughout , who stood vpon the steeple head , should see a wondrous sight , a towne to stand without a ground , her ground is made by slight : strong timber props dung in the sea do beare her vp by art , an i le is all her market-place , a large and spacious part . a duke with senate ioynd doth rule , saint marke is patron chiefe , ilk yeare they wedde the sea with rings to be their sure reliefe . the angell then arriu'd into this artificiall towne , and chang'd in likenes of a man , he walkes both vp and downe , while time he met some man of spreit , and then began to say , what do we all ? me thinke we sleepe : are we not day by day ▪ by cruell turkes and infidels most spitefully opprest ? they kill our knights , they brash our forts . they let vs neuer rest . go too , go too , once make a proofe : no more let vs desist : to bold attempts god giues successe , if once assay we list . with this he goes away . this man vnto an other tells the purpose , whereunto they both agree among themsels . this other to an other tels , and so from hand to hand it spreads and goes , and all that heard it , necessare it fand . and last of all it comes vnto the duke and senates care , who found it good , and followed furth the same as ye shall heare . the towne was driuen into this time , in such a pitteous strait by mahometists , that they had els giuen ouer all debait . the turke had conquest cyprus i le , and all their lands that lay without the bounds of italie , almost the whole , i say : and they for last refuge of all , had moou'd each christian king , to make their churches pray for their reliefe in euery thing . the towne with pitteous plaints did call vpon the lord of might , with praying still and fasting oft , and groning all the night : was nothing heard but sobs and sighs , was nothing seene but teares , yea sorrow draue the brauest men with mourning to their beares . the women swound for sorrow oft , the babe for woe did weepe , to see the mother giuing milke , such dolefull gesture keepe . young men and maides within the towne were ay arraid in blacke , each eau'n the sunne was sooner hid then earst , the night to macke . no venus then , nor cupid false , durst kyth or once appeare , for pale distresse had banisht them , by sadde and sory cheare . as seas did compasse them about , as seas the streets did rin , so seas of teares did euer flow the houses all within . as seas within were ioynd with howles , so seas without did rayre , their carefull cries to heauen did mount , resounding in the ayre . o stay , my muse , thou goest too farre : shew where we left before , lest trickling teares so fill my pen , that it will write no more . then venice being in this state , when gabriel there was sent , his speaches spread abroad , made towne and senate both so bent to take reuenge , as they implorde the christian princes ayd , of forces such , as easily , they might haue spar'd and may'd . at last , support was graunted them , the holy league was past , al 's long to stand , as twixt the turkes and christians warre should last . it was agreed , that into march , or aprill euery yeare , the army should on easterne seas , conuene from farre and neare . thus bent vpon their enterprise , the principals did conueene , into messena to consult , what order should haue beene obseru'd in all their army great : there don iohn d' austria came , their generall great , and venier al 's came there in venice name ▪ from genes andrea dor●● came , and rome colonne sent , when they with others many dayes had into counsayle spent . in end ascagnio dela corne , a martiall man and wise , his counsayle gaue , as ye shall heare vpon their enterprise . three causes be ( ô chieftaynes braue ) that should a generall let , on fortunes light vncertayne wheele the victory to set : first , if the losse may harme him more , then winning can auayle , as if his realme he doe defend from them that it assayle . the next , is when the contrare host is able to deuide , for sicknesse sore , or famine great , then best is to abide . the third and last , it is in case his forces be too small , then better farre is to delay , then for to per●●● all . but since of these two former poynts we need not stand in doubt , then though we leese , we may defend our countries round about . as to the last , this armie is so awfull , strong and fayre , and furnisht so with necessares through your foreseeing care , that nought doth rest but courage bolde . then since your state is such , with trust in god assay your chaunce . good cause auayleth much . but specially take heed to this , that ere ye make away , ye order all concerning watre , into their due array : for if while that ye see your foes , ye shall continue all , then shall their sudden sight with feare your brauest spreits appall . each one commaund a sundry thing , astonisht of the case , and euery simple soldat shall vsurpe his captaynes place . this counsall so contents them all , that euery man departs , with whispering much , and so resolues with bold magnanime hearts . their preparations being made , they all vpon a day , their biting ankers gladly wayde , and made them for the way . the grecian fleet , for helens cause that neptunes towne did sacke , in braue array , or glistring armes , no match to them could macke . there came eight thousand spaniards braue from hote and barren spayne , good ordour-keepars , cold in fight , with proud disdaynfull brayne , from pleasant fertill italie , there came twelue thousand al 's , with subtill spreits bent to reuenge , by crafty meanes and fals . three thousand almans also came , from countries cold and wide , these money men with awfull cheare the chock will dourely bide . from diuers parts did also come , three thousand venturers braue , all voluntaires of conscience mou'd , and would no wages haue . armde galleyes twice a hundr'and eight , six shippes all wondrous great , and fiue and twenty loadned shippes , with baggage , and with meat ; with fourty other little barkes , and prettie galeots small . of these aforesayd was compound the christian nauie all . this cloud of gallies thus began on neptunes backe to rowe : and in the ships the marriners did skippe from towe to towe . with willing minds they hayld the tyes , and hoyst the flaffing sayles , and strongest towes , from highest mastes , with force and practique hayles . the forceats lothsomly did rowe , in gallies ' gainst their will , whom galley-masters oft did beat , and threaten euer still . the foming seas did bullor vp , the risking oares did rash , the souldats pieces for to clenge did showres of shots delash . but as the deuill is ready bent , good workes to hinder ay , so sowd he in this nauy strife , their good successe to stay . yet did the wisdomes of the chiefes , and of the generall most , compound all quarrels and debates that were , into that host , preferring wisely as they ought , the honour of the lord , vnto their owne , the publike cause , to priuate mens discord . the feathered fame of wondrous speed . that doth delight to flee on tops of houses pratling all that she can heare or see , part true , part false : this monster strange among the turkes did tell , that diuers christian princes ioynd , resolu'd with them to mel . then spyes were sent abroad , who told the matter as it stood . except in arythmetique ( as it seemd ) they were not good : for they did count their number , to be lesse then was indeed , which did into the great turkes mind a great disdayning breed . a perrilous thing , as euer came into a chieftaynes brayne , to set at nought his foes ( though small ) by lighleing disdayne . then selym sent a nauy out , who wandred without rest , whill time into lepantoes gulfe , they all their ankers kest . in season when with sharpest hooks the busie shearers cowe the fruitfull yellow locks of gold , that doe on ceres growe , and when the strongest trees for weight of birth doe downeward bow their heauy heads , whose colourd knops in showres rayne ripely now , and husband men with woodbind crownes , to twice borne bacchus dance , whose pleasant poyson sweet in taste , doth cast them in a trance : into this riping season sure , the christian host , i say , were all assembled for to make them readie for the way . but or they from messena came , the vines were standing bayre , trees voyd of fruite , and ceres polde , and lacking all her hayre : but when that leaues , with ratling falles in banks of withered boughes , and carefull labourers doe begin to yoke the paynefull ploughes , the nauies neere to other drew , and venier ( sent before ) gaue false alarum , sending word , the turkes had skowp'd the score , that fifty gallyes quite were fled . this word he sent expresse , to make the christians willingly to battell them addresse . as so they did , and entred all , ( moou'd by that samin flight ) into lepantoes gulfe , and there preparde them for the fight . whill this was doing here on earth , great god , who creates all , ( with wakrife eye preordoning what euer doth befall ) was sitting in his pompous throne , in highest heauen aboue , and gloriously accompanide with iustice and with loue : the one hath smiling countenance , the other frowning cheare : the one to mercy still perswades him as a father deare : the other for to powre his plagues vpon repining sinne , and fill the fields with wofull cryes , the houses all with dinne . but yet the lord so temperates them , that both doe brooke their place , for iustice whiles obtaynes her will , but euermore doth grace : iehova al 's hath balances , wherewith hee weighes aright the greatest and the heauiest sinnes with smaller faults and light : these grace did moue him for to take : and so he weighed in heauen the christian faults , with faithlesse turkes . the ballance stood not eauen , but sweyd vpon the faythlesse side . and then with awfull face , frownd god of hosts , the whirling heau'ns for feare did tremble space . the stayest mountaynes shuddred all , the grounds of earth did shake , the seas did bray , and plutoes realm ▪ for horrour cold did quake . how soone aur●raes ioyfull face had shead the shady night , and made the chiuering larks to sing for gladnesse of the light , and phoebe with inconstant face , in seas had gone to rest , and phoebus chasing vapours moyst , the skye made blew celest ; the generall of the christian host , vpon his galley mast , the bloudy signe of furious mars , made to be fixed fast . then , as into a spacious towne , at breaking of the day , the busie worke-men doe prepare their worklumes euery way . the wright doth sharpe his hacking axe , the smith his grinding file , glasse-makers beets their fire that burnes continuall , not a while : the paynter mixes colours viue , the printer letters sets , the mason clinks on marble stones , which hardly drest he gets : euen so , how soone this warriour world with earnest eyes did see yon signe of warre , they all preparde to winne or else to dye : here hagbutters prepar'd with speed a number of bullets round ; there cannoners , their cannons steild , to make destroying sound ; here knights did dight their burnisht brands , their archers bowes did bend , the armorers on corslets knockt , and harnesse hard did mend , the fiery marriners at once made all their tackling claire with whispering dinne , and cryes confus'd , preparing here and there : as busie bees within their hiues with murmuring euer still , are earn'st vpon their fruitfull worke , their empty holes to fill . the flags and ensignes were displayd , at zephyrs will to waue , each paynted in the colours cleare of euery owner braue . but all this time , in carefull minde the generall euer rolde , what maner of aray would best fit such an army bolde . to pance on this it paynd him more , this more did trouble his brest , then cannons , cor●e-lets , bullets , tackle , and swords , and bowes , the rest . and at the last with ripe aduice , of chieftaynes sage and graue , he shead in three , in cressents forme , this martiall army braue : the generall in the battayle was , and colonell vndertooke the right wing with the force of genes , the left did venier brooke . when this was done , the spanish prince did rowe about them all , and on the names of speciall men , with louing speach did call , remembring them how righteous was their quarrell , and how good , immortall praise , and infinit gaynes , to conquere with their blood ; and that the glory of god in earth , into their manhead stands , through iust reliefe of christian soules from cruell pagans hands . but if the enemie triumphed of them and of their fame , in millions men to bondage would , professing iesvs name , the spaniol prince exhorting thus with glad and smiling cheare , with sugred words and gesture good , so pleas'd both eye and eare , that euerie man cryed victorie . this word abroad they blew , a good presage that victorie thereafter should ensew . the turquish host in manner like themselues they did aray , the which two bashas did commaund and order euery way . for portan basha had in charge , to gouerne all by land , and ali-basha had by sea the onely chiefe command , these bashas in the battaile were , with mo then i can tell , and mahomet bey the right wing had , the left ochiali fell . then ali-basha visied all with bold and manly face , whose tongue did vtter courage more then had alluring grace : he did recount amongst the rest , what victorie turkes obtaind on caytife christians , and how long the ottomans race had raignd : he told them al 's , how long themselues had victours euer bene , euen of these same three princes small , that now durst so conuene . and would ye then giue such a lye vnto your glories past , as let your selues be ouerthrowne by loosers at the last ? this victory shall europe make to be your conquest pray , and all the rare things therein till , ye carry shall away : but if ye leese , remember well how ye haue made them thrall , this samin way , or worse shall they demayne you one and all , and then shall all your honours past , in smoake euanish quite , and all your pleasures turne in payne , in dolour your delite : take courage then , and boldly to it , our mahomet will ayd , conducting all your shots and stroakes of arrowe , dart , and blayd : for nothing care , but onely one , which onely doth me fray , that ere with them we euer meet , for feare they flee away . this speach did so the army please , and so their mindes did moue , that clinks of swords , and rattle of pikes , his speaches did approue . the glistring cleare of shining sunne made both the hosts so glaunce , as fishes eyes did reele to see . such hewes on seas to daunce : but titan shinde on eyes of turkes , and on the christians backs , although the wauering wind , the which but seldome setling tacks , the turks did second euer still , whill but a little space before the chocke , ô miracle ! it turnd into their face : which christians ioyfull as a s●ale and token did receaue , that god of hosts had promis'd them , they victory should haue . how soone a cannons smoaky throat the seas did dindle all , and on bellona bold and wise , and bloudy mars did call , and that the sounding cleare of brasse , did al 's approue the same , and kindled courage into men , to winne immortall fame . but what ? me thinke i doe intend this battayle to recite , and what by martiall force was done , my pen presumes to write , as if i had yon bloody god , and all his power seene , yea to descriue the god of hosts , my pen had able bene : no , no : no man that witnesse was , can set it out aright . then how can i by heare-say doe , which none could doe by sight ? but since i rashly tooke in hand , i must assay it now , with hope that this my good intent ye readers will allow : i also trust , that euen as he who in the sunne doth walke , is colourd by the samin sunne , so shall my following talke , some sauour keepe of martial actes , since i would paint them out , and god shall to his honour al 's my pen guide out of doubt . this warning giuen to christians , they with turkes yoake here and there , and first the sixe aforesayd shippes , that were so large and fayre , and placed were in former ranks , did first of all pursew with bullets , raisers , chaynes , & nayles , that from their pieces flew : their cannons rummisht all at once , whose mortall thudding draue the fatall turkes , to be content with thetis for their graue . the fishes were astonisht all , to heare such hideous sound , the azure skye was dim'd with smoke : the dinne that did abound , like thunder rearding rumling raue with roares the highest heauen , and pearst with pith the glistring vaults of all the plannets seauen : the piteous plaints , the hideous howles , the grieuous cryes and mones , of millions wounded sundry wayes , but dying all at ones , conioynd with former horrible sound , distemperd all the ayre , and made the seas for terrour shake with braying euer where : yet all these vnacquainted roares , the fearefull threatning sound , ioynd with the groning murmuring howles , the courage could not wound so farre of turkish chieftaynes braue , as them to let or fray , with boldest speed their grieuous harmes with like for to repay , who made their cannons bray so fast , and hagbuts crack so thicke , as christians dead in number almost did counteruayle the quicke , and sent full many carcages of seas to lowest ground , the cannons thuds and cries of men did in the sky resound , but turkes remaynd not long vnpayd euen with their proper coyne , by bitter shots , which christians did to former thundring ioyne : dead dropt they downe on euery side , their sighing spreits eschewes , and crosses sty● into disdayne , to heare infernall newes : yea scarcely could the ancient boate such number of soules contayne , but sobbed vnderneath the weight of passengers prophane . while here the father stood with sonne , a whirling round doth beare the lead that dings the father in drosse , and fils the sonne with feare ; whill there a chieftayne shrilly cryes , and soldats doth command , a speedy pellet stops his speach , and stayes his poynting hand ▪ whill time a clustered troupe doth stand amaz'd together all , a fatall bullet them among , makes some selected fall : the hideous noyse so deaf'd them all , increasing euer still , that ready soldats could not heare their wise commaunders will ; but euery man as mars him moou'd , and as occasion seru'd , his duty did , the best he might , and for no perill sweru'd : their old commaunders precepts past they put in practise then , and onely memory did commaund that multitude of men . thvs after they with cannons had their duty done afarre , and time in end had wearied them of such embassad warre , a rude recounter then they made , together galleys clipt , and eche one other rasht her nose , that in the sea was dipt : no maner of man was idle then , each man his armes did vse : no scaping place is in the seas , though men would mars refuse : the valiant knight with coutlasse sharpe , of fighting foe doth part the bloody head from body pale , whill one with deadly dart doth pearce his enemies heart in twayne , another fearce doth strike quite through his fellowes arme or leg , with poynted brangling pike . the cannons leaue not thundering of , nor hagbuts shooting still , and seldome powder wastes in vayne , but eyther wound or kill : yea euen the simple forceats fought with beggers bolts anew , wherewith full many principall men , they wounded sore and slew ; whill time a christian with a sword , le ts out a faythlesse breath , a turke on him doth with a dart reuenge his fellowes death , whill time a turke with arrow doth shoot thorow a christians arme , a christian with a pike dooth pearce the hand that did the harme : whill time a christian cannon killes a turke with threatning sound , a hagbut hits the cannoner , who dead , falls to the ground : the beggers bolts by forceats casten , on all hands made to flye , iaw-bones and braynes of kild and hurt , who wisht ( for payne ) to dye . the clinks of swords , the rattle of pikes , the whirre of arrowes light , the howles of hurt , the captaynes cryes in vayne , doe what they might : the cracks of galleyes broken and bruz'd , of gunnes the rumbling beare resounded so , that though the lord had thundred , none could heare . the sea was vernish'd red with blood , and fishes poyson'd all , as iehoua by moses rodde , in aegypt made befall . this cruell fight continued thus vncertayne all the while : for fortune oft on either side did frowne , and after smile . it seem'd that mars and pallas both did thinke the day too short , with bloody practise thus to vse their olde acquainted sport : for as the slaughter ay increast , so did the courage still of martiall men , whome losse of friends enarm'd with eigre will ; the more their number did decrease , the more that they were harmd , the more with mars then were they fild with boldning spite inarm'd : now vp , now downe on either side , now christians seemd to winne , now ouerthrowne , and now agayne , they seemd but to beginne . my pen for pitty cannot write , my hayre for horrour stands , to thinke how many christians there were kild by pagane hands . o lord , throughout this labyrinth make me the way to view , and let thy holy threefold sprcit be my conducting clew . o now i spy a blessed heauen , our landing is not farre : loe , good victorious tydings comes , to end this cruell warre . in all the time that thus they fought , the spanish prince was clipt with ali-basha , whome to meet , the rest he had oreslipt , and euen as throughout both the hosts , dame fortune varied still , so kythde she twixt those champions two , her fond inconstant win : for after that the castles foure of gallies both , with found , and slaughter huge , their bullets had in other made rebound , and all the small artillery , consumde their shots below , in killing men , or else to cut some cable strong , or towe : yet victory still vncertayne was , and soldats neuer ceast ( with interchange of pikes and darts , ) to kill or wound at least . in end , when they with bloud abroad , had bought their meeting deare , the victory first on spanish side began for to appeare : for euen the spanish prince himselfe did hazard at the last , accompanied with boldest men , who followd on him fast , by force to winne the turkish decke , the which he did obtayne , and entered in their galley syne , but did not long remayne : for ali-basha prou'd so well , with his assisters braue , that backward faster then they came their valiant foes they draue , that glad they were to scape themselues , and leaue behind anew of valiant fellowes carcases , whom thus their enemies slew . the generall boldned then with spight , and vernisht red with shame , did rather chuse to leese his life , then time his spreading fame : and so of new encouraged his souldiers true and bolde , as now for eigrenesse they burne , who earst were waxed cold : and thus they entred in agayne , more fiercely then before , whose rude assault could ali then resist not any more , but fled vnto the fort at stevin , for last refuge of all , abiding in a doubtsome feare , the chance he did befall . a macedonian souldier then , great honour for to win , before the rest in earnest hope , to basha bold did rin , and with a cutlace sharpe and fine , did whip me off his head , who lackt not his reward of him that did the nauy lead : the generall syne caus'd fixe the head vpon his galley mast . at sight whereof , the faythlesse host ▪ were all so sore agast , that all amaz'd gaue backe at once , but yet were stayd agayne , and neuer one at all did scape , but taken were or slayne , ochiali except , with three times ten great galleyes of his owne , and many of the knights of malt , whome he had ouerthrowne : but if that he with his conuoy had mist a safe retreat , no newes had selym but by brute , heard euer of this defeat . when thus the victory was obtaynd , and thanks were giuen to god , twelue thousand christians counted were , releeu'd from turquish rod. o spanish prince , whome of a glance and suddenly away the cruel fates gaue to the world , not suffering thee to stay ! with this the still night sad and blacke the earth oreshadowed then , who morpheus brought with her and rest , to steale on beasts and men . bvt all this time was venice towne reuoluing what euent might come of this prepared fight , with doubtsome mindes and bent : they long'd , and yet they durst not long , to heare the newes of all : they hoped good , they fear'd the euill , and kest what might befall . at last the ioyfull tydings came , which such a gladnesse bred , that matrons graue , and mayds modest , the market place bespred : anone with cheerefull countenance they dresse them in a ring , and thus the formost did begin syne all the rest to sing . chorus venetus . sing praise to god both young and olde , that in this towne remayne , with voyce , and euery instrument , found out by mortall brayne : sing praises to our mighty god , prayse our deliuerers name , our louing lord , who now in need , hath kythd to be the same . the faythlesse snares did compasse vs , their nets were set about : but yet our dearest father in heauen , he hath redeemd vs out . not onely that , but by his power , our enemies feet they slayd , whom he hath trapt , and made to fall into the pit they made . sing prayses then both young and olde , that in this towne remayne , to him that hath releeu'd our necks , from turkish yoke prophane . let vs wash off onr sinnes impure , cast off our garments vile , and haunt his temple euery day , to pray his name a while . o prayse him for the victory , that he hath made vs haue : for he it was reueng'd our cause , and not our army braue : prayse him with trumpet , piphre , & drum , with lutes and organes fine , with viols , gitterns , cistiers al 's , and sweetest voyces syne : sing prayse , sing prayse both yong and old , sing prayses one and all , to him that hath redeemd vs now , from cruell pagans thrall . in hearing of this song , me thinks , my members waxes faynt , nor yet from dulnesse can i keepe my minde by no restraint . but loe , my yrny head doth no● vpon my adamant brest , my eye-lids will stand vp no more , but fall to take them rest . and through my weake and weary hand , doth slide my pen of lead , and sleepe doth else possesse me all , the similitude of dead . the god with golden wings through ports of horne doth to me creepe , who changes ofter shapes transformd , then proteus in the deepe . how soone he came , quite from my mind , he worldly cares remoou'd , and all my members in my bed , lay still in rest belou'd . and syne i heard a ioyfull song , of all the feathered bands of holy angels in the heauen , thus singing on all hands . chorus angelorum . sing , let vs sing with one accord hallelu-iah on hye , with euery elder that doth bow before the lambe his knee : sing foure and twenty all with vs , whill heauen and earth resound , replenisht with iehouas prayse , whose like cannot be found : for he it is , that is , and was , and euermore shall be , one onely one vnseparate , and yet in persons three . prayse him , for that he create hath the heauen , the earth , and all , and euer hath preseru'd them since from their ruine and fall : but prayse him more , if more can be , that so he loues his name , as he doth mercy shew to all that doe professe the same : and not alanerly to them professing it aright : but euen to them that mixe therewith their owne inuentions slight : as specially this samin time most playnely may appeare , in giuing them such victory that not aright him feare : for since he shewes such grace to them that thinke themselues are iust , what will he more to them that in his mercies onely trust ? and sith that so he vses them that doubt for to be sau'd , how much more them that in their hearts his promise haue engrau'd ? and since he doth such fauour shew to them that fondly pray to other mediatours , then can helpe them any way : o how then will he fauour them , who prayers doe direct vnto the lambe , whom onely he ordaynd for that effect ? and since he doth reuenge their cause , that worship god of bread , ( an errour vayne the which is bred but in a mortall head ) then how will he reuenge their cause that onely feare and serue his dearest sonne , and for his sake will for no perils swerue ? and since that so he pities them that beare vpon their brow the marke of antichrist the whoore , that great abuser now , who does the truest christians with fire and sword inuade , and make them holy martyrs , that their trust in god haue layd , how will he them that thus are vsde , and beare vpon their face his speciall marke , a certayne signe of euerlasting grace ? put end vnto the trauels ( lord ) and miseries of thy saynts , remouing quite this blindnesse grosse , that now the world so dants ▪ sing prayses of his mercy then his superexcellence great , which doth exceed euen all his works that lye before his seat : and let vs sing both now and ay to him with one accord , o holy , holy , god of hosts , thou euerliuing lord. thus ended was the angels song : and also here i end , exhorting all you christians true your courage vp to bend . and since by this defeat ye see , that god doth loue his name so well , that so he did them ayd that seru'd not right the same : then though the antichristian fect against you doe coniure , he doth the body better loue then shaddow , be ye sure : doe ye resist with confidence , that god shall be your stay , and turne it to your comfort , and his glory now and ay . finis . king james, his apopthegmes, or table-talke as they were by him delivered occasionally and by the publisher (his quondam servant) carefully received, and now humbly offered to publique view, as not impertinent to the present times / by b.a. gent. agar, ben, 17th cent. this text is an enriched version of the tcp digital transcription a46413 of text r8288 in the english short title catalog (wing j127). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 47 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a46413 wing j127 estc r8288 12417833 ocm 12417833 61750 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(eebo-tcp ; phase 1, no. a46413) transcribed from: (early english books online ; image set 61750) images scanned from microfilm: (early english books, 1641-1700 ; 943:15) king james, his apopthegmes, or table-talke as they were by him delivered occasionally and by the publisher (his quondam servant) carefully received, and now humbly offered to publique view, as not impertinent to the present times / by b.a. gent. agar, ben, 17th cent. james i, king of england, 1566-1625. [2], 14 p. printed by b.w., london : 1643. reproduction of original in huntington library. eng great britain -history -early stuarts, 1603-1649. a46413 r8288 (wing j127). civilwar no king james his apopthegmes; or table-talke: as they vvere by him delivered occasionally: and by the publisher (his quondam servant) carefull james i, king of england 1643 8503 26 0 0 0 0 0 31 c the rate of 31 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2006-02 tcp assigned for keying and markup 2006-03 apex covantage keyed and coded from proquest page images 2007-04 ali jakobson sampled and proofread 2007-04 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion king james his apopthegmes or , table-talke : as they vvere by him delivered occasionally : and by the publisher ( his quondam servant ) carefully received ; and now humbly offered to publique view , as not impertinent to the present times . by b. a. gent. london printed by b. w. 1643. the preface , or , induction to the reader . as the queen of sheba declared the servants of solomon to be happy which stood continually before him , and that heard his wisdome 1 king. 10. 8. i may as confidently affirm , that never since hath any age produced a prince of so neere affinity , or resemblance unto him ( who of so ample indowments ) in wisdome , judgement , and equity , hath enlarged himselfe in his life time ; witnesse the many , and manifold unparalelled trophies of his excellencies yet remaining , which flowed not alone from his pen , and indefatigable dexterity , but sacred lips also , by eloquent discourses , as well as profound documents , and deep commentaries ; whereof a late extraction is yet extant in view : i therefore conceived it a needfull duty , in pious imitation of the former , to revive the memory of so just and learned a master , in his ordinary discourses and table-talke , accounting my selfe the most happy ( though least worthy ) of many , to partake of such gracious opportunities which those halcian dayes did plentifully afford ; conceiving it might be objected against me as a piece of ingratitude , to have deprived the time or posterlty of such gems and inferences , meet for discourse upon contingent occasions . these were heedfully observed , and carefully taken from the sacred mouth of the first speaker , king james of famous memory , accidentally falling long time since upon discourse , and table-talke , at open meales , in his majesties royall presence , or privy chamber ( doubtlesse in the hearing , and yet perfect remembrance of divers of his majesties neere servitu●es and attendants yet living ) they were assiduously collected , as well at his majesties own standing houses , as also in his forraigne progresse both in england and scotland , with the sundry times and places , when , where , and upon what occasions , or arguments they were uttered , a catalogue whereof , i have presumed hereafter to insert , for some peculiar use of these refractory times ; all which i may boldly affirme have been providently preserved , and newly revised and published in times of distemper and distraction ; who knoweth otherwise , then to make good and accomplish the ancient and moderne prophesies and predictions of those contingencies which have reference to the royall person of so incomparable a soveraign ; whereof some have had their period already , in and upon his person living , and now since his decease , may from his corps and ashes , reflect some analogy and resemblance ; as for example , in that of mother shepton , that england should tremble and quake for dread ; a dead man that should speake , &c. before i dare not conclude or determine , but then in fine , i am assured , when ( together with that royall , sacred , and divine spirit of his , soule and body re-unite ) each single person , no lesse members , as glorious saints of god , with angels , and archangels , shall in a joyfull and heavenly quire ( with the church triumphant ) sing , gloria in excelsis , &c. for evermore , amen . to wa●● the vulgars cataract , and quit each single stake , ( i 've 〈◊〉 the light growne dim ) by what a dead king spake . per me b. a. king iames his apopthegmes ; or , table-talke . 1. that it is a maxime in the romish religion , declared by most of their own writers , that the pope may , if he will , at one masse , free all the soules out of purgatory . his majesties inference on this position was , with abnegation of the popes charity , and admiration of his unparalel'd cruelty , that being granted to have power so to doe , doth not , nor may not apply his will unto it . if it were possible for one man to free all the world from hell , ought he not to doe it , &c. 2. that the wearing of leeks on st. davids day by the welchmen , was a good , honourable , and commendable fashion ; seeing that all memorable acts have by their agents something worne for distinction , and also to preserve the memory thereof unto posterity ; even as the passeover was to the jews ; that when their children should aske why they went girded , with staves in their hands , they might shew them the cause , &c. so the welchmen in commemoration of the great fight by their black prince of wales , doe weare leeks , as their chosen ensigne , &c. 3. at cambridge , &c. that an infallid thing may be discerned and knowne , by a fallid meanes ; as for example , our senses are fallid , but by them , wee know many things infallid , &c. whence the papists inferre ; that because the church is visible , therefore the chiefe head must be visible : the universall church consisteth of two parts , one visible , the other invisible ; to wit , a visible body , and an invisible spirit , and therefore the chiefe head of the church should rather be visible , but we grant many visible substitutes over the church as subordinate rulers under the chiefe , &c. 4. his majestie observed a quaint interrogatory put to a jealous lover out of that famous comedy of ignoramus ; the which his majestie highly commended ; viz. whether he desired most , or rather to be termed , publius cornolius , or cornelius tacitus . in further approbation of which comedie , beside in opposition and dislike of another comedie performed and acted before his majestie by the schollers of the universitie of oxford , that as in cambridge , one sleepe made him wake , so in oxford one wake made him sleepe . 5. doctor baily holding conference with the king touching the popes arrogancy , alluding to christs answer to his apostles , he that desires to beare rule , let him be the least among you ▪ and therefore the pope doth sometimes colourably terme himselfe servus servorum , &c. to which the king replies , that by such argument or inference he could prove the pope to be humbly minded ; to which the doctor answeswered , that he did not alwayes so account himselfe ; save onely when he had purpose to delude or deceive , otherwise he esteemed himselfe dominus dominantium , &c. his maiesties determination on the point , was , that the popes calling himselfe servus servorum , &c. was rather in a more strict and peculiar sence , as th●t he was servus petri , &c. sive mariae virgims , &c. and so by consequence servus servorum dei , &c. toward all other dominus dominantium , &c. so likewise to be a professed catholike , is to be a true christian , but to be a romane catholike is it which marreth the matter . it was the reproofe of the donatists , which were accounted catholiques , but confined their profession into one corner of affrica . so also the romanists ; whereas the true catholique is universall . 6. at edenbrough in scotland ; tertio dei junii , anno dom. 1617. that whereas our saviour saith , it is as easie for a camell to passe through the eye of an needle , as for a rich man to enter into the kingdome of heaven , &c. the pope perverteth that saying ; for that none shall have no pardons but such as pay for them , so consequently , the rich are more easie to enter into heaven then the poore , because the one can have pardon when he will , but the other is not able to purchase it ; and thereupon his majestie concluded the pope to be iustly called a merchant of mens soules , as it is set forth in the 18. of the revelation , &c. 7. concerning that saying , that the gates of hell shall not prevaile , &c. that therefore their church of rome cannot fall ; because of the certainty of gods promise to his church , which they falsely attribute unto themselves . the question only remaines in the circumstance of time , as betweene their church , and the true church , to wit , whether it be already past , or shall be hereafter ; for they deny not , but there shall be a generall defection , & antichrist shall be revealed , &c. but they deny it yet to be , and we say it is already past and fulfilled in themselves ; but his majesties absolute determination upon this point was ; the question between them and us to be the same which is yet between the jewes & christians ; for they deny not but that a messiah and saviour must , and shall come , and yet have him in a dayly expectation ; but the christian holdeth that he is come already , & hath bin in the world , and hath performed all things preappointed of god his eternall father ; even such or the very like , is the question between the papists and protestants concerning the right and true worship of that messiah . the church millitant his majestie compared to the moon so full of changes , his reason for this opinion he gave , was , for that he could not see a church in any place peaceably setled , but before he could duly consider thereof , he forthwith perceived the face of it changed , except it were those of germany and the low countries , as the lutherans and calvinists , &c 8. at edengbrough , and fawkeland , and other places in the kingdome of scotland , &c. 23. junii , 1617. god is never better honored , then in giving him true worship , and in loving good men . the king at that time declared himself resolved alwayes to kneele at the sacrament , and that for to testifie his humility toward god , being a king , and the rather for example sake to others that are set under him ; he said he would not retaine willingly a gout in the knee , alluding to doctor lawds sermon a little before made upon that subiect . his majestie confessed the gout in the knee very troublesome & offensive indeed , and that by a particular experiment of his owne , upon an accidentall hurt which he received on his foot at newmarket , being to receive the holy communion on christmasse day following , and resolved to take the same kneeling , as aforesaid , provoked his whole body into a very great sweat and anguish , and therefore concluded the gout in the knee to be a maine impediment for sacred duties , and so conceived it the easier way to sit , and then the mind might have the better opportunity to rove and wander after other prophane and wanton cogitations : his majestie did acknowledge that we could never doe too much worship toward god ; should we not ( said he ) exceed the turkes : who in their false worship doe fall often flat on their faces , & rise often in the night to performe false worship , and this they are injoyned to doe , or otherwise they account themselves damned ; he confessed too much worship might be rendred to our lady and other saints , but doubtlesse never too much to god , and christ his anointed . on the contrary , his majesties opinion concerning the essence of gods deity , and how some will seem to flatter him , &c. and thereupon commended a translation , that was so direct , as it described god as he was ; for he cannot bee flattered . as for example , god is said to be omnipotent , it is true ; yet there are some things that he cannot have done as he would , in respect of mans depraved nature . againe , he made all things ; true , all that we can behould ; but there was a place in which he was before he made the world . agayne , it is said that he is every where ; true , but as a king is by his ambassadors , not personally every where . againe , it is further said that god is unchangeable ; yet it is also said many times that he repents ; and therfore though kings may somtimes be flattered , yet god never can , &c. that he did not know nor read of above three iewes converted in 20. yeers , &c. that the turk sent him ambassage since his comming to england , to follow the steps of queene elizabeth , and not to professe idolatrie , for that would overthrow his crowne , &c. that the turks will not suffer the iewes among them to sacrifice , for that was flat against their lawes : as we will not suffer the papists to worship the masse , because against our lawes , &c. that the iewes had been so bitten with punishments for idolalrie , that they would never indure any shew of it . that the religion of the turks was composed of the iewish religion , of the christian , and of the arrians ; and the pollicy thereof was to draw infinites of people to his subiection that were uncertainly affected ; as in the low countries they use diversities of religions to strengthen their power , &c. but this was observed by the king to be a strange pollicy . that he confessed the turk to be the greatest prince in the world ; and yet that he did not commannd the tenth part of them which professed mahometisme , &c. that there was ten of his religion to one that professed any kind of christianity , and therefore the popes universality convinced . that through the divers compositions of the turks religion , a great part of the world was infected , as both the indies , america , persia , &c. the king professed that he would choose rather to turn turk , then in some fables beleeve bellarmine , &c. 9. octavo die julii , anno domini , 1617. at fawkeland . that a germane was naturally the most constant to himselfe , for although hee could well fashion himselfe to any country that he travelled into , yet returning home to his owne , he would appeare to any mans iudgement nothing changed from the manner and condition of his own nation ; and so in him is most truly fulfilled coelum non ani●um mutant qui transmare currunt ; but with the english , or any other nation , for the most part it is not so . that he oft heard the lord of northampton say , that a frenchmun , though never so grave and sober of countenance , yet at one time or other would have his friske of vanity . 10. that tobacco was the lively image and patterne of hell ; for that by allusion it had in it all the parts and vices of the world , whereby hell may be gained ▪ to wit , first , it was a smoake , so are the vanities of the world a smoake and vapour . secondly , it delighteth them who take it , so doe the pleasures of the world delight the men of the world . thirdly , it maketh men drunken and light in the head , so doe the vanities of the world , men are drunken therewith . fourthly , he that taketh tobacco , saith he cannot leave it , it doth bewitch him ; even so the pleasures of the world makes men loath to leave them , they are for the most part so inchanted with them . besides the former allusion , it is like hell in the very substance of it , for it is a stinking loathsome thing , so is hell ; it goeth in at the mouth , and out at the nose , so doth the smoke of hell through the body and head . 11. that he hath heard an old minister say touching conformity , that it would be a scandall for himselfe to conforme , yet will allow that his son may doe it ; as if he living a foole all his life , desired so to die , &c. nono die januar. an. dom. 1617. that the puritan ministers doe give growth unto the papists , and are a scandall to the true protestant profession , &c. that on christmas day last past , there were sermons preached in divers parts of scotland ; viz. at glas●oc , holyredoes , and at saint andrewes , and chose texts concerning the nativity of christ , which was more than had been done there long before . that the rector of saint andrewes , after the kings last being there , said , that in his kirk he would constrain the communicants to stand or kneele ; for hee would have but few at one time , and where they received , should be neither stool nor forme , so that of necessity they should either stand , or kneele . that a minister in edenborough did baptize a childe ( through favour to the parents ) contrary to their presbyterian canons ▪ the which thing to doe , none can be drawne unto , by the canons of the church of england : as for example , whereas it is by their lawes , that no baptisme shall be administred , but upon one certaine day , and at a sermon , and in the church , and not elsewhere upon any occasion , no not in case of necissity , when the child is like to die without it ; this is their law absolute , & there is no minister will be wrought by the king or canons of the church to do otherwise ; yet upon a time , this minister ( through favor of some perticuler parsons ) did goe to baptise a child that was sick upon another day , without any sermon , and comming hastily to the church , and finding the doores shut , did baptise the same child without the walls of the church , in the yard , without any scruple of conscience ; and yet being induced thereunto by the king and cannons ( of the church of england ) he refused to do the like , &c. that some of the ministers of scotland did confesse , that they were in as great extreame on the one side , as the papists were on the other . the like was observed for the sacrament to the sick at home ; they refused in all cases of necessity ; yet it was once done through savour to one particular person ; in which case i confesse they did not amisse ; but very ill in refusing to do it by the kings order . that a certaine minister did refuse to do as the king bade him , albeit it were a thing no way contrary to gods command , or word ; and said peremptorily , if hee did it , he was damned ; being demanded his reason thereof : said , i am gods ambassador , and if i performe any thing but what he expressely commands by his word , i am a traytor , and so consequently , i am damned . 12. anno dom. 1618. that no man can thrive that keepeth a whoore at rack and manger , to wit , openly , with iustification , &c. that to rove is proper to expresse the action of the body , but to rave is an action of the mind . that miracles are now used and maintained among the papists , to the end to confirme a false beleef on saints , according as at first christ used miracles , to cause and confirme a true beleefe on himselfe . evanglikes are not all evangelists , &c. that he is not of opinion that all specches in scripture , touching beasts or foules by allegory doth agree with the proper and peculiar natures of them ; as of that , be wise as serpents , &c. or that comparison in job to the ostridge that seemeth to neglect her young by leaving her eggs in the dust , &c. which is not the proper nature of them , as hath been approoved by barbary marchants that have seen them ; but it seemeth so outwardly , because she hideth her eggs in the sand , and so removeth a little from them , but surely for no other end but to protect them , that at the time of need , and in the hatching , to break the shell , which of it selfe cannot . 13. anno dom. 1619. that there was never any noted heretique , but the sect of him were much more hereticall . that he could find more arguments in the papists works for the pope , then the pope himselfe could doe , &c. that the canonists are the very divels of all the rest , &c ▪ that peter seeing malchus his kinsman witnesse against him , made him feare the more , and so denyed his master . that if they had accused christ of ryot , the same witnesse would have proved matter to declare his divinity in healing his eare againe . to commit a sin against the letter of the law morall , is greater then a sin against the consequent ; as for example , adultery is a greater sin then fornication , &c. that he stiled a booke once sent him , by the name of melchisedecke , being without beginning or ending ▪ &c. that he readeth more papists bookes then protestant , and from thence findeth matter to confirme him in the protestant religion . that taking all things to the strait tenor of the written letter , is the matter of jarre 'twixt puritans and us . that henry 4. of france would have sent cardinall peron to convert him , the which he denyed , for that he held him weake and shallow ; and refused to loose a heavenly crowne for an earthly , &c. that he would not admit a publike disputation between 12. papists , & 12. protestants , himselfe being chosen umpire ; because he might loose more , that would not be satisfied , then he could win , although the papists side were convicted . that in 88. he almost converted a papist , untill he heard of the spanish invasion . 14. 4. novemb. anno dom. 1620. at theobalds . &c. discourse concerning alchymy . the alchymists from a true position doe produce a false assumption to maintaine their practise ; as for example , every creature or thing hath a naturall inclination to the perfection of the same kind ; as poore silly wormes by change of climat may become serpents ; and in all minerals the perfection is gold , so all inferiall mettals have inclination to gold , which is but as we say the quintessence , fat , or creame of other mettals , and not consisting in any veine of it selfe ▪ now from this generall position , the alchymist with a certaine composition with other mettals ( most having some gold in them ) doe thinke to ripen them into gold by art , as men may doe the other fruits of the earth ; which is no certaine rule , and therefore a false assumption from a true position . that in some parts of scotland might be in time by industry procured many faire and rich pearles . that many learned writers have recorded things for truth , which experience hath falsified ; as for instance , his majestie gave his owne experience , touching the wormes found in a stagges head ; which are reported to die if put into water , but will live in wine , the which being tryed , they live equally in both . sir francis kinnaston by experience falsified the alchymists report , that a hen being fed for certaine dayes with gold , beginning when sol was in leo , should be converted into gold , and should lay golden egges ; which being tryed was no such thing ; but became indeed very fat . his majesties answer and conceit thereupon was , that surely somewhat was omitted in sir francis his experiment ; to wit , he wanted faith to beleeve , as himselfe did alwayes in the like , or such matters ; but one thing more might have been added , more amply to satisfie the experiment ; if the cocke had beene first fed with gold , and afterward have troden the hen , might haply have succeeded better , &c. 15. at royston . that no man can tell what part of the meat which he eateth turneth to nutriment , and what to excrement ; but it is the divine power , which appointeth and ordereth the same . that the often mentioning of abraham , isaac and jacob in the scriptures , is to signifie that we should celebrate the memory of good men above others , and of all , men above beasts , &c. that it is termed in scripture , the god of abraham , &c. some inferre thereupon , that these fathers are yet living in the flesh , because it is said that god is the god of the living , and not of the dead , &c. 16. at newmarket , &c. opon discourse of the strictnesse of the civill law , touching the power of womens accusations in matter of bastardy ; his majesty made mention of one that himselfe knew , that would not acknwledge to have had any child in her husbands life time ; yet after his death above three yeares , she produced a sonne to inherit her dead husbands estate , and proved the same to bee his , which hee never knew , nor owned in his life time ; and for her excuse in concealing the same in his life time , she cited his jealousie and other dangerous humours in him , for which shee durst not make knowne that ever she was with child by him . and this is the usuall custome of such as live at their stipends , and keepe houses by their husbands allowance , where their husbands are not themselves . that all humane lawes cannot be perfect , but that some must rest in their discretion of the judge , although an innocent man do perish thereby : as his maiestie further conceaved , that a jury may cast upon evidence , and a judge may give a iust sentence , and yet the partie innocent . that it were better twenty innocents did suffer , then to have all dishonest men goe free . that there is many wayes to find out truth besides evidence of reall witnesse ; to wit , the same and report of the delinquent ; whereupon master hugh may replied and mentioned master haddocks good report and opinion conceived of him in oxford ; and yet was found at last a great offendor ; whereupon his maiestie replied , the case in him was not after his meaning ; and thereupon insisted , further to exemplifie his offence , confessing the same to bee high and cappitall in respect of god and man ( meaning master haddock who preached in his sleep ) first that his maiestie did god and the country good service in discovering that man . secondly that his practise was diabolicall , and a new way to sin that his maiestie never heard of before . thirdly , that he did therein practise against god himselfe , in that he did indeavour to make his owne inventions as the oracle of god , and by that meanes to bind mens cansciences therunto to beleeve . fourthly , that his maiestie discovered him by his owne papers and notes which were brought unto the king , the which master haddock confessed to bee his own hand writing , and the notes of the sermon , which ( men say ) he preached in his sleep ; but for answer thereunto said , he only noted his sermons first in writing , and so in the night dreamt thereof , and of the same thing he had penned before ; but by this answer his maiestie convinced him upon his owne experience , concerning dreames and visions in the night ; that things studied or mentioned in the day time may be dreamt of in the night ; but alwayes irregularly without order ; but not as his sermons were , both good and learned ; as in particular , in that very sermon which he preached before his maiestie in his sleep , concerning davids waters , &c. psal. 69. wherein he treated ; first , phisically , then theologically , which is not usually in dreames so to do . fiftly , that master haddocks sinne being granted for liberty and good ; then would all capitall sins have been protected and allowed ; as blasphemy against god , treason agninst the king , slander against any man , &c. and what not ? and at last all defended under couler of being asleep . six●ly , that in all his sermons , he had alwayes some sayings in defense , or in excuse of the puritans . after the discourse ended concerning master haddock , as aforesaid ; his maiestie proceeded to mention his great trouble with that sect in scotland , and could never yet reduce the ministers from slandering in their sermons openly ; and would tell him the offences of his servants by name , as if you keep such a one ( naming him ) god will blesse you ; but if such a one ( naming him also ) you cannot prosper . that he hath been constrayned to make answer to preachers in the midst of their sermons ; who digressing from the word of god , have told him openly before his own face , of certaine communications wherein he hath not pleased their humors , although it had been privately done by me unto them , &c. that for 12. yeeres together in scotland he prayed on his knees before every sermon , that he might heare nothing from the preacher , which might afterward grieve him ; but since he came into england his prayer was to edifie of that which he heard . that one man whom the king openly called unto him in his sermon , did afterwards complayn to the presbitery , that the king molested him in the preaching of gods word ; to which complaynt his maiestie gave answer in this manner ; viz. godforbid that i should molest any in the preaching of gods word ; but i consesse that the preacher told mee before my face , many tales of a tub , as what i said to him at such a time , and what his replie was to me , and all this raylingly in a pulpit , me thought i could not conteyn my selfe , &c. but the same minister was afterward deprived , and by other ministers it was acknowledged to be iustly done . 17. that his maiesties opinion was , that the reasons that moved the foresaid master haddock to put in practise his preaching in his sleep ; did proceed from two naturall infirmities to which he was subject ; the one was stammering in speech so finding himselfe more ready to speake , being quiet in his bed , and his eies shut from any obiect to trouble his mind , he could utter himselfe more perfectly ; the second reason , was his pronesse to talke in his sleep , &c. these two , as the king conceived pricked him on to that foule practise and illusion of sathan , &c. 18. at theobalds , ann. dom. 1621. that there is more pride under diogenes and a puritans cap , then under a kings crowne . that the not paying tithes to the church , is many times the ruin of great estates . that the king hath observed some in particular , that after a long continuance of prosperity with great increase in their ancestors ; yet by neglect of tiths paying , have been impoverished , although otherwise never so provident and industrious . that he should account nothing blessed , if he should deny the necessity of tiths paying . that , against all impugnors , he would demand what conscience there were to expect ten pound use for every hundred pounds , and yet to question with god for the tenth of his owne . that this is most impugned by puritans and lecturors , that are not beneficed . that most lawyers possessing much land , do as it were fright the churchmen out of their tiths by tricks of law , and so fearing them with perilous and tedious suites that such as impugne it most , are most greedy of it , after they come to it . 19. ibid. ann. dom. 1622. that the king vowed never to be of that religion , where so grosse an opinion , as transubstantiation was so ignorantly maintained , while god kept him in his right wits . that he commended the preacher of that day for stilling the puritans of our church , protestant jesuits , as also the jesuits of the church of rome , he termed jesuiticall puritans ; for both of them are great enemies to monarchicall government . to manifest the grossnesse of their error in their opinion of transubstantiation ; the king had heard of a jew , that once stobbed the bread or wafer , and some affirme there issued out perfect blood , which among them is still kept , and they premit somtimes mice and rats to eat it , &c. now consider how disproportionable a thing it is after consecration ( if it be the very body , as they aver ) that they should allow a jew to crucifie him againe , and also for mice and ratts to eat our saviour . his majesty did vehemently inculcate the grossnesse of this error ; and furthermore said that bellarmine was much troubled about this poynt , whether the bread and wine , although much taken together , do turne to corporall nutriment or not , or transubstantiated as aforesaid , and then a greater error followeth , &c. 20. that it was strange to looke into the life of hen. 8. how like an epicure he lived , &c. it was once demanded by king hen. 8. of one , what he might do to be saved ? who answered , that he had no cause to feare , having lived so mightie a king , and done so many worthy acts in his life time ; but oh said he , i have lived too like a king ; which king iames inferred was rather like no . king ; for the office of a king is to do iustice and equity ; but he only served his sensuality like a beast , &c. 21. that a monarchicall government by secular kings and priests is the only ordinance of god ; and the republiques but only a depraved institution of man for depraved ends , as appeareth manifestly by the whole current of scripture , even from adam to the primitive church after christ , &c. that god in his wisedome approved no fitter nor safer meanes to rule his people , but by such an institution . that from the beginning , there was instituted heads over every familie , over the good and bad , as seth and his posterity , cain , lamech , even to the devell , &c. after that the 12. patriarks were as secular princes , as free as i am here , and more too ; for they had potestatem vitae & necis in themselves , without any iury ; after them the judges , and so absolute kings , with a promise that the scepter should not depart , &c. and so also after christ , to this very day . besides , among heathen and savages by naturall instinct , they ordained kings and princes , among beasts they have a king , and so among birds ; the dear hath his master of a heard , the smallest creatures have their cheef ; what shall i say then to such as will have no concordance with god , with men , with beasts , inferior creatures , with devills , nor any , but with themselves , and are all for a republique in all which i have said ; there is no mention of a republique , as if it were a strange thing to god himselfe . that his majestie did thinke many here in england , did wish their estates were lying by amsterdam ; which thing the king did also wish to such , &c. that in venice , which is governed by a republique , they do createno honors or dignities , but a merchant of venice , which is seldome , &c. that the mothers and nurses do call their children in reproach , barons , which is with us a stile of honor , &c. that the pope doth create kinghts as a secular prince . that the honor conferred upon any centurion abroad is there with no esteeme ; but the king hath made many knights of them here , &c , that no iurisdiction elective , as emperors , kings , princes , &c. is any honor or precedency to any of the allies of him elected , but personall to himselfe , &c. that to have inployment in any republique , in that state is dangerous ; for do he well or ill he is sure to rue it , and he speedeth best that doth worst ; like a scottish tale i have heard of , one that never sped well among the lawyers when he had a good cause , because he then least suspected it , and the other side bribed ; but when his cause was ill , he then also bribed , and countermanded , and so the greatest carried it for the most part , even so in republiques . that the agent here for the venetians , although he presented to the king a letter from their duke , subscribed with his own hand , with addition of all his titles , and the kings inserted , yet at the delivery , no mention made of the duke himsefe , not somuch as commendations ; but our republique greets you , &c. that the king in all his reading could never truly find what the name of a cardinall was , and yet he hath sought much for it , unlesse it were a cardo on which the wheele moves , &c. that in the primative church of rome , there were inferiors to bishops , and were but seven in number , as persons of the seven churches mentioned about rome ; but how they come to place them before bishops , and make of them princes and potentates ; and how they become the electors of the papacy , i cannot get to know . that it is strange the pope should create his owne makers and electors . that in attainder and tryall of innocents , wherein is scruple , the iustice of our state proceeds slowly , &c. 22. 28. may , ann. dom. 1622. that the preacher that day preaching out of the 29 psalme , that i offend not in my tongue , &c. he could have wished might have been before so many women , because they are most unruly therein , &c. that silence was an incomparable vertue in a woman , touching which he commended the lady marquesse buckingham . that it was strange to note , that although all the members of a man declined by age , yet the tongue never , &c. that although old men and women were prone to give ease to all their other members ; yet then the tongue most wanton , and coveting talke , &c. the palsie of all diseases most maimeth the tongue , and yet improveth its tatling or unruly motion ▪ &c. thus was his majesties reply to doctor mountaine the then bishop of london . 23. at ramcsbury in vvi●t●●ire , july 28. ann. dom. 1623. that upon report made to his majestie of a goose that loved a man , that it would never be from him wheresoever he went , and upon occasion would guard him from offence , &c. whereupon his majestie remembred that goose of the capitoll ; and further said , hee thought it as easie to prove the discent of the foresaid goose , from that goose of the capitoll , as the herolds now doe prove the discent of many gentlemen of these times , &c. 24. august 3. &c. that in the direct worship of god himselfe , we ought to be guided by the word of god , as he prescribeth in the same , and not otherwise , &c. as also in the matter of sacrifices ; but in the forme and order of ceremonies , that indeede is soly left unto the church ; but not the immediate worship , we may not therein follow our owne wills , that is the maine difference betweene the church of rome and us , if we may use a will-worship , then they are in the right , but if we may not , then we are in the right , &c. october . at f●●●●i●gbrooke &c. that it is as obsurd and wicked to account the virgin mary the queene of heaven ( according to the popes doctrine ) because she is the naturall mother of our lord , then to thinke there is a goddesse , because we have a knowne god ▪ &c. that the virgin mary was more happy in bearing christ first in her heart by faith ; then in her wombe , &c. that he did beleeve that christ did effect and love her while he was on the earth more , then any other woman ; as he had reason ; but not as he was god , but as he was man the sonne of her flesh . this doth not derogate from her due estimation , but to nullifie her power now with christ in heaven , as well as of all other saints to remit and get pardon for sinne . 25. that he lately heard newes in letters from his ambassadour , sir tho. roe in consta●●inople of strange things concerning the turkes , &c. first , that then in constantinople there was committed by the jannesaries and others , all manner of open rapes , and deflouring of women , theft , and murthers , and for these barbarism●s , no justice administred by the emperour , bashaes , nor other inferior governors ▪ which things were so strange and novell , that he thought it presaged some imminent ruine upon them , &c. that he wondred how so mighty a state could subsist at any time without the administ●●tion of justice , especially towards such offendors . that the turkes accouuted all prophets among them but as mad men ; and at that time so esteemed their emperour himselfe . that he accounted all tyrants but as fooles , intimating all the romane emperors , as nero , and the rest , who delighted in nothing but foolish things , as stage-playes , fidling , driving of charets , &c. and yet nero in some things a singular man of excellent parts . that if nero had been a private man , might have attained the estimation of a good and vertuous gentleman ; but being an emperor ▪ fell to impious fopperies , through the 〈◊〉 of his will , &c. stat pro ratione voluntas , &c. as ( doctor young ) the deane of winchester implyed . that many private persons being esteemed honest playne men , having assumed dignity and being in place of kings and monarches , have done many strange things . that bethlem gabor at this time had behaved himselfe very infamously in making peace with the turks for his own safety , and since , with the emperour , without the privity of the turk ; so that he playes iack on both sides for his own ends . that the turk and the king of poland ▪ were in great league , and that he had given the polander leave to be revenged and repayred upon the tartars , for his late invasion upon him . that iulian the emperor was a witty prince , but not a tyrant , as the rest , though an apostata . 26. at royston . anno. dun. 1624. whether boldnesse or bashfullnesse did soonest prevaile in court ? his maiesties opinion was in that bashfullnesse did ; alluding to the lord duke of buckingham , who at his first comming to court exceeded in bashfullnesse , and when his maiestie first cast his eie upon him , the lord of arundell being asked by his maiestie what he thought of him , he answered , that his blushing bashfullnesse was such , as he thought he would do but little good in court favors . 27. that if there were no other quarrell betweene the papists and protestants , but the number of sacraments , he would himselfe be a papist ; for he held it not worth the quarrelling ; as appeared by a tale of two friends in scotland , being great in frendship , and in the cup falling out about that subiect , the one a great papist , and the other a protestant , so they fought and were both slaine ; a third said , before he would have lost his life in that quarrell , he would have devided the seven into three and a halfe , &c. that many things in religion were rather carried by mans opinion , then perfect intention to the truth , &c. that himselfe would not condemne any thing for heresie , that had been antiently confirmed by an universall consent . that of extreame unction , as of other things used by that church of rome , he was of an indifferent opinion , so it might be continued according to the first intention , and so of many other things with them , &c. 28. at theobalds , ann. dom. 1624. that of his wife the queene anne deceased ( he spake to his owne comfort ) that she would often say unto him , looke you keepe your selfe in the right way ; for i am resolved to follow you whithersoever , even to the brinke of hell ; for i am within your charge ; saying withall , that all good wives should never forsake their husbands in any thing , being required by them , not directly against god ; not for any disease or sicknesse whatsoever . that he knew many foster parents and adopted children , much more affectionate then natuturall ; and nurses more loving then mothers , &c. that some children he knew that must have correction every day , and some reformed with a word . that he would never beleeve any newes in verse , since the hearing of a ballad made of the bishop of spatata , touching his being a martyr , &c. that he would never use other argument to convince the papists of their opinion of miracles , but by their owne doctrine , whereunto most of their miracles are altogether repugnant ; as for example ; 〈◊〉 they have , that the picture of our lady should stir , &c. their doctrin is , that their images are but representative , &c. now what disproportion appeareth between their opinion and doctrine ? &c. apothegmata fideliter collecta ex ●re regis jacobi per me ben. agar . servatorem ejus i● 〈◊〉 sua , 〈…〉 suae ●2 . finis . sir walter raleigh's observations, touching trade & commerce with the hollander, and other nations, as it was presented to k. james wherein is proved, that our sea and land commodities serve to inrich and strengthen other countries against our owne ... observations, touching trade & commerce with the hollander, and other nations raleigh, walter, sir, 1552?-1618. this text is an enriched version of the tcp digital transcription a47319 of text r9825 in the english short title catalog (wing k391). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 65 kb of xml-encoded text transcribed from 46 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a47319 wing k391 estc r9825 12147673 ocm 12147673 55005 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47319) transcribed from: (early english books online ; image set 55005) images scanned from microfilm: (early english books, 1641-1700 ; 109:3) sir walter raleigh's observations, touching trade & commerce with the hollander, and other nations, as it was presented to k. james wherein is proved, that our sea and land commodities serve to inrich and strengthen other countries against our owne ... observations, touching trade & commerce with the hollander, and other nations raleigh, walter, sir, 1552?-1618. vaughan, robert. james i, king of england, 1566-1625. [8], 80 p. : port. printed by t.h. and are to be sold by william sheeres ..., london : 1653. portrait engraved by ro. vaughan. reproduction of original in yale university library. "the seat of government": p. 65-71; "observations concerning the causes of the magnificency and opulency of cities": p. 73-76; "safety for defence of the people and their goods": p. 77-80. eng great britain -commerce. great britain -commercial policy. a47319 r9825 (wing k391). civilwar no sir walter raleigh's observations, touching trade & commerce with the hollander, and other nations, as it was presented to k. james. wherein raleigh, walter, sir 1653 11702 245 0 0 0 0 0 209 f the rate of 209 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-09 apex covantage keyed and coded from proquest page images 2002-06 kirk davis sampled and proofread 2002-08 apex covantage rekeyed and resubmitted 2002-09 chris scherer sampled and proofread 2002-10 apex covantage rekeyed and resubmitted 2002-11 chris scherer sampled and proofread 2002-11 chris scherer text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion tam marti , quam mercurio . the ho.ble and learned knight sr. walter raleigh . ro vaughan 〈◊〉 sir walter raleigh's observations , touching trade & commerce with the hollander , and other nations , as it was presented to k. james . wherein is proved , that our sea and land commodities serve to inrich and strengthen other countries against our owne . with other passages of high concernment . london , printed by t. h. and are to be sold by william sheeres , at the sign of the 3 〈◊〉 , over against the north door of s. 〈◊〉 , 1653. the printer to the reader . reader : thou hast here presented to thy view , a most rare and excellent piece , both for judgement and experience , by a most incomparable hand , shewing the cōmodities of all christian nations , their traffique with one another , together with their severall merchandizes , as also the value of their severall coins . it was in the beginning of k. james his time presented un●…o him , and being at that time laid aside , in regard of more urgent affairs , it was ( after divers years ) again presented ; but though then wanting a good prosecutor , the authour being taken away by death , it was carefully preserved by the hands of a very learned gentleman , my singular good friend , untill this time : who esteeming very highly of so rich a jewell as this , was very hardly perswaded to suffer the same to be exposed to publique view . but by my extraordinary solicitation , and for that i was very sorry the world should be deprived of so excellent a piece , and for the benefit of this nation , in regard of the 〈◊〉 commodities for trade and traffique , which other countries want , and do receive from us , as also what benefit our own merchants might make , to their more far advantage , and to the setting many thousands of our poor people on work , he was the more willingly induced to hearken to divulging of the same . wherin what benefit thou shalt find from hence ( which i know to bee exceeding great ) thou must assuredly acknowledge the same to proceed from him who hath so freely imparted it to thee for thy great benefit and satisfaction . let me intreat thee therefore ( good reader ) to peruse it over , and i doubt not but thou shalt find extraordinary profit and contentment . and in the perusall whereof , consider likewise with thy selfe , what an innumerable benefit might have been raised since these few observations were presented , had they been carefully put in execution , for the great good , and infinitely enriching of this nation , the mighty encrease of shipping and m●…rriners ; the neglect of which , or the like good observations , hath been the occasion of the height of other petty states , and the impoverishing of our owne , as sad experience tels us . as also what infinite vast sums of treasure hath been gained by s●…rangers fishing upon our coasts , which fish hath been carried all the world over , as also divers other of our land-commodities , to the great inriching of them that have none of their owne , and a great scan●…ll to our nation , so that scarce the name of our owne commodites is attributed unto us . i heartily wish , that those who governe our sterne would but take notice hereof , and accordingly apply such wholsome remedies as their wisdomes should think meet , for prevention of so far grown a mischiefe , and for the future to hearken to these or the like directions , which would make our nation infinitely flourish , and abate the insolencies of such as have beene sheltred and grown rich and potent by the only means of this nation . thus ( gentle reader ) desiring , and heartily wishing the good and welfare of my countrey , i have sent this s●… all piece ( though great in worth ) into the world , for thy benefit , wishing thee to accept it with as good a heart as it is presented , by him who is thine to serve thee . t. h. m●…y it please your most excellent majesty . according to my ●…ie , i am imboldned 〈◊〉 〈◊〉 yourmajesty in minde , that about fourteen or fifteen yeares ●…ast , i presented you a book of such extraordinary importance , for honour and profit of your majestie and posteritie , and doubting that it hath been laid asid●… and not considered of , i am incouraged ( under your majesties pardon ) to present unto you one more , consisting of five propositions , neither are they grounded upon vaine or idle grounds , but upon the fruition of those wonderfull blessings , wherewith god hath indued your majesties sea and land ; by which means , you may not only inrich and fill your coffers , but also increase such might and strength ( as shall appeare , if it may stand with your majesties good liking to put the same in execution in the true and right forme : ) so that there is no doubt but it will make you in short time a prince of such power so great , as shall make all the princes your neighbours , as well glad of your friendship , as fearfull to offend you . that this is so , i humbly desire that your majestie will vouchsafe to peruse this advertisement with that care and judgement which god hath given you . most humbly praying your majesty , that whereas i presented these five propositions together , as in their own natures , 〈◊〉 depending one of another , and so linked together , as the distraction of any one wil be an apparant maim and disabling to the rest . that your majesty would be pleased that they may not be separated , but all handled together jointly and severally by commissioners , with as much speed and secrecy as can be , and made fit to be reported to your majesty , whereby i may be the better able to performe to your highnesse that which i have promised and will performe upon my life , if i be not prevented by some that may seek to hinder the honour and profit of your majestie for their own private ends . the true ground , course , and forme herein mentioned shall app●…are how other countries make themselves powersull and rich in all kindes , by merchandize , manufactory , and sulnesse of trade , having no commodities in their own countrey growing to do it withall . and herein likewise shall appear how easie it is to draw the wealth and strength of other countries to your kingdome , and what royall , rich , and plentifull means god hath given this land to do it ( which cannot be denied ) for support of trafficque and continuall imployment of your people for replenishing of your majesties coffers . and if i were not fully assured to improve your native commodities , with other traffick , three millions of pounds more yearly then now they are , and to bring not only to your majesties coffers within the space of two or three years near two millions of pounds ; but to increase your revenues many thousands yearly , and to please and greatly profit your people , i would not have undertaken so great a work : all which wil grow by advancement of all kind of merchandizing to the uttermost , thereby to bring manufactory into the kingdome , and to set on worke all sorts of people in the realm , as other nations do , which raise their greatnesse by the abundance of your native commodities : whilst we are parling and disputing whether it be good for us or not . may it please your most excellent majesty . i have diligently in my travels observed how the countreys herein mentioned doe grow potent with abundāce of all things to serve themselves and other nations , where nothing groweth , and that their never dried fountains of wealth , by which they raise their estate to such an admirable height , as that they are at this day even a wonder to the world , proceedth from your 〈◊〉 seas and lands . i thus moved , began to dive into the depth of their policies and circumventing 〈◊〉 , wh●…reby they drain and still covet to exhaust the wealth and coin of this kingdome , and so with our owne commodities to weaken us , and finally beat us quite out of trading in other countreys ; i found that they more fully obtained these their purposes by their convenient priviledges , and settled constitutions , then england with all the lawes , and superabundance of hombred commodities which god hath vouchsafed your sea and land : and these , and other mentioned in this booke , are the urgent causes that provoked me in my love and bounden duty to 〈◊〉 〈◊〉 and my countrey , to addr●…sse my former books to your princely hands and consiideration . by which priviledges they draw multitudes of merchants to trade with them , and many other nations to inhabite amongst them , which makes them p●…pulous , and there they make store-houses of all forraign commodities , where with upon every occasion of scarcity and dearth , they are able to furnish forrain countries with plentie of those 〈◊〉 , which before in time of plenty they ingrossed , & brought home from the same places , wch doth greatly augment power & treasure to their state , besides the common good in setting their poore and people on worke . to which priviledges they adde smailnesse of custome , and lib●…rty of trade , which maketh them florish , and their countrey so plentifull of all kinde of coyne and commodities , where little or nothing groweth , and their merchants so florish , that when a losse cometh they scarce feel it . to bring this to pass , they have many advantages of us , the one is , by their fashioned ships called boye●…s , hoybarks , hoyes , and others , that are made to hold great bulke of merchandize , and to saile with a few men for profit : for example , though a english ship of two hundred tuns , and a holland ship , or any other of the petty states of the same burthen be at danske , or any other place beyond the seas , or in england , they do serve the merchant better cheap by one hundred pounds in his fraight , than we can , by reason hee hath but nine or ten marriners , and we neare thirty ; thus he saveth twenty mens meat and wages in a voyage , and so in all other their ships , according to their burden , by which means they are fraighted wheresoever they come , to great profit , whilst our ships ly still & decay , or go to newcastle for coales . of this their smallnesse of custome inwards and outwards , we have daily experience ; for if two 〈◊〉 ships , or two of any other nation bee at burdeaux , both laden with wine of three hundred tuns a p●…ce , the one bound for holland , or any other petty states , the other for 〈◊〉 , the merchant shall p●…y about nine hundred pound custome here , and other duties , when the other in holland , or any other petty states , shall be cleared for lesse then fifty pound , and so in all other wares and 〈◊〉 accordingly , which draw●…s all nations to traffick with them ; and although it seems but small duties which they receiv●… , yet the multitudes of all kind of commodities and coyne that is brought in by 〈◊〉 and others , and carried out by themselves and others , is so great , that they receive more custome and du●…ies to the state , by the greatnesse of their commerce in one yeare , then england doth in two years ; for the one hundredth part of commoditi●…s are not spent in holland , but vented into other countries , which maketh all the countrey merchants , to buy and s●…ll , and increase ships and 〈◊〉 to transport them . my travells and meaning is not to diminish ( neither hath been ) your majesties revenues , but exceedingly to increase them , as shall appeare , and yet please the people , as in other parts they do . notwithstanding , their excises brings them in great revenues , yet whosoever will adventure to 〈◊〉 but for six tuns of wine , shall be free of excise in his owne house all the yeere long ; and this is done of pu●…pose to annimate and increase m●…rchants in their countrey . and if it happen that a trade bestopped by any forraign nation , which they heretofore 〈◊〉 had , or 〈◊〉 of any good trading which they never had , they will hinder others , and s●…ek either by favour , money , or force , to 〈◊〉 the gap of traffick for advancement of trade amongst themselves , and imployment of their people . and when there is a new course or trade erected , they give free custome inwards and outwards , for the better maintenance of navigation , and incouragement of the people to that businesse . thus they and others gleane the wealth and strength from us to themselves , and these reasons following procures them this advantage of us . 1. the merchant staplers which make all things in abundance . by reason of their store-houses continually replenished with all kinde of commodities . 2. the liberty of free traffick for strangers to buy and sell in holland , and other countreys and states , as if they were free-borne , maketh great int●…rcourse . 3. the small duties levied upon merchants , drawes all nations to trade with them . 4. their fashioned ships continually fraighted before ours by reason of their few marriners , and great bulke , serving the merchant cheap . 5. their forwardnesse to further all manner of trading . 6. their wonderfull imployment of their busses for fishing , and the great returns they make . 7. their giving free custome inwards and outwards , for any new erect●…d trade , by means whereof they have gotten already almost the sole trade into their hands . all nations may buy and sell freely in france , and there is free custome outwards twice or thrice in a yeare , at which time our merchants themselves doe make their great sales of english commodities , and doe buy and lade their great bulke of french commodities to serve for the whole yeare ; and in rochell , in france , and in britain , free custome all the yeare long , except some small toll , which makes great traffick , and maketh them flor●…sh , in denmarke to inc●…urage and inrich the merchants , and to increase ships and marriners , free custome all the yeare long for their owne merchants , except one m●…neth between bartholomew tide and micha●…lmass . the haunce townes have advantage of us , as holland , and other petty states have , and in most things imitate them , which makes them exceeding rich and plentifull of all kind of commodities and coyne , and so strong in ships and marriners , that some of their towns have neare one thousand sail of ships the marchandiz●…s of france , portugall , spaine , italy , turkey , east and west indies , are transported most by the hollanders and other petty states into the east and north-east k●…ngdomes of pomerland , spruceland , poland , denmark , sweathland , leisland , and germany , and the merchandizes brought from the last mentioned kingdomes , being wonderfull m●…ny , are likewise by the holland●…rs and other petty states most transported into the southern and westerne dominions , and yet the situation of e●…gland lyeth far better for a store-house to serve the southern east and north-east regions , than theirs doth , and hath far better meanes to doe it , if we will bend our course for it . no sooner a dearth of f●…sh , wine , or corn here , and other merchandize , 〈◊〉 forth with the embdoners , hamburgers , a●…d hollanders , out of their store-houses lade fifty , or one hundred ships , or more , dispersing themselves round about this kingdome , and carry away great store of coyne and wealth for little commodity in those times of dearth , by which meanes they suck our common-wealth of their riches , cut down our merchants , and decay our navigation , not with their naturall commodities which groweth in their own countries , but the merchandizes of other countreys and kingdomes . therefore it is farre more easier to serve themselves , hold up our merchants , and increase our ships and 〈◊〉 , and strengthen the kingdome , and not onely keep our money in our owne r●…alme , which other nations still rob us of , but bring in theirs who carrie ours away , and make the banke of coyne and store-house to serve other nations as well and far better cheap than they . amsterdam is never without seven hundred thousand quarters of corn , besid●…s the plenty they daily vent , and none of this groweth in their owne countrey : a dearth in england , france , spaine , italy , portugall , and other places , is truly observed to inrich holland seven yeeres after , and likewise the petty states . for example , the last dearth six years p●…st , the hamburgers , embdeners , and hollanders out of their store-houses furnished this kingdom , and from southampton , exeter , and bristow , in a yeare and a halfe they carri●…d away near two hundred thousand p●…unds from these parts onely ; then what great quantitie of coyns was transported round about your kingdome from every port towne , and from your city of london , and other cities cannot be esteemed so little as two millions , to the great decay of your kingdom , and impoverishing your people , discredit to the company of merchants , and dishonour to the land , that any nation that have no corne in their owne countrey growing , should serve this famous kingdome , which god hath so inabled within it selfe . they have a continuall trade into this kingdome with five or six hundred ships yeerly , with merchandizes of other countreys and kingdomes , and store them up in store-hous●…s here untill the prices rise to their mindes , and we trade not with fif●… ships into their countrey in a yeare , and 〈◊〉 said number are about thi●… r●… every 〈◊〉 winde for the most ●…rt to lade coales and other 〈◊〉 . unlesse there be a scarcity 〈◊〉 dearth , or high prices , all merchants doe forbeare that place wh●…re great impositions are laid upon the merchandize , and those places slenderly shipp●…d , ill serv●…d and at deer ra es , and oftentimes in scarci●…y , and want imployment for the people ; and those petty states finding truly by experience that small duti●… imposed upon m●…rchandize draw●…th all trafficke unto them , and free liberty for strangers to buy and sell doth make continua'l mart ; therefore what excizes or impositions are laid upon the common-people , yet they still ease , uphold and maintaine the merchants by all possible meanes , of purpose to draw the wealth and strength of christendom to themselves ; whereby it appeareth though the duties be but small , yet the customes for going out and comming in doth so abound , that they increase their revenues greatly , and make profit , plenty , and imployment of all sorts by sea and land to serve 〈◊〉 and other nations , as is admirable to behold : and likewise the great commerce which groweth by the s●…me meanes , inableth the common people to bear their burthen laid upon them , and yet they grow rich by reason of the great commerce and trade , occasioned by their convenient priviledges , and commodious consti●…utions . there was an intercourse of traffick , in genoa , and there was the flower of commerce , as appeareth by their antient records , and their sumptuous buildings , for all nations traded with merchandize to them , and there was the store-house of all italy and other places ; but after they had set a great custome of xvi . per cent . all nations left trading with them , which made them give themselves wholly to usury , and at this day wee have not three ships go●… there in a yeare : but to the contrary , the duke of florence builded ligorn , and set small custome upon merchandize , and gave them great and pleasing priviledges , which hath made a rich and strong city with a florishing state . furthermore touching some particulars needfull to be considered , of the mighty huge fishing that ever cou'd be heard of in the world , is upon the coasts of england , scotland , and ireland ; but the great fishery is in the low-countries , and other petty states , wherewith they serve themselves and all christendome , as shall appear . in four towns in the east kingdoms within the sound , quinsbrough , elbing , statten , and dausick , there is carried and vented in a yeere , between thirty or forty thousand last of herrings sold but at fifteen or sixteen pounds the last , is about 620000. l. and we none . besides , denmark , norway , sweathen , leifland , rie , nevill , the narve , and other port townes within the sound , there is carried and vented above 10000. lasts of herrings sold at fifteen or sixteen pounds the last , is 170000. pounds ; more yeerly in such request are our herrings there , that they are oftentimes sold for 20. 24. 30. and 36. pound the last , and we send not one barrell into all those east countreys . the hollanders sent into russia neare fifteen hundred lasts of herrings , sold about thirty shillings the barrell , amounteth to 27000. pound , and we but about twenty or thirty lasts . to stoade , hambrough , breame , and embden upon the river of elve , weaser , and embs , is carried and vented of fish and herrings about 6000. lasts , sold about fifteen or sixteen pound the last , is 100000 l. and wee none . cleaveland , gulickland , up the river of rhine to cullen , frankford , or the maine , and so over all germany is carried and vented of fish and herrings neare 22000. lasts , sold at twenty pound the last , is 440000. l. and we none . up the river of m z●… , leigh , mastrith , vendlow , sutphin , deventer , campen , swoole , and all over lukeland is carried and-vented 7000. lasts of herrings , sold at twenty pound the last is 140000 pound , and wee none . to gelderland , artois , henault , brabant , flanders , up the river of antwe●…p , all over the arch dukes countreys , is carried and vented between eight or nine thousand lasts sold at eighteen pound the last is 171000 l. and we none . the hollanders and others carried of all sorts of herrings to roane only in one yeere , 〈◊〉 all other parts of france , 50000. lasts of herrings sold at twenty pound the last , is 100000 l. and wee not one hundred last thither : they are sold often times there for twenty , and four and twenty , and thirty pou●…d the last . between christmass and lent , the duties for fish and herrings came to 15000 crownes at roane only that y●…re , the la●… q●…n 〈◊〉 ; sir thomas parrie was agent there then , and s. savors his man knowes it to be true , who handled the businesse for pulling down the impositions then , what great summes of money came to all in the port townes to inrich the french kings coffers , and to all the kings and states throughout christendome to inrich their coffers ; besides the great quantity vented to the straights , and the multitude spent in the low-countries , where there is likewise sold for many a hundred thousand pou●…d more yeerly , is necessary to be remembred ; and the stream to be turned to the good of this kingdom , to whose sea coasts god onely hath sent and given these great blessings and multitude of riches for us to t●…ke , howsoev●…r it bath been neglected to the hurt of this kingdome , that any nation should carry away out of this kingdome yearely great 〈◊〉 of money for fis●… taken in our seas , and sold againe by them to us , which must needs be a great dishonor to our nation , and hindrance to this realm . from any port towne of any kingdome within christendome , the bridgemaster or the wharemaster for twenty sh●…llings a yeare will deliver a tr●…e note of the number of l●…sts of herrings brought to their wharfes , and their pric●…s commonly they are sold at , but the number brought to d●…nske , cullen , rotterdam , and ●…sen is so great , as it will cost three , four , or five pound for a true note . the abundance of corne groweth in the east kingdomes , but the great store-houses for graine to serve christendome and the heathen countries in time of dearth , is in the low-countreyes , wherewith upon every occasion of scarcity and dearth th●…y doe inrich themselves seven yeares after , imploy their people and get great fraights for their ships in other countries , and we not one in that course . the mighty vineyards and store of salt is in france and spaine ; but the great vintage and staple of salt is in the low-countreyes , and they send neare one thousand saile of ships with salt and wine onely into the east kingdomes yearly , besides other places , and we not one in that course . the exceeding groves of wood are in the east kingdomes , but the huge piles of wainscot , clapboard , firdeale , masts , and timber is in the low-countreyes , where none groweth , wherewith they serve themselves , and other parts , and this kingdome with those commodities ; they have five or six hundred great long ships continually using that trade , and we none in that course . the wool , cloath , lead , tin , and divers other commodities are in england , but by meanes of our wool and cloath going out ruff , undrest , and undied , there is an exceeding manufactory and 〈◊〉 in the low-countreys , wherewith they serve themselves , and other n●…tions , and advanceth greatly the imployment of their people at home , and 〈◊〉 abroad , and puts downe ours in forrain parts , where our m●…rchants trade unto , with our own commodities . we send into the e●…st kingdomes yeerly but one hundred sh●…ps , and our trade chie●…ly dependeth upon three towns , e●…binge , kingsborough , and danske , for making our sails , and buying their commodities sent into this realme at dear rates , which this kingdome bears the burthen of . the low-countreyes send into the east kingdomes yeerly about three thousand ships , trading into every city and port town , taking the advantage , and venting their commodities to exceeding profit , and buying and lading their ships with plenty of those commodities , which they have from every of those townes 20. per cent . better cheap then we by reason of the 〈◊〉 of the coyne , and their fish yeelds ready money , which greatly advanceth their traffick , and dec●…yeth ours . they send into france , spaine , portugall , italy , from the east kingdomes that passeth through the sound , and through your narrow seas , yearly of the east countrey commodities about two thousand ships , and wee none in that course . they trade into all cities , and port towns in france , and we chiefly to five or six . they traffick into every city and port town round about this land , with five or six hundred ships yearly , and we chiefly but to three townes in their countrey , and but with forty ships . notwithstanding the low-countryes have as many ships and vessells as 〈◊〉 〈◊〉 of christen●…om h●…ve , let e●…gland be o●… , and build 〈◊〉 yeere neer one thousand ship●… , and not a timber tree growing in their owne countrey , and that also all their home-bred commodities that grow in their land in a yeere , ( 〈◊〉 then one hundred good ships are able to carry them away at one time , ) yet they handle the matter so for setting them all on worke , that th●…ir traffick with the haunce towns exc●…ds in shipping all christendom . we have all things of our owne in superabundance to increase traffick , and timber to build ships , and commodities of our owne to lade about one thousand ships and 〈◊〉 at one time , ( besides the great fishing ) and as fast as they have made their voyages might re-lade againe , and so yeare after yeare all the year long to continu●… , yet our ships and marriners d●…cline , and traffick and merchants daily decay . the main●… bulke and mass of 〈◊〉 from whence they raise so many mi●…lions yearly that inrich other kingdomes , kings and states coffers , and lik●…ise th●…ir owne people , proceedeth from your s●…s and lands , and the return of the commodities and coyne they bring home in exchange of fish and other commodities are so huge , as would require a large 〈◊〉 apart ; all the amends they make us is , they beat us out of trade in all parts with our own commodities . for instance , we had a great t●…e in russia 〈◊〉 〈◊〉 . and about 〈◊〉 〈◊〉 p●…st we s●…nt st●… of 〈◊〉 sh●…ps to trade in those p●…s , and 〈◊〉 〈◊〉 p●…st we s●…t o●…●…t f●… and this last yeare two or three ; 〈◊〉 to the contrary the 〈◊〉 about twenty years 〈◊〉 traded 〈◊〉 with two ships on●…ly , yet now they are increas●…d to about thirty or forty , and one of their ships is as great as two of ours , and at the same time ( in their troubles there ) that we decreased , they increased , and the chiefest commodities they carry with them thither , is , english cloath , herrings taken in our seas , english lead and pewter made of our tin , besides other commodities ; all which wee may doe better then they . and although it be a cheap countrey , and the trade very gainfull , yet we have almost brought it to nought , by 〈◊〉 trading , joynt-stock , and the merchants banding themselves one ag●…nst ●…r . a●…●…o 〈◊〉 s●… w●… us●…d to have 8. or 9. 〈◊〉 s●…s 〈◊〉 〈◊〉 〈◊〉 a f●…sh n●… to wa●… us●… , and this yeare but one , and so per rato●…y 〈◊〉 in all kinde of ●…shing and marchandizing in all 〈◊〉 by r●…ason they spare no cost , 〈◊〉 ny no priviledges that may 〈◊〉 〈◊〉 of trad●… & 〈◊〉 . now if it please , and with your majesties good liking stand , to take notice of these things , which i have conceived to bee fit for your majesties consideration , which in all humblenesse ( as duty bindeth me ) i doe tender unto your majestie , for the unfained zeale i bear to the advancement of your honour and profit , and the generall good of your subjects , it being apparent that no three kingdomes in christendome can compare with your majesty for support of traffick , and continually imployment of your people within themselves , having so many great meanes both by sea and land to inrich your coffers , multiply your navie , inlarge your traffick , make your kingdomes powerfull , and your people rich ; yet through idlenesse they are poore , wanting imployment , many of your land and coast townes much ruinated , and your kingdome in need of coyn , your shipping , traffick , and marriners decayed , whilest your majesties neighbour princes , without these meanes , abound in wealth , inlarge their townes , increase their shipping , traffick , and marriners , and finde out such imployment for their people , that they are all advantagious to their common-wealth , onely by ordaining commodious constitutions in merchandizing , and fulnesse of trade in manufactory . god 〈◊〉 blest your m●…jesty with incomparable benefits : as with copper , lead , iron , tin , alum copperas , 〈◊〉 , f●…lls , and divers other native commodities , to the numb●…r of about one hundred , ●…d other 〈◊〉 vendible to the 〈◊〉 of about one thousand , ( as shall 〈◊〉 ) besides corne , whereof gr●…at quantity of b●… is made , and most 〈◊〉 by strangers , as also wool , whereof 〈◊〉 is 〈◊〉 forth 〈◊〉 into 〈◊〉 loath or 〈◊〉 , and cloath 〈◊〉 undr●…st and undied , which doth imploy a●…d 〈◊〉 n●…r fif●…y 〈◊〉 〈◊〉 in 〈◊〉 parts your 〈◊〉 〈◊〉 wanting th●… 〈◊〉 in england , many of them 〈◊〉 inforced to live in great want , and s●…k it beyond the seas . col●…s which doth imploy hundreds of 〈◊〉 ships yearly to 〈◊〉 them out of this king●…me , whilest we doe not imploy 〈◊〉 ships in that 〈◊〉 . i on 〈◊〉 , which is a jewell of great 〈◊〉 , far mo●…e than it is accounted , by reason that no other countrey could ever attaine unto it , although they have 〈◊〉 it with great charge . your majesty hath timber of your owne for 〈◊〉 of sh●…ps , and 〈◊〉 plenty to lad●… th●…m , which 〈◊〉 other 〈◊〉 want , yet your 〈◊〉 〈◊〉 〈◊〉 in shipping , 〈◊〉 , and marriners . these inconveniences happen by three causes especially . 1. the unprofitable course of merchandizing . 2. the want of course of full manufactory of our home-bred commodities . 3. the undervaluing of our coynes , contrary to the rules of other nations . for instance . the merchant adventurers by overtading upon credit , or with money taken up upon exchange , whereby they lose usually ten or twelve , and sometimes fifteen or sixteen per cent . are inforced to make sale of their cloaths at under-rates , to keep their credit , whereby cloaths being the jewell of the land , is undervalued , and the marchant in short time eaten out . the merchants of ipswich whose trade for e●…ing is c●…fly 〈◊〉 fine cloaths , and som●… few 〈◊〉 c●…ths all died and drest within 〈◊〉 〈◊〉 , do for the most part , buy their fine cloaths upon time , and by r●…on they go so much upon cred●… , th●…y are inforced ( not being able to stand upon their markets ) to sell , givi●…g fifteene or eighteene moneths day of payment for their cloaths . ●…d having sold them , they then pr●…sently sell their bills so taken for c●… , allowing after the rate of 〈◊〉 or fifteen , and somtimes twenty per cent . which money they imploy forth with in wares at 〈◊〉 prices , and lose as much more that way by that time their wares be sold at hom●… : thus by over-running themselves up●… credit , they disable 〈◊〉 and others , inhancing the prices of forraign 〈◊〉 , and pu●…ling down the rates of our owne . the west c●…untry m 〈◊〉 that trade with cloaths into 〈◊〉 ●…r sp●…n , do usual y imploy th 〈◊〉 〈◊〉 , ( you●…g men of sm●…ll 〈◊〉 who 〈◊〉 cu●…ing combining of the 〈◊〉 and sp●…nish m 〈◊〉 , are 〈◊〉 , that when all customs and charges be accompted , their masters shall hardly 〈◊〉 t●… 〈◊〉 moneys . as for 〈◊〉 out of france , th●…r silver and gold is so 〈◊〉 rate●… , that ou●… m 〈◊〉 c●…t 〈◊〉 it home . 〈◊〉 to great loss●… ; therefore the ●…nch merchants set higher rates upon their commodities , which we must either buy deare , or let our mo●…s lie dead there a long tim●… , u●…ill we may 〈◊〉 imploy the same . the 〈◊〉 merchants of york , hull and newcastle , trade onely in white k●…s and 〈◊〉 , dozz●…ns , and 〈◊〉 m 〈◊〉 be his adventure 〈◊〉 so sm●…l , doth for the most part , send over an 〈◊〉 y●…h unfit for 〈◊〉 z●…g , which br●…ngeth to th●… 〈◊〉 great 〈◊〉 ; but to his 〈◊〉 and common 〈◊〉 great 〈◊〉 ; for they 〈◊〉 their goods be 〈◊〉 , go to 〈◊〉 str●…r , and ●…uy such 〈◊〉 of iron ●…ax , co●… , 〈◊〉 other 〈◊〉 , as they 〈◊〉 bound to 〈◊〉 th●…i ships 〈◊〉 , which ships 〈◊〉 〈◊〉 〈◊〉 to relade within th●… w●…s , or a moneth , and do give 〈◊〉 〈◊〉 the merchant 〈◊〉 asketh , because he gives them credit , and lets them ship away their iron , flax , and other commodities , before they have sold their kersies , and other commodities , by which meanes extraordinary deere commodities are returned into this realme , and the servant also inforced to s●…ll his cloaths underfoot , and often times to losse , to keep his c●…dit , and to make payment for the goods before shipped home , having so●… twenty day●…s , or a moneths respite to sell the cloaths , and to give the merchant satisfaction for his i●…on , flax , and other wares ; by which extremities our homebred commodities are abased . touching manufactory . there hath been about fourscore thousand undrest and undied cloaths yearly transported . it is therefore evident , that the kingdome hath been yeerly deprived of about 400000 l. within this five and fifty years , which is near twenty millions that would have been gained by the labour of poor workmen in that time , with the merchants gains for bringing in dying stuffs , and return of cloaths drest and died , with other benefits to the realme , besides exceeding inlarging of trafficke , and increase of ships and marriners . there would have been gained in that time about three millions by increase of custome upon commodities returned for cloaths drest and died , and for dying stuffs , which would have more plentifully been brought in and used for the same . there hath been also transported in that time yearly by bayse , northerne and devonshire kersies white , about 50000 cloaths , counting three 〈◊〉 to a cloath , whereby h●…h b●…n lost about five millio●…s by those s●…s of 〈◊〉 in 〈◊〉 time , which w●…uld have com●… to 〈◊〉 workmen for 〈◊〉 ●…ur , with the customes for dying stuff and the peoples profit f●…r bringing them in , with 〈◊〉 of other 〈◊〉 and fraights for shiping . b●…yse are transported white into amsterdam , and being there drest and died , are shipped into spain , portugal , and other kingdomes , where they are sold in the name of flemish baize , setting their owne town seale upon them , so that we lose the very name of our home-bred commodities , and other countreys get the r●…putation and profit there of : lamentable it is , that 〈◊〉 〈◊〉 ●…ld be deprived of so 〈◊〉 millions , and 〈◊〉 〈◊〉 of c●…th 〈◊〉 of god 〈◊〉 〈◊〉 naturall 〈◊〉 , 〈◊〉 so 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , should be driven ●…o 〈◊〉 s●…ll advantage of 〈◊〉 and profit to your 〈◊〉 and people and so much impr●…v d and 〈◊〉 by strangers , considering that god hath in●…d , and 〈◊〉 your m●…sty power to advance 〈◊〉 and dying , and transporting of 〈◊〉 your cloaths , within a yeare or two ; i speake it knowingly , to shew how it may be done 〈◊〉 , lawfully and approved to be honourable , s●…asable , and profitable . all the companies of your land transport their cloaths drest and died , to the good of your kingdome , except the merchant adventurers , whereby the eastland and turkey merchants , with other companies , do increase your majesties customes by bringing in , and spending dying stuffs , and setting your people on worke , by dressing before they transport them ; and they might increase far more custome to your majesty , and make much more profit to themselves , and this realme , and set many thousands of poore people more on worke for dressing and dying , and likewise imploy more ships and marriners , for bringing in dying stuffs , were it not for the merchant adventurers , who transport their cloaths white , rough , undrest , and undied , into the low-countreys , where they sell them to the strangers , who afterwards dresse , die , and stretch them to such unreasonable lengths , contrary to our law , that they prevent and fore stall our markets , and crosse the just prohibitions of our state and realme , by their agents and factors lying in divers places with 〈◊〉 cloaths , to the great decay of this kingdome in generall , and discredit of our cloaths in particular . if the accompt were truly known , it would be found that they make not cleare profit , onely by cloath transported rough , undrest , and undied , sixty thousand pounds a yeare : but it is most apparant your majesty in your customes , your merchants in their sales and prices , your subjects in their labours , for lack of not dressing and dying , your ships and marriners in not bringing in of dying stusfs , and spending of allum , is hindred yearly neer a million of pounds , so that trade is driven to the great hindrance of your majesty and people , by permiting your native commodities to passe rough , undrest , and undied , by the merchant adventurer . touching fishing . the great sea businesse of fishing doth imploy neare twenty thousand ships , and vessells , and four hundred thousand people are imployed yearly upon your coast of england , scotland , and ireland , with sixty ships of war , which may prove dangerous . the hollanders onely have about three thousand ships to fish withall , and fifty thousand people are imployed yearly by them upon your majesties coasts of england , scotland , and ireland . these three thousand fishing ships and vessels of the hollanders , doth imploy near nine thousand other ships and vessels , and one hundred and fifty thousand persons more by sea and land to make provision to dress and transport the fish they take , and returne commodities , whereby they are inabled , and do build yeerly one thousand ships and vessells , having not one timber tree growing in their owne countrey , nor home-bred commodities to lade one hundred ships , and yet they have twenty thousand ships and vessells , and all imployed . king henry the seventh , desirous to make his kingdomes powerfull and rich by increase of ships and mar●…ners , and imployment of his people , sent unto his sea-coast townes , moving them to set up the great and rich fishing , with promise to give them needfull priviledges , and to furnish them with loanes of money , if need were , to incourage them , yet his people were slack . now since i have traced this businesse , and made mine indeavours knowne unto your majesty , your noblemen , able merchants , and others , ( who having set down under their hands for more assurance ) promised to disburse large sums of money for the building up of this great and rich large sea-city , which will increase more strength to your land , give more comfort , and doe more good to all your cities and townes , than all the companies of your kingdome , having fit and needfull priviledges for the upholding and strengthning of so weighty and needfull a businesse . for example , twenty busses built and put into a sea-coast towne where there is not one ship before there must be to carry , re-carry , transport , and make provision for one busse three ships ; likewise every ship setting on worke thirty severall trades and occupations , and foure hundred thousand persons by sea and land , insomuch as three hundred persons are not able to make one fleet of nets in foure moneths for one busse , which is no small imployment . thus by twenty busses are set on work near eight thousand persons by sea and land , and an increase of above one thousand marriners , and a fleet of eighty saile of ships to b●…long to one towne , where none were before to take the wealth out of the sea to inrich and strengthen the land , only by raising of twenty busses . ●…en what good one thousand , or two thousand will doe , i leave to your majesties consideration . it is worthy to be noted , how necessary fishermen are to the common-wealth , and how needfull to be advanced and cherished , viz. 1. for taking gods blessing out of the sea to inrich the realm , which otherwise we lose . 2. for setting the people on worke . 3. for making plenty and cheapnesse in the realm . 4. for increasing of shipping , to make the land powerfull . 5. for a continuall nurcery for breeding and increasing our m●…riners . 6. for making imployment of all sorts of people , as blinde , lame , and others by sea and land from ten or twelve years upwards . 7. for inriching your majesties coff●…rs , for merchandizes returned from other countreyes for fish and 〈◊〉 . 8. for the increase and inabling of merchants , which now dr●…p and daily decay . touching the coyne . for the most part , all monarchies and free states , both heathen and christian , as turkey barbery , france , poland , and others , do hold for a rule of never-failing profit , to keep their coyne at higher rates within their own territories , than it is in other kingdomes . the causes . 1. to preserve the coyne within their owne territories . 2. to bring unto themselves the coyne of forraigne princes . 3. to inforce merchant strangers to take their commodities at high rates , which this kingdom beares the burthen of . for instance . the king of barbafy perceiving the trade of christian merchants to increase in his kingdome , and that the returnes out of his kingdomes was most in gold , whereby it was much inhanced , raised his ducket ( being then currant for three ounces ) to fo●…e , five , and six ounces ; neverthelesse it was no more worth in england , being so raised , then when it went for three ounces . this ducket currant for three ounces in barbery , was then worth in england seven shillings and six pence , and no more worth , being raised to six ounces , since which ( time adding to it a small piece of gold ) hee hath raised it to eight , and lastly to ten ounces , yet at this day it is worth but ten shillings , and one penny , notwithstanding your majesties late raising of your gold . having thus raised his gold , he then devised to have plenty of silver brought into his kingdome , raised the royall of eight , being but two ounces to three , and three pence h●…lf penny , which caused great plenty of silver to be brought in , and to continue in his kingdom . france . the english jacobus goeth for three and twenty shillings in merchandizing . the french crowne for seven shillings and six pence . also the king hath raised his silver foure sowce in the crowne . north-holland . the double jacobus goeth for three and twenty shillings sterling . the english shilling is there eleven stivers , which is two shillings over in the pound . poland . the king of poland raised his hungary ducket from 56 to 77½ polinsh groshes , and the rich dollor from 36 to 47 and ½ groshes , the reich dollor worth in poland 47 and ½ groshes , is by account valued at 6 s. 4 d. sterling , and here in england is worth but 4 s. 7 d. the hungary ducket 77 is worth by account in poland 10 s. 4 d. and in england is worth but 7 s. 10 d the jacobus of england here currant for 22 s. in poland 24 s. at the rate of 7 s. 10 d. for the hungary ducket . now to turne the stream and riches raised by your majesties native commodities into the naturall channell , from whence it hath been a long time diverted ; may it please your majesty to consider these points following . 1. vvhether it bee not fit that a state-merchant be setled within your dominions , which may both dispose more profitably of the riches thereof , and incounter pollicies of merchant strangers , who now go beyond us in all kinde of profitable merchandizing . 2. whether it be not necessary that your native commodities should receive their full manufactory by your subjects within your dominions . 3. whether it be not fit the coales should yeeld your majesty and subjects a better value , by permitting them to pasle out of the land , and that they be in your subjects shipping only transported . 4. whether it be not fit your majesty presently raise your coyne to as high rates , as it is in the parts beyond the seas . 5. whether it be not necessary that the great sea-business of fishing be forthwith set forward . if it please your m●…jesty to approve of these considerations , and accordingly to put them in a right course of execution , i assure my selfe ( by gods help ) in short time your majesties customes , and the continuall commings into your coffers , will be exceedingly increased , your ships and marriners trebled , your land and waste townes ( which are now run out of gates ) better replenished , and your people imployed , to the great inriching and honour of your kingdome , with the applause , and to the comfort of all your loyall subjects . may it please your majesty . i have the rather undergone the paines to looke into their pollicies , because i have heard them professe they hoped to get the whole trade and shipping of christendome into their owne hands , as well for transportation , as otherwise for the command and master of the seas , to which end i finde that they do daily increase their traffick , augmenting their shipping , multiplying their marriners , strength , and wealth in all kindes , whereat i have grieved the more , when i considered how god hath in●…ed this kingdome above any three kingdomes in christendom with divers varieties of home-bred commodities , which others have not , and cannot want , and indued us with su●…dry other meanes to continue and maintaine trade of me●…andizing and fishing beyond them all , whereby we might prevent the deceivers , ingrosse the commodities of the ingrossers , inrich our felves , and increase our navigation , shipping , and marriners , so as it would make all nations to vaile the bonnet to england , if we would not be still wanting to our selves in imployment of our people . which people being divided into three parts , two parts of them are meere spenders and consumers of a common-wealth , therefore i aime at these points following . to allure and incourage the people for their private gaine , to be all workers and erecters of a common-wealth , to inrich and fill your majesties coffers by a continuall comming in , and make your people wealthy , by meanes of their great and profitable trading and imployment . to vent our home-bred commodities to farre more reputation , and much more profit to the king , the merchant , and the kingdome . to returne the merchandizes of other countries at farre cheaper rates than now they are , to the great good of the realme in generall . to make the land powerfull by increasing of ships and marriners . to make your peoples takings in generall to be much mo●… every day , than now they are , which by gods help , will grow continually more and more by the great concourse and commerce that will come by setled 〈◊〉 and convenient priviledges , as in other p●…ts they doe by this their great freedome of trade . all this , and much more is done in other 〈◊〉 , where no hing grow●…th , so that of nothing they make great things , then how much more mighty things might we make , where so great abundance , and variety of home bred commodities , and rich materialls growes , for your people to worke upon , and other plentifull means to doe that withall , which other nations neither have , nor cannot want , but of necessity must be furnished from hence ? and now whereas our meichandizing is wild , utterly confused , and out of frame , as at large appeareth , a state-merchant will roundly and 〈◊〉 bring all the premises to 〈◊〉 , fill your h●…vens with ships , those ships with marriners , your kingdom fu'l of merchants , their 〈◊〉 f●…ll of out landish commodities , and your coff rs full of coyne , as in other parts th●…y doe , and your 〈◊〉 shall have just cause to hold 〈◊〉 happy memory , that your majesty was the 〈◊〉 of so profitable , praise-worthy , and renowned a worke , being the true philosophers stone to make your majesty a rich and potent king , and your subjects happy people , onely by setling of a state-merchant , whereby your people may have fulnesse of trade and manufactory , and yet hold both honourable and profitable government without breakings of companies . and for that in the setling of so weighty a businesse many things of great consequence m●…st necessarily fall into consideration ; i humbly pray that your m●…jesty may be pleased ( for the bringing of this great service to light ) to give me leave to nominate the commissioners , and your majesty to give them power to call before them such men as they shall thinke fit to conferre with upon oath , or otherwise , as occasion shall offer ; that the said commissioners with all speed , for the better advancement of this honourable and profitable work , may prepare , and report the same unto your majesty . your majesties most loyall and true-hearted subject . the seat of government . that the seat of government is upheld by the two great pillars thereof , viz. civill justice , and martiall policy , which are framed out of husbandry , merchandize , and gentry of this kingdome . they say , that the goodliest cedars which grow on the high mountains of libanus , thrust their roots between the clifts of hard rocks , the better to beare themselves against the strong storms that blow there . as nature hath instructed those kings of trees , so hath reason taught the kings of men to root themselves in the hardy hearts of their faithfull subjects . and as those kings of trees have large tops , so have the kings of men large crowns , whereof as the first would be soone broken from their bodies , were they not under-borne by many branches , so would the other easily totter , were they not fastened on their heads , wi●…h the strong chaines of civill justice , and martiall discipline . 1. for the administration of the first , even god himselfe hath given direction , judges and officers shalt thou make , which shall judge the people with righteous judgment . 3. the second is grounded on the first lawes of the world and nature , that force is to be repelled by fo●…ce . yea moses in the 20. of exodus , and elsewhere , hath delivered us many law●…s and polices of warre . but as we have heard of the neglect and abuse in both , so have we heard of the decline and r●…ine of many kingdoms and states long before our day●…s ; for that policy hath never yet prevailed ( though it hath served for a short season ) where the counterfeit hath been sold for the naturall , and the outward shew and formality for the substance . of the emperor cha●…les the fourth , the writers of that age witnesse , that he used but the name of justice and good order , being more learned in the law , than in doing right , and that hee had by farre , more knowledge than conscience . certainly the unjust magistrate that fancieth to himselfe a sollid and untransparable body of go●…d , every ordinary wit can vitrifie , and make transparant pierce , and discern their corruptions ; howsoever , because not daring , they cover their knowledge , but in the meane while it is also true , that constrained dissimulation , either in the proud heart , or in the oppressed , either in publike estates , or in private persons , where the fear of god is not prevalent , doth in all the leisure of her lurking , but sharpen her teeth , the voluntary being no lesse base , than the forced malitious . thus it fared between the barons of england , and their kings , betweene the lords of switzerland , and their people , betweene the sicilians , and the french , betweene the dolphine and john of burgoign , between charles the ninth , and the french protestants , and between henry the third , his successor , and the lords of guise ; and hereof in place of more particulars , the whole world may serve for examples . it is a difficult piece of geography , to delineate , and lay out the bounds of authority ; but it is easie enough to conceive the best use of it , and by which it hath maintained : it selfe in lasting happinesse , it hath ever acquired more honour by perswading , than by beating ; for as the bonds of reason and love are immortall , so do all other chains or cords , both rusty and rot noble parts of their owne royall and politick bodies . but we will forbeare for a while to stretch this first string of civill justice ; for in respect of the first sort of men , to wit , of those that live by their owne labour , they have never been displeased where they have beene suffered to injoy the fruit of their owne travells , meum & tuum , mine and thine is all wherein they seek the certainty and protection . true it is , that they are the fruit . trees of the land , which god in deuteronomie commanded to be spared , they gather honey , and hardly injoy the wax , and breake the ground with great labour , giving the best of their graine to the easefull and idle . for the second sort , which are the merchants , as the first feed the kingdome , so do these inrich it , yea their trades , especially those which are forcible , are not the least part of our martiall policy , as hereafter proved ; and to do them right , they have in all ages and times assisted the kings of this land , not only with great sums of money , but with great fleets of ships in all their interprises beyond the seas . the second have seldome or never offended their princes , to enjoy their trades at home upon tolerable conditions , hath ever contented them for the injuries received from other nations give them but the commission of reprisall , they will either right themselves , or sit downe with their own losse without complaint . 3. the third sort , which are the gentry of england , these being neither seated in the low●…st grounds , and thereby subject to the biting of every beast , nor in the highest mountaines , and thereby in danger to bee ●…orne with tempest ; but the valleyes between both , have their parts in the inferiour justice , and being spread over all , are the garrisons of good order throughout the realm . observations concerning the causes of the magnificency and opulency of cities . that the onely way to civillize and reforme the savage and barbarous lives , and corrupt manners of such people , is , 1. to be dealt withall by gentle and loving conversation among them , to attaine to the knowledge of their language , and of the multitude of their speciall discommodities , and inconveniences in their manner of living . 2. the next is to get an admired reputation amongst them , upon a solid and true foundation of piety , justice , and wisdome , conjoyned with fortitude and power . 3. the third is , discreetly to possesse them with a knowledge of the condition of their owne estate . thus orpheus , and amphion were said to draw after them the beasts of the field , &c. and this must be first wrought by a visible representation of the certainty , truth , and sincerity of these , together with the felicity of a reformed estate . all which is but to give foundation , bottom , and firm footing unto action , and to prepare them to receive wholesome and good advice , for the future profit and felicity of themselves and their posterity . for the more commodious effecting of this reformation in a rude and barbarous people , they are to be perswaded to withdraw and unite themselves into severall colonies ; that by an interchangeable communication and commerce of all things may more commodiously be had , and that they may so live together in civility , for the better succour and welfare of one another : and thereby they may more easily be instructed in the christian faith , and governed under the magistrates and ministers of the king , or other superiour power , under whom this reformation is sought ; which course the stoick tells , that thesius took , after he had taken upon him the government of the athenians , whereby he united all the p ●…ple into one city , that before lived dispersedly in many villages . the like is put in practice at this day by the portugalls , and jesuits , that they may with lesse difficulty and hindrance reform the rough behaviour and savage life of the people of brazeel , who dwell scattered and dispersed in caves and cottages made of boughs and leaves of the palm-trees . alexander the great , built more than seventy cities ; seleucus built three cities , called appanice , to the honour of his wife ; and five called laodicea , in memory of his mother ; and five called 〈◊〉 , to the honor of himself . safety for defence of the people and their goods , in and near the towne . in the situation of cities , there is to be required a place of safty , by some naturall strength , commodiousnesse for navigation and conduct , for the attaining of plenty of all good things , for the sustenance and comfort of mans life , and to draw trade and intercourse of other nations , as if the same be situate in such sort , as many people have need to repaire thither for some naturall commodity , or other of the countrey , which by traf●…k and transportation of commodities , whereof they have more plenty then will supply their owne necessity , or for receiving of things , whereof they have scarcity . and much better will it be , if the place afford some notable commodity of it selfe , from whence other nations may more readily , and at better rate attain the same . likewise , and withall , be so fertile , pleasant , and healthfull of it selfe , that it may afford plenty of good things , for the delight and comfort of the 〈◊〉 . in former times , great nations , kings , and potentates have indured sharp conflicts , and held it high policy , by all meanes to increase their cities , with multitudes of inhabitants . and to this end the romans ever furnished themselves with strength and power , to make their neighbour people , of necessity , willing to draw themselves to rome to dwell , and overthrow their townes and villages of mean strength , downe to the ground . so did they for this cause utterly destroy many cities , bringing alwayes the vanquished captives to rome , for the augmentation of that city . romulus , after a mighty fight with the sabines , condescended to peace , upon condition that tacius their king should come withall their people to dwell at rome : tacius did accept , and made choice of the capitoll , and the mount quitinalis for his seat and pallace . the same course held tamberlaine the great , whereby he inlarged the great sarmacauda , still bringing unto it the richest and wealthiest citizens he had subdued . and the ottomans , to make the city constantinople rich and great , brought to it many thousand families , 〈◊〉 〈◊〉 out of the 〈◊〉 cities 〈◊〉 as 〈◊〉 〈◊〉 great from 〈◊〉 , 〈◊〉 the first from cairo , and so●…n from 〈◊〉 . authority and necessity , without the consideration of the conveniences and 〈◊〉 of situation above-mentioned , are of small m●…ment in the 〈◊〉 of a city , thereby only it would be unlikely , either to grow or 〈◊〉 in magnificency or opul●…ncy ; for if profit , height , and delight , go n●… companions therewith , no authority or necessity can retain much people or wealth . but if the pl●…ce whereupon a city is to be founded , be commodious for the aforesaid conveniences , which help greatly for the felicity of this life , then no doubt , the same is likely to draw much abundance of people and riches unto the same , whereby it may , by the help of arts and 〈◊〉 , in time become magnificent and glorious . finis sir walter raleigh's sceptick, or speculations and observations of the magnificency and opulency of cities, his seat of government, and letters to the kings majestie, and others of qualitie : also, his demeanor before his execution. sceptick raleigh, walter, sir, 1552?-1618. this text is an enriched version of the tcp digital transcription a57589 of text r9285 in the english short title catalog (wing r186a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 90 kb of xml-encoded text transcribed from 77 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a57589 wing r186a estc r9285 12384195 ocm 12384195 60803 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a57589) transcribed from: (early english books online ; image set 60803) images scanned from microfilm: (early english books, 1641-1700 ; 224:27) sir walter raleigh's sceptick, or speculations and observations of the magnificency and opulency of cities, his seat of government, and letters to the kings majestie, and others of qualitie : also, his demeanor before his execution. sceptick raleigh, walter, sir, 1552?-1618. james i, king of england, 1566-1625. [3], 150 p. : port. printed by w. bentley, and are to be sold by w. shears ..., london : 1651. reproduction of original in columbia university library. contains several poems: p. 135-150. eng raleigh, walter, -sir, 1552?-1618. a57589 r9285 (wing r186a). civilwar no sir walter raleigh's sceptick, or speculations. and observations of the magnificency and opulency of cities. his seat of government. and let raleigh, walter, sir 1651 16757 7 0 0 0 0 0 4 b the rate of 4 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-06 spi global keyed and coded from proquest page images 2002-07 kirk davis sampled and proofread 2002-07 kirk davis text and markup reviewed and edited 2002-08 pfs batch review (qc) and xml conversion tam-marti , quam mercurio . the ho. ble and learned knight s. walter raleigh . ro : vaughan sculp sir walter raleigh's sceptick , or speculations . and observations of the magnificency and opulency of cities . his seat of government . and letters to the kings majestie , and others of qualitie . also his demeanor before his execution . london , printed by w. bentley , and are to be sold by w. shears , at the sign of the bible , over against the north door of s. pauls . 1651. sir walter raleigh's sceptick . the sceptick doth neither affirm , neither denie any position : but doubteth of it , and opposeth his reasons against that which is affirmed , or denied , to justifie his not consenting . his first reason ariseth , from the consideration of the great difference amongst living creatures , both in the matter and manner of their generations , and the several constitutions of their bodies . some living creatures are by copulation , and some without it , and that either by fire as crickets in fornaces ; or corrupt water , as gnats ; or slime , as frogs ; or dirt , as worms ; or herbs , as canker-worms : some of ashes , as beetles ; some of trees , as the worms psenas bred in the wild fig-tree ; some of living creatures putrified , as bees of bulls , and wasps of horses . by copulation many creatures are brought forth alive , as man ; some in the egg , as birds ; some in an unshapen piece of flesh , as bears . these great differences cannot but cause a divers and contrary temperament , and qualitie in those creatures , and consequently , a great diversitie in their phantasie and conceit ; so that they apprehend one and the same object , yet they must do it after a divers manner ; for is it not absurd to affirm , that creatures differ so much in temperature , and yet agree in conceit concerning one and the same object ? but this will more plainly appear , if the instruments of sence in the body be observed : for we shall find , that as these instruments are affected and disposed , so doth the imagination conceit that which by them is connexed unto it . that very object which seemeth unto us white , unto them which have the jaundise , seemeth pale , and red unto those whose eyes are bloud-shot . for so much then as living creatures have some white , some pale , some red eyes , why should not one and the same object seem to some white , some red , to some pale ? if a man rub his eye , the figure of that which he beholdeth seemeth long , or narrow ; is it then not likely , that those creatures which have a long and slanting pupil of the eye , as goats , foxes , cats , &c. do convey the fashion of that which they behold under another form to the imagination , than those that have round pupils do do ? who knoweth not , that a glass presenteth the outward object smoother , or greater , according to the making of the glass ? if it be hollow , the object seemeth smaller than it is , if the glass be crooked , then the object seemeth long and narrow . and glasses there be , which presenteth the head of him that looketh in them , downwards , & the heels upwards . now then , seeing the eye which is the instrument of sight , in some living creatures is more outward , in some more hollow , in some plain , in some greater , in some less ; it is very probable , that fishes , men , lions , and dogs , whose eyes so much differ , do not conceive the self same object after the same manner , but diversly , according to the diversitie of the eye ; which offereth it unto the phantasie . the same reason holdeth in touching ; for seemeth it not absurd to think , that those creatures , which are covered with shels , those which are covered with scales , those which are covered with hairs , and those which are smooth , should all be alike sensible in touching ? and every one of them conveigh the image , or qualitie of the same object which they touch , in the very same degree of heat or cold , of driness or moisture , roughness or smoothness unto the imagination ? so might it be shewed in hearing , for how cā we think that the ear , which hath a narrow passage , and the ear , which hath an open & wide passage , do receive the same sound in the same degree ? or that the ear ; whose inside is full of hair , doth hear in the same just measure , that the ear doth whose inside is smooth ? since experience sheweth , that if we stop , or half stop our ears , the sound cometh not to us in the same manner and degree , that it doth if our ears be open ? the like may be thought of smelling , for man himself abounding with fleagm , is otherwise affected in smelling , than he is , if the parts about the head be full of bloud ; and many things afford a delightfull smell to some living creatures , which smel to other living creatures seemeth not to be so . in the taste the same reason appeareth ; for to a rough and drie tongue , that very thing seemeth bitter ( as in an ague ) which to the moister tongue seemeth not to be so . divers creatures then having tongues drier , or moister according to their several temperatures , when they tast the same thing , must needs conceit it to be according as the instrument of their tast is affected , either bitter , or sweet , &c. for even as the hand in the striking of the harp , though the stroak be one , yet causeth a sound , sometimes high , sometimes base , according to the qualitie of the string that is strucken . even so one and the same outward object is diversly judged of , and conceited , according to the several and divers qualities of the instrument of sence , which conveieth it to the imagination . oyntment is pleasing to man ; but beetles and bees cannot abide it . oyl to man is profitable ; but it killeth bees and wasps . cicuta feedeth quails , and henbane sows ; but both of these hurt man . if a man eat ants he is sick ; but the bear being sick , recovereth by eating them . if then one and the very same thing to the red eye seem red , to another pale , and white to another : if one and the same thing , seem not hot or cold , drie or moist , in the same degree to the several creatures which touch it : if one and the self same sound seem more shrill to that creature which hath a narrow ear , and more base to him that hath an open ear : if the same thing , at the same time , seem to afford a pleasant and displeasant smell to divers and several creatures : if that seem bitter in tast to one , which to another seemeth sweet , that to one hurtful , which to another seemeth healthful , i may report how these things appear divers to several creatures , and seem to produce divers effects . but what they are in their own nature , whether red or white , bitter or sweet , healthfull or hurtfull , i cannot tell . for why should i presume to profer my conceit and imagination , in affirming that a thing is thus , or thus , in its own nature , because it seemeth to me to be so , before the conceit of other living creatures , who may as well think it to be otherwise in each one nature , because it appeareth otherwise to them than it doth to me ? they are living creatures as well as i , why then should i condemn their conceit and phantasie , concerning any thing , more than they may mine ? they may be in the truth and i in errour , as well as i in truth , and they err . if my conceit must be believed before theirs , great reason that it be proved to be truer than theirs . and this proof must be either by demonstration , or without it ; without it none will believe ; certainly , if by demonstration , then this demonstration must seem to be true , or not seem to be true ; if it seem to be true , then will it be a question , whether it be so indeed as it seemeth to be ; and to alleadge that for a certain proof , which is uncertain and questionable , seemeth absurd . if it be said , that the imagination of man judgeth truer of the outward object , than the imagination of other living creatures doth , & therefore to be credited above others , ( besides that which is already said ) this is easily refuted by comparing of man with other creatures . it is confessed , the dog excelleth man in smell , and in hearing , and whereas there is said to be a twofold discourse , one of the mind , another of the tongue , and that of the mind is said to be exercised in chusing that which is convenient , and refusing that which is hurtfull in knowledge , justice , & thankfulnes : this creature chuseth his food , refuseth the whip , fawneth on his master , defendeth his house , revengeth himself of those strangers that hurt him . and homer mentioneth argus , the dog of ulisses , who knew his master having been from home so many years , that at his return , all the people of his house had forgot him . this creature , saith chrysippus , is not void of logick ; for when in following any beast , he cōeth to three several ways , he smelleth to the one , & then to the second , and if he find that the beast which pursueth be not fled one of these 2 ways , he presently without smelling any further to it , taketh the third way , which , saith the same philosopher , is as if he reasoned thus , the beast must be gone either this , or this , or the other way ; but neither this nor this , ergò , the third : and so away he runneth . if we consider his skill in physick , it is sufficient to help himself ; if he be wounded with a dart , he useth the help of his teeth to take it out , of his tongue to cleanse the wound from corruption ; he seemeth to be well acquainted with the precept of hippocrates , who saith , that the rest of the foot is the physick of the foot , and therefore if his foot be hurt , he holdeth it up that it may rest ; if he be sick , he giveth himself a vomit by eating of grass , and recovereth himself ; the dog then we see is plentifully furnished with inward discourse . now outward speech is not needfull to make a creature reasonable , else a dumb man were an unreasonable creature . and do not philosophers themselves reject this as an enēie to knowledge ? & therefore they are silea when they are instructed ; and yet even as barbarous ans strange people of speech , but we understand it not , neither do we perceive any great difference in their words : but a difference there seemeth to be , and they do expres their thoughts and meanings one to another by those words . evē so those creatures , which are commonly called unreasonable , do seem to parlie one with another ; and by their speech to understand one the other . do not birds by one kind of speech call their young ones , and by another cause them to hide themselves ? do they not by their several voices express their several passions of joy , of grief , of fear in such manner , that their fellows understand them ? do they not by their voice foreshew things to come ? but we will return to that creature we first did instance in . the dog delivereth one kind of voice when he hunteth , another when he howleth , another when he is beaten , and another when he is angry . these creatures then are not void of outward speech . if then these creatures excel man in sence , & are equal to him inward & outward discourse , why should not their conceits & imaginations conveigh the outward object in as true a manner as ours ? and if so , then seeing their imaginations are divers , and they conceit it diversly according to their divers temperaments , i may tell what the outward object seemeth to me ; but what it seemeth to other creatures , or whether it be indeed that which it seemeth to me , or any other of them , i know not . but be it granted , that the judgement of man in this case , is to be preferred before the judgement of beasts ; yet in men there is great difference ; both in respect of the outward shape , and also of the temperature of their bodies : for the bodie of the scythian differeth in shape from the bodie of the indian , the reason of it ariseth ( saith the dogmatiques ) from a predominancie of humours in the one more than in the other ; and as several humours are predominant , so are the phantasies and conceits severally framed and effected . so that our countrey men delight in one thing , the indian not in that , but in another which we regard not . this would not be , if their conceits and ours were both alike , for then we should like that which they do , and they would dislike that which we would dislike . it is evident also , that men differ very much in the temperature of their bodies , else why should some more easily digest bief than shel-fish ? and other be mad for the time , if they drink wine ? there was an old woman about arbeus , which drunk three drams of cicuta ( every dram weighing sixtie barley corns , and eight drams to an ounce ) without hurt . lysis , without hurt , took four drams of poppie ; and demophon , which was gentleman-sewer to alexander , was very cold whē he stood in the sun , or in a hot bath ; but very not when he stood in the shadow . athenagoras felt no pain if a scorpion stung him . and the psilli ( a people in lybia , whose bodies are venom to serpents ) if they be stung by serpents , or asps , receive no hurt at all . the ethiopians , which inhabit the river hydaspis , do eat serpents and scorpions without danger . lothericus a chyr●●gian , at the smell of a sturgeon , would be for the time mad . andron of argos , was so little thirstie , that without want of drink , he travelled through the hot and drie countrey of lybia . tyberius cesar , would see very well in the dark . aristotle , mentioneth of thratius , who said , that the image of a man went always before him . if then it be so , that there be such differences in men , this must be by reason of the divers temperatures they have , and divers disposition of their conceit and imagination ; for , if one hate , and another love the very same thing , it must be that their phantasies differ , else all would love it , or all would hate it . these men then , may tell how these things seem to them good , or bad ; but what they are in their own nature they cannot tell . if we will hearken to mens opinions , concerning one and the same matter , thinking thereby to come to the knowledge of it , we shall find this to be impossible ; for , either we must believe what all men say of it , or what some men onely say of it . to believe what all men say of one and the same thing , is not possible ; for then we shall believe contrarieties ; for some men say , that that very thing is pleasant , which other say is displeasant . if it be said we must believe onely some men , then let it be shewed who those some men are ; for the platonists will believe plato , but the epicures epicurus , the pythagorians pythagorus and other philosophers , the masters of their own sects : so that it is doubtfull , to which of all these we shall give credit . if it be said , that we must credit the greatest number , this seemeth childish , for there may be amongst other nations a greater number which denie that very point , which the greatest number with us do affirm : so that hereof nothing can certainly be affirmed . this argument seemeth to be further confirmed , if the differences of the sences of hearing , seeing , smelling , touching , and tasting be considered ; for that the sences differ , it seemeth plain . painted tables ( in which the art of slanting is used ) appear to the eye , as if the parts of them were some higher , and some lower than the other , but to the touch they seem not to be so . honey seemeth to the tongue sweet , but unpleasant to the eye : so oyntment doth recreate the smell , but it offendeth the tast. rain-water is profitable to the eyes , but it hurteth the lungs . we may tell then , how these things seem to our several sences , but what they are in their own nature we cannot tell : for why should not a man credit any one of his sences as well as the other ? every object seemeth to be presented diversly unto the several instruments of sence . an apple to the touch seemeth smooth , sweet to the smell , and to the eye yellow ; but whether the apple have one of these qualities onely , or more than these qualities , who can tell ? the organ hath many pipes , all which are filled with the same blast of wind , varied according to the capacitie of the several pipes which receive it : even so the qualitie of the apple may be but one , and that this one qualitie may be varied , and seem yellow to the eye , to the touch smooth , and sweet to the smell , by reason of the divers instruments of the sence , which apprehend this one quality diversly , it may be also , that an apple hath many qualities besides , but we are not able to conceive them all ; because we want fit means and instruments to apprehend them : for suppose that some man is born blind , and deaf , and yet can touch , smell , and tast ; this man will not think that there is any thing , which may be seen or heard , because he wanteth the sences of hearing and seeing , he will onely think there are those qualities in the object , which by reason of his three sences he conceiveth : even so the apple may have many more qualities ; but we cannot come to know them , because we want fit instruments for that purpose . if it be replied , that nature hath ordained as many instruments of sence , as there are sencible objects ; i demand , what natures ? for there is a confused controversie about the very essence of nature . some affirming it to be one thing , others another , few agreeing : so that what the qualitie of an apple is , or whether it hath one qualitie or many i know not . let a man also consider , how many things that are seperated , and by themselves appear to differ from that which they seem to be , when they are in a mass or lump ; the scrapings of the goats horn seems white , but in the horn they seem black , but in the lump white . the stone taenarus , being polished , seemeth white , but unpolished and rough , it seemeth yellow . sands being seperated , appear rough to the touch , but a great heap , soft . i may then report , how these things appear , but whether they are so indeed , i know not . sir walter raleigh's observations concerning the causes of the magnificencie and opulencie of cities . that the onely way to civilize and reform the savage and barbarous lives , and corrupt manners of such people , is , 1 to be dealt withall by gentle and loving conversation among them , to attain to the knowledge of their language , and of the multitude of their special discommodities and inconveniences in their manner of living . 2 the next is to get an admired reputation amongst them , upon a solid and true foundation of pietie , justice , and wisdom , conjoyned with fortitude and power . 3 the third is , discreetly to possess them with a knowledge of the condition of their own estate . thus orpheus and amphion , were said to draw after them the beasts of the field , &c. and this must be first wrought by a visible representation , of the certaintie , truth , and sinceritie of these , together with the felicitie of a reformed estate . all which is but to give foundation , bottom , and firm footing unto action , and to prepare them to receive wholesom and good advise , for the future profit and felicitie of themselves and their posteritie . for the more commodious effecting of this reformation in a rude and barbarous people , they are to be perswaded to withdraw and unite themselves into several colonies ; that by an interchangeable communication , and commerce of all things may more commodiously be had , and that they may so live together in civilitie , for the better succour and welfare of one another : and thereby they may more easily be instructed in the christian faith , and governed under the magistrates and ministers of the king , or other superiour power , under whom this reformation is sought ; which course the stoick tells , that thesius took , after he had taken upon him the government of the athenians , whereby he united all the people into one citie , that before lived dispersedly in many villages . the like is put in practice at this day by the portugalls , and jesuits , that they may with less difficultie and hinderance reform the rough behaviour , and savage life of the people of brazeel , who dwell scattered & dispersed in caves and cottages made of boughs and leaves of the palm-trees . alexander the great , built more than seventie cities ; seleucus built three cities , called appanice , to the honour of his wife ; and five called laodicea , in memorie of his mother ; and five called seleuciae , to the honour of himself . safetie for defence of the people and their goods , in and near the town . in the scituation of cities , there is to be required a place of safetie , by some natural strength , commodiousness for navigation , and conduct , for the attaining of plentie of all good things , for the sustenance and comfort of mans life , and to draw trade and entercourse of other nations , as if the same be scituate in such sort , as many people have need to repair thither for some natural commoditie , or other of the countrey , which by traffick and transportation of cōmodities , whereof they have more plentie than will supplie their own necessitie , or for receiving of things whereof they have scarcitie . and much better will it be , if the place afford some notable commoditie of it self , from whence other nations may more readily , and at better rate attain the same . likewise , and withall , be so fertil , pleasant , and healthfull of it self , that it may afford plentie of good things , for the delight and comfort of the inhabitants . in former times , great nations , kings and potentates have endured sharp conflicts , and held it high policie , by all means to increase their cities , with multitudes of inhabitants . and to this end the romans ever furnished themselves with strength and power , to make their neighbour-people , of necessitie , willing to draw themselves to rome to dwell , and overthrow their towns and villages of mean strength , down to the ground . so did they for this cause utterly destroy many cities , bringing always the vanquished captives to rome , for the augmentation of that citie . romulus , after a mightie fight with the sabynes condescended to peace , upon condition , that tacius their king should come with all their people to dwell at rome : tacius did accept and made choice of the capitol , and the mount quirinalis for his seat and pallace . the same course held tamberlain the great , whereby he enlarged the great sarmacauda , still bringing unto it , the richest and wealthiest citizens he had subdued . and the ottomans , to make the citie constantinople rich and great , brought to it many thousand families , especially artificers out of the subdued cities , as mahomet the great from trabizond , selim the first from caïro , and soliman from tauris . authoritie and necessitie , without the consideration of the conveniencies , and commodiousness of scituation above mentioned , are of small moment in the foundation of a citie , thereby onely it would be unlikely , either to grow or continue in magnificencie or opulencie : for if profit , height , and delight , go not companions therewith , no authoritie or necessitie , can retain much people or wealth . but if the place whereupon a citie is to be founded , be cōmodious for the aforesaid conveniences , which help greatly for the felicitie of this life ; then , no doubt , the same is likely to draw much abundance of people and riches unto the same , whereby it may , by the help of arts & industrie in time , become magnificent and glorious . unto the good estate , greatness , and glorie of a citie , those things hereafter mentioned do greatly avail , and are of much importance , viz. religion , which is of such force and might , to amplifie cities and dominions , and of such attractive virtue to replenish the same with people and wealth , and to hold them in due obedience , as none can be more ; for without adoration of some dietie , no common-wealth can subsist . witness ierusalem , rome constantinople , and all other cities that have been famous for the profession of religion , or divine worship . and no marvel , for there is not any thing in this world of more efficacie and force to allure and draw to it the hearts of men , than god , which is the summum bonum . he is carefully desired , and continually sought for of all creatures ; for all regard him as their last end and refuge . light things apply themselves upwards , heavy things downwards ; the heavens to revolution , the herbs to flowers , trees to bear fruit , beasts to present their kind , and man in seeking his tranquilitie and everlasting glory . but forasmuch as god is of so high a nature , as the sence and understanding of man cānot conceive it , every man directly turns himself to that place where he leaves some print of his power , or declares some sign of his assistance . and to such persons whom he seemeth more especially to have revealed himself . academies , and schools of learning , with convenient immunities and priviledges for scholars , and means for recreation for delight , are of great importance to enlarge and enrich a citie : forasmuch as men long for honour and profit , and of arts and liberal sciences some bring certain wealth to men , and some promotions and preferments to honourable functions : for by this means , not onely young men , and those that are desirous of learning and virtue in the same common-wealth , will be retained in their own countrey ; but also strangers will be drawn home to them . and the more will this be available if occasion be given to scholars and students , to rise to degrees of honour and preferment by their learned exercises , and that by the policie of the same citie , good wits be accounted of , and rewarded well : and that the same academies & schools be stored with plentie of doctours and learned men , of great fame and reputation . courts of justice , with due execution of the same in a citie , do much enable , enlarge , and enrich it ; for it fasteneth a great liking in a citie to virtuous men , and such as be wealthie , that therein they may be free , and in safetie from the violence of the oppressions of covetous and wicked men : and there will be rather resort thither to inhabit , or traffick there as occasions may minister unto them . and many others that have cause of suite will repair thither , whereas they may be sure to find judgement and justice duely executed , whereby the citie must needs be enlarged and enriched : for our lives , and a 〈…〉 ever we have are in th 〈…〉 ds of justice : so that if justice be not administered amongst men , in vain is there any societie and commerce , or any other thing can be profitable or safe ; so much is love and charitie failed , and iniquitie increased upon the face of the earth . the excellencie and multitude likewise of artificers exercising their manual arts and trades , do marvellously increase and enrich a state , whereof some are necessary , some commodious for a civil life , other some are of pomp and ornament , and other some of delicacie and curiositie 〈…〉 reof doth follow co 〈…〉 se of people that labour and work , and current money which doth enrich & supply of materials for labourers , & work-men , buying & selling , transportation from place to place , which doth imploy and increase the artificious and cunning parts of the wit of man ; and this art and exquisitness of work-manship and skill is so powerfull herein , that it far excels the simple commodities and materials that nature produceth ; and is alone sufficient of it self to make a citie or state , both magnificent and glorious : and the daily experience we have in these our days , and in former times , doth manifestly approve the same , and make evident without all contradiction . some natural benefits that a citie also may have for the excellencie of art , or work-manship of some special commodities above any other place , either through the qualitie of the water , or other matter whatsoever , or some hidden mysterie of the inhabitants in working thereof , may be a great help for the enlargement and enriching of a citie . the command of a countrie that affordeth some proper commoditie , is of it self sufficient mightily to bring a citie to great wealth , and to advance it to great power , and draweth thereby dependencie and concourse , much advantagious also , as well for the publick weal , as the private person . a citie also may be lord of much merchandize and traffick , by means of the commodious scituation to many nations , to whom it serveth and hath relation to , as ware-houses , roomth and store-houses , by reason whereof , the nations adjoyning do use to resort thereunto to make their provisions of such things . and this consisteth in the largeness of the ports , the fitness of the gulphs and creeks of the seas , in the navigable rivers and channels , and the plain and safe ways that leadeth to the citie , or that come , or turn by or near it . priviledge and freedom from customs and exactions , doth greatly increase the trade , and draw inhabitants to a citie , whereby the same may become both rich and powerfull ; whereof the marts and fairs , and markets bear good witness , which are frequented with great concourse of people , tradesmen and merchants , for no other respect , but that they are there free and frank from customs and exactions . and the cities in flanders are lively testimonies hereof , where the customs are very small . by reason whereof , all such as have erected new cities in times past to draw concourse of people unto it , have granted large immunities , and priviledges at the least , to the first inhabitants thereof . the like have they done that have restored cities emptied with plague , consumed with wars , or afflicted with famin or some other scourge of god . in respect whereof , freedom of cities hath been often granted to such as would , with their families , inhabit there , or would bring corn and other necessaries for provision of victual . the romans , to increase their cities , made the towns that well deserved of them ( which they after called municipia ) to be partakers of their franchises and priviledges . the first means the romans used to allure people to make their habitations rather in rome than else where , was the opening the sanctuarie , and giving libertie and freedom to all that would come unto them . in respect whereof , there flocked thither , with their goods , numbers of people that were either racked with exactions , thrust out of their habitations , or unsafe , or unsure for their lives in their own countreys for religion sake . the very same reason in a manner hath increased so much the citie of geneva : forasmuch as it hath offered entertainment to all commers out of france and italie , that have either forsaken , or been exiled their countreys for religious sake . likewise , triumphs , goodly buildings , battels on the water , fights of sword-players , hunting of wild beasts , publick shows and sights , plays solemnized with great pomp and preparation , and many other such things do draw the curious people to a citie inspeakably , which leaves behind them much treasure , and for such cause will rather settle themselves to inhabit there , than in other places . this was also the devise of rome in her infancie to enlarge her self . the causes that concern the magnificencie of a citie . to confirm a citie in her greatness , iustice , peace , and plentie are the undoubted means : for iustice assureth every man his own . peace causeth all arts and negotiations whatsoever to flourish : and plentie of food and victual , that sustaineth the life of man with ease and much contentment . to conclude , all those things that cause the greatness of a citie , are also fit to conserve the same . sir walter raleigh's seat of government . that the seat of government is upheld by the two great pillars thereof , viz. civil justice , and martial policie ; which are framed out of husbandrie , merchandize , and gentrie of this kingdom . they say , that the goodliest cedars which grow on the high mountains of libanus , thrust their roots between the clifts of hard rocks , the better to bear themselves against the strong storms that blow there . as nature hath instructed those kings of trees , so hath reason taught the kings of men , to root themselves in the hardie hearts of their faithfull subjects . and as those kings of trees have large tops , so have the kings of men large crowns ; whereof as the first would soon be broken from their bodies , were they not underborn by many branches ; so would the other easily tytter , were they not fastened on their heads , with the strong chains of civil iustice , and martial discipline . 1. for the administration of the first , even god himself hath given direction , judges and officers shalt thou make , which shall judge the people with righteous judgement . 2. the second is grounded on the first laws of the world and nature , that force is to be repelled by force . yea moses in the 20 of exodus , and else where , hath delivered us many laws and policies of war . but as we have heard of the neglect and abuse in both , so have we heard of the decline and ruine of many kingdoms and states long before our days : for that policie hath never yet prevailed ( though it hath served for a short season ) where the counterfeit hath been sold for the natural , and the outward shew and formalitie for the substance . of the emperor charls the fourth , the writers of that age witness , that he used but the name of iustice and good order , being more learned in the law than in doing right , and that he had by far , more knowledge than conscience . certainly the unjust magistrate that fancieth to himself a sollid and untrasparable bodie of gold , every ordinarie wit can vitrifie , and make trasparant pierce , and discern their corruptions ; howsoever , because not daring , they cover their knowledge , but in the mean while it is also true , that constrained dissimulation , either in the proud heart , or in the oppressed , either in publick estates , or in private persons , where the fear of god is not prevalent , doth in all the leisure of her lurking , but sharpen her teeth , the voluntarie being no less base , than the forced malitious . thus it fared between the barons of england and their kings , between the lords of switzerland & their people , between the sicilians and the french , between the dolphine and iohn of burgoign , between charls the ninth and the french protestants , and between henry the third , his successor , and the lords of guise , and hereof in place of more particulars , the whole world may serve for examples . it is a difficult piece of geographie , to delineate and lay out the bounds of authority ; but it is easie enough to conceive the best use of it , and by which it hath maintained it self in lasting happiness , it hath ever acquired more honour by perswading , than by beating ; for as the bonds of reason and love are immortal , so do all other chains or cords , both rustie and rot noble parts of their own royal and politick bodies . but we will forbear for a while to stretch this first string of civil iustice ; for in respect of the first sort of men , to wit , of those that live by their own labour , they have never been displeased where they have been suffered to enjoy the fruit of their own travels , meum & tuum , mine and thine is all wherein they seek the certaintie and protection . true it is , that they are the fruit-trees of the land , which god in deuteronomie commanded to be spared , they gather honey , and hardly enjoy the wax , and break the ground with great labour , giving the best of their grain to the easefull and idle . for the second sort , which are the merchants , as the first feed the kingdom , so do these enrich it , yea their trades , especially those which are forcible , are not the least part of our martial policie , as hereafter proved ; and to do them right , they have in all ages and times assisted the kings of this land , not onely with great sums of money , but with great fleets of ships in all their enterprises beyond the seas . the second have seldom or never offended their princes , to enjoy their trades at home upon tolerable conditions , hath ever contented them for the injuries received from other nations , give them but the commission of reprisal , they will either right themselves , or sit down with their own loss without complaint . 3. the third sort , which are the gentrie of england , these being neither seated in the lowest grounds , & thereby subject to the biting of every beast , nor in the highest mountains , and thereby in danger to be torn with tempest ; but the valleys between both , have their parts in the inferiour justice , and being spred over all , are the garrisons of good order throughout the realm . sir walter raleigh's letters . sir walter raleigh's letter to mr secretary winwood , before his iourney to guiana . honourable sir , i was lately perswaded , by two gentlemen , my ancient friends , to acquaint your honour with some offers of mine , made heretofore for a journey to guiana , who were of opinion , that it would be better understood now , than when it was first propounded , which advice having surmounted my dispair , i have presumed to send unto your honour the copies of those letters which i then wrote , both to his majestie , and to the treasurer cecill , wherein as well the reasons that first moved me are remembered , as the objections by him made , are briefly answered . what i know of the riches of that place , not by hear-say , but what mine eyes hath seen , i have said it often but it was then to no end : because those that had the greatest trust , were resolved not to believe it , not because they doubted the truth , but because they doubted my disposition towards themselves ; where ( if god had blessed me in the enterprise ) i had recovered his majesties favour and good opinion . other cause than this , or other suspition they never had any . our late worthy prince of wales was extream curious in searching out the nature of my offences , the queens majestie hath informed her self from the beginning , the king of denmark at both times of his being here was throughly satisfied of my innocency , they would otherwise never have moved his majestie on my behalf . the wife , the brother , and the son of a king , do not use to sue for men suspect ; but sir , since they all have done it out of their charitie , and but with references to me alone . your honour ( whose respect hath onely relation to his majesties service ) strengthened by the example of those princes , may with the more hardness do the like , being princes to whom his majesties good estate is no less dear , and all men that shall oppugne it , no less hatefull , than to the king himself . it is true sir , that his majestie hath sometimes answered , that his councel knew me better than he did ; meaning some two or three of them . and it was indeed my infelicitie ; for had his majestie known me , i had never been here where i now am : or had i known his majestie , they had never been so long there where they now are . his majestie not knowing of me hath been my ruin , and his majesties misknowing of them , hath been the ruin of a goodly part of his estate : but they are all of them now , some living and some dying , come to his majesties knowledge . but sir , how little soever his majestie knew me , and how much soever he believed them , yet have i been bound to his majestie both for my life , and all that remains , of which , but for his majestie , nor life , nor ought else had remained . in this respect sir , i am bound to yield up the same life , and all i have for his majesties service ; to die for the king , and not by the king , is all the ambition i have in the world . walter raleigh . sir walter raleighs's letter to his wife , from guiana . sweet heart , i can yet write unto you but with a weak hand , for i have suffered the most violent calenture for fifteen days , that ever man did , and lived : but god that gave me a strong heart in all my adversities , hath also now strengthened it in the hell-fire of heat . we have had two most grievous sicknesses in our ship , of which fourtie two have died , and there are yet many sick , but having recovered the land of guiana , this 12 of november , i hope we shall recover them . we are yet two hundred men , and the rest of our fleet are reasonable strong , strong enough i hope to perform what we have undertaken , if the diligent care at london , to make our strength known to the spanish king , by his ambassadour , have not taught the spanish king to fortifie all the enterances against us ; howsoever we must make the adventure , and if we perish , it shall be no honour for england , nor gain for his majestie to loose among many other an , hundred as valiant gentlemen as england hath in it . of captain baylies base coming from us at the canaries , see a letter of kemishes to mr skory , & of the unnatural weather , storms and rains , and winds . he hath in the same letter , given a touch of the way that hath ever been sailed in fourteen days , now hardly performed in fourtie days ; god i trust , will give us comfort in that which is to come . in passage to the canaries , i stayed at gomerah , where i took water in peace , because the countrey durst not denie it me ; i received there of an english race , a present of oranges , lemons , quinces , and pome-granates , without which i could not have lived ; those i preserved in fresh sands , and i have of them yet to my great refreshing . your son had never so good health , having no distemper in all the heat under the line . all my servants have escaped but crab and my cook , yet all have had the sickness . crofts and march , and the rest are all well . remember my service to my lord carew , and mr secretarie winwood . i write not to them , for i can write of nought but miseries : yet of men of sort , we have lost our serjeant major , captain pigott , and his lieuetenant , captain edward hastings , who would have died at home , for both his liver , spleen , and brains were rotten . my sons lieuetenant payton , and my cosin mr. hews , mr. mordant , mr. gardner , mr. haward , captain iennings the merchant , kemish of london , and the master chyrurgion , mr. refiner , mr. moor the governour of the barmoudas , our provost marsh . w. steed , lieuetenant vescie , but to mine inestimable grief , hamon and talbot . by the next i trust you shall hear better of us , in gods hands we were , and in him we trust . this bearer , captain alley , for his infirmitie of his head i have sent back , an honest valiant man , he can deliver you all that is past . cōmend me to my worthy friends at loathbury , sr. john leigh and mr. bower , whose nephew knevit is well , and to my cosin blundell , and my most devoted and humble service to her majestie . to tell you that i might be here king of the indians , were a vanitie , but my name hath still lived among them ; here they feed me with fresh meat , and all that the countrey yields , all offer to obey me . commend me to poo●carew my son . from galliana in guiana the 14 of november . sir walter raleigh's letter to sir ralph winwood . sir , as i have not hitherto given you any account of our proceedings and passages towards the indies , so have i no other subject to write of , than of the greatest misfortunes that ever befel any man : for whereas , for the first , all those that navigate between cape de verd & america , to pass between fifteen or twentie days at most , we found the wind so contrary , and which are also contrary to nature , so many storms and rains , as we spent six weeks in the passage , by reason whereof , and that in so great heat we wanted water : for at the isle prano of cape de verd , we lost our anchors and cables , and our water casks , being driven from the island with a hurlicano , and were like all to have perished . great sickness fell amongst us , and carried away great numbers of our ablest men both for sea and land . the 17 of november , we had sight of guiana , and soon after came to anchor in five degrees at the river galliano , here we staid till the fourth of december , landed our sick men , set up the barges and shallops , which were brought out of england in quarters , washed our ships , and took in fresh water , being fed and cherished by the indians of my old acquaintance , with a great deal of love & respect , my self being in the hands of death these 6 weeks , & was not able otherwise to move than as i was carried in a chair , gave order to 5 small ships , to sail into orinoque , having captain kemis for their conductor towards the mynes , and in those five ships five companies of 50 under the command of captain parker , and captain north , brethren to the lord mounteagle and the lord north , valiant gentlemen , and of infinite patience for the labour , hunger , and heat which they have endured , my son had the third company , captain thornix of kent the fourth company , captain chidley , by his lieutenant , the fifth : but as my sergeant major captain piggot of the low countreys died in the former miserable passage , so my lieuetenant sir warham s. leiger lay sick without hope of life , and the charge conferred on my nephew george raleigh , who had also served long with infinite commendations ; but by reason of my absence , and of sir warhams was not so well obeyed as the enterprize required . as they passed up the river , the spaniard began the war , and shot at us both with their ordinance & muskets , whereupon the companies were forced to charge them , and soon after beat them out of the town . in the assault , my son ( more desirous of honour than safetie ) was slain , with whom ( to say truth ) all the respects of this world have taken end in me . and although these five captains had as weak companies as ever followed valiant leaders , yet were there amongst them some twentie or thirtie valiant adventurous gentlemen , and of singular courage , as of my sons company , mr. knivet , mr. hammon , mr. langworth , mr. iohn pleasington ; his officers , sir iohn hamden , mr. symon leak corporal of the field , mr. hammon the elder brother , mr. nicholas of buckingham , mr. roberts of kent , mr. perin , mr. tresham , mr. mullinax , mr. winter and his brother , mr. wray , mr. miles herbart , mr. bradshaw , capt. hall , & others . sir , i have set down the names of these gentlemen , to the end , that if his majestie shall have cause to use their service , it may please you to take notice of them for very sufficient gentlemen . the other five ships staid at trinidado , having no other port capable for them near guiana . the second ship was commanded by my vice-admiral capt. iohn pennington , of whom ( to do him right ) he is one of the sufficientest gentlemen for the sea that england hath . the third by sir warham s. leiger , an exceeding valiant & worthy gentleman . the fourth by sr iohn fern . the fifth by captain chidley of devon . with these five ships i daily attended their armando of spain , which had they set upon us , our force divided , the one half in orinoque , an hundred and fiftie miles from us , we had not onely been torn in pieces , but all those in the river had also perished , being of no force at all for the sea-fight ; for we had resolved to have been burnt by their sides , had the armando arrived : but belike , they staid for us at margarita , by which they knew we must pass towards the indies : for it pleased his majestie to value us at so little , as to command me upon my alleageance , to set down under my hand the countrey , and the river by which i was to enter it , to set down the number of my men , and burthen of my ships , and what ordinance every ship carried , which being known to the spanish ambassador , and by him to the king of spain , a dispatch was made , and letters sent from madrid , before my departure out of the thames ; for his first letter sent by a barque of advise , was dated the 19 of march 1617. at madrid , which letter i have here inclosed sent to your honour , the rest i reserve , not knowing whether they may be intercepted or not . the second by the king , dated the second of may , sent also by a coronel of diego de polonieque , governour of guiana , elderedo , and trinidado . the third by the bishop of porericho , and delivered to polonieque the 15 of iuly , at trinidado . and the fourth was sent from the farmer and secretarie of his customs in the indies . at the same time , by that of the kings hand , sent by the bishop , there was also a commission for the speedie levying of three hundred souldiers , and ten pieces of ordinance to be sent from portricho , for the defence of guiana , an hundred and fiftie from nuevo remo de grando , under the command of captain anthony musica , and the other hundred and fiftie from portricho , to be conducted by c. franc. laudio . now sir , if all that have traded to the indies since his majesties time knew that the spaniards have flayed alive all the poor men which they have taken , being but merchant men , what death and cruel torment shall we expect if they conquer us ? certainly they have hitherto failed grosly , being set out thence as we were , both for number , time , and place . lastly , to make an apologie for not working the myne , ( although i know his majestie expects ) whom i am to satisfie so much , as my self , having lost my son , and my estate in the enterprise , yet it is true , that the spaniards took more care to defend the passage leading unto it , than they did the town , which by the kings instructions they might easily do , the countreys being aspera & nemosa . but it is true , that when capt. kemish found the river low , and that he could not approch the banks in most places near the myne by a mile , and where he found a discent , a volley of muskets came from the woods upon the boat , and slew two rowers , and hurt six others , and shot a valiant gentleman of captain thornix , of which wound he languisheth to this day . he , to wit , kemish , following his own advice , thought that it was in vain to discover the myne ; for he gave me this for an excuse at his return , that the companies of english in the town of s. thome were not able to defend it , against the daily and nightly assaults of the spaniards , that the passages to the mynes , were thick and unpassable woods , and that the myne being discovered , they had no men to work it , did not discover it at all : for it is true , the spaniards having two gold mynes near the town , the one possessed by pedro rodrigo de paran , the second by harmian frotinio , the third of silver , by captain francisco , for the want of negroes to work them : for as the indians cannot be constrained by a law of charls the fifth , so the spaniards will not , nor can endure the labour of those mynes , whatsoever the bragadochio , the spanish ambassador saith . i shall prove under the proprietors hand , by the custom-book , and the kings quinto , of which i recovered an ingot or two : i shall also make it appear to any prince or state that will undertake it , how easily those mynes , and five or six more of them may be possessed , and the most of them in those parts , which never have as yet been attempted by any , nor by any passage to them , nor ever discovered by the english , french , or dutch . but at kemish his return from orinoque , when i rejected his counsel and his course , and told him that he had undone me , and wounded my credit with the king past recoverie , he slew himself ; for i told him , that seeing my son was slain , i cared not if i had lost an hundred more in opening of the myne , so my credit had been saved : for i protest before god , had not capt. whitney ( to whom i gave more countenance than to all the captains of my fleet ) run from me at the granadoes , and carried another ship with him of captain wollestons . i would have left my body at s. thomes by my sons , or have brought with me out of that or other mynes , so much gold-oar , as should have satisfied the king . i propounded no vain thing ; what shall become of me i know not , i am unpardoned in england , and my poor estate consumed , and whether any prince will give me bread or no i know not . i desire your honour to hold me in your good opinion , to remember my service to my lord of arrundel and pembrook , to take some pitie on my pour wife , to whom i dare not write for renewing her sorrow for her son ; and beseech you to give a copie of this to my lord carew : for to a broken mind , a sick bodie , and weak eyes , it is a torment to write many letters . i have found many things of importance for discovering the state and weakness of the indies , which if i live , i shall hereafter impart unto your honour , to whom i shall remain a faithfull servant . walter raleigh . sir walter raleigh's letter sent to his wife , copied out of his own hand-writing . i was loath to write , because i know not how to comfort you , and god knows , i never knew what sorrow meant till now . all that i can say to you is , that you must obey the will and providence of god , and remember , that the queens majestie bare the loss of prince henry with a magnanimous heart , and the ladie harrington of her son . comfort your heart ( dearest bess ) i shall sorrow for us both , i shall sorrow the less , because i have not long to sorrow , because not long to live . i refer you to mr. secretarie winwoods letter , who will give you a copie of it , if you send for it , therein you shall know what hath passed ; i have written that letter , for my brains are broken , and it is a torment for me to write , and especially of misery . i have desired mr. secretarie to give my lord carew a copie of his letter . i have clensed my ship of sick men , and sent them home ; i hope god will send us somewhat before we return . you shall hear from me if , i live , from the new-found land , where i mean to make clean my ships and revictual ; for i have tobacco enough to pay for it . the lord bless and comfort you , that you may bear patiently the death of your valliant son . this 22. of march , from the isle of christophers , yours walter raleigh . post-script . i protest before the majestie of god , that as sir francis drake , and sir iohn hawkins died heart-broken when they failed of their enterprise , i could willingly do the like , did i not contend against sorrow for your sake , in hope to provide somewhat for you and to comfort and releive you . if i live to return , resolve your self that it is the care for you that hath strengthened my heart . it is true that kemish might have gone directly to the myne , & meant it , but after my sons death , he made them beleive he knew not the way , and excused himself upon want of water in the river , and counterfeiting many impediments left it unfound . when he came back , i told him he had undone me , and that my credit was lost for ever ; he answered . that when my son was lost , and that he left me so weak , that he resolved not to find me alive , he had no reason to enrich a companie of rascals , who after my sons death made no account of him . he further told me that the english sent up into guiana , could hardly defend the spanish town of s. thome which they had taken , and therefore for them to pass through thick woods it was impossible , and more impossible to have victual brought them into the mountains . and it is true , that the governour diego polenego , and other four captains being slain , whereof wats slew one , plessington , wats servant , and iohn of moroccoes , one of his men , slew other two . i say five of them slain in the enterance of the town , the rest went off in a whole bodie , and took more care to defend the passages to their mynes ( of which they had three within a league of the town , besides a myne that was about five miles off ) than they did of the town it self . yet kemish at the first was resolved to go to the myne ; but when he came to the banck side to land , and had two of his men slain outright from the bank , and six other hurt , and captain thornix shot in the head , of which wound , and the accident thereof , he hath pined away these twelve weeks . now when kemish came back and gave me the former reasons which moved him not to open the myne , the one the death of my son , a second the weakness of the english , and their impossibilities to work and to be victualled ; a third that it were a follie to discover it for the spaniards ; and lastly my weakness and being unpardoned ; and that i rejected all these his arguments , and told him , that i must leave him to himself to resolve it to the king and state , he shut up himself into his cabbin , and shot himself with a pocket pistol which broke one of his ribs , and finding that he had not prevailed , he thrust a long knife under his short ribs up to the handle and died . thus much i have written to m. secretarie , to whose letters i refer you to know the truth . i did after the sealing break open the letter again , to let you know in brief the state of that business . which i pray you impart to my lord of northumberland , and silvanus scory . for the rest , there was never poor man so exposed to slaughter as i was ; for being commanded upon mine alleageance to set down not onely the countrey but the very river by which i was to enter it , to name my ships number , men , and my artillerie . this now was sent by the spanish ambassador to his master the king of spain , the king wrote his letters to all parts of the indies , especially to the governour palamago of guiana , elderado , and trinidado , of which the first letter bore date 19 of march 1617 , at madrill , when i had not yet left the thames , which letter i have sent to mr secretarie . i have also other letters of the kings which i reserve , and one of the councels . the king also sent a commission to leavie three hundred souldiers out of his garrisons of unie regno de granado è portricho , with ten pieces of brass ordinance to entertain us ; he also prepared an army by sea to set upon us . it were too long to tell you how we were preserved , if i live i shall make it known ; my brains are broken , and i cannot write much , i live yet , and i told you why . witney for whom i sold all my plate my plymouth , and to whom i gave more credit and countenance than to all the captains of my fleet , ran from me at the granadoes , and wolleston with him , so as i have now but five ships , and out of those i have sent some into my fly-boat a rabble of idle rascals , which i know will not spare to wound me , but i care not . i am sure there is never a base slave in all the fleet hath taken the pain and care that i have done , that have slept so little , and travelled so much , my friends will not believe them , and for the rest i care not ; god in heaven bless you and strengthen your heart . yours walter raleigh . sir walter raleigh's letter to mr secretary winwood . sir , since the death of kemish , it is confessed by the serjeant major , and others of his inward friends , that he told them , that he could have brought them unto the myne within two hours march from the river side ; but because my son was slain , my self unpardoned , and not like to live , he had no reason to open the myne either for the spaniard or for the king ; they answered , that the king ( though i were not pardoned ) had granted my heart under the great seal . he replyed , that the grant to me was to no man , non ens in the law , and therefore of no force ; this discourse they had , which i knew not of till after his death : but when i was resolved to write unto your honour , he prayed me to joyn with him in excusing his not going to the myne , i answered him i would not do it ; but if my self could satisfie the king and state , that he had reason not to open it , i should be glad of it : but for my part , i must avow that he knew it , and that he might with loss have done it ; other excuses i would not frame : he told me that he would wait on me presently , and give me better satisfaction : but i was no sooner come from him into my cabbin , but i heard a pistol go over my head , and sending to know who shot it , word was brought me that kemish shot it out of his cabbin window to cleanse it ; his boy going into his cabbin , found him lying upon his bed with much bloud by him , and looking in his face saw him dead ; the pistol being but little , did but crack his rib , but turning him over found a long knife in his bodie , all but the handle . sir , i have sent into england with my cosin harbert ( a very valiant honest gentleman ) divers unworthy persons , good for nothing neither by sea nor land , and though it was at their own suit , yet i know they will wrong me in all that they can . i beseech your honour , that the scorn of men may not be believed of me , who have taken more pains , and suffered more than the meanest rascal in the ship ; these being gone , i shall be able to keep the sea until the end of august , with some four reasonable good ships . sir , wheresoever god shal permit me to arrive in any part of europe , i will not fail to let your honour know what we have done , till then , and ever i rest your honours servant w. raleigh . sir walter raleigh's letter to king james , at his return from guiana . may it please your most excellent majestie , if in my journey outward bound , i had my men murthered at the islands , and yet spared to take revenge , if i did discharge some spanish barks taken without spoil , if i forbare all parts of the spanish indies , wherein i might have taken twentie of their downs on the sea-coasts , and did onely follow the enterprize i undertook for guiana , where without any directions from me , a spanish village was burnt , which was new set up within three miles of the myne . by your majesties favour , i find no reason why the spanish ambassador should complain of me . if it were lawfull for the spaniards to murther twentie six english men , tying them back to back , and then cuting their throats , when they had traded with them a whole moneth , and came to them on the land without so much as one sword , and that it may not be lawfull for your majesties subjects , being charged first by them , to repell force by force , we may justly say , o miserable english ! if parker and metham took campeach and other places in the honduraes , seated in the heart of the spanish indies , burnt towns , and killed the spaniards , and had nothing said unto them at their return , and my self forbore to look into the indies ; because i would not offend , i may as justly say , o miserable sir walter raleigh ! if i have spent my poor estate , lost my son , suffered by sickness and otherwise a world of miseries ; if i have resisted with manifest hazard of my life , the robberies & spoils , with which my companions would have made me rich , if when i was poor , i would have made my self rich , if when i have gotten my libertie , which all men and nature it self do much prize , i voluntarily lost it , if when i was sure of my life , i rendered it again , if i might elsewhere have sold my ship and goods , and put five or six thousand pounds in my purss and yet brought her into england , i beseech your majestie to believe , that all this i have done , because it should not be said to your majestie , that your majestie had given libertie and trust to a man whose end was but the recoverie of his libertie , and who had betrayed your majesties trust . my mutiniers told me , that if i returned for england i should be undone , but i believed in your majesties goodness more than in all their arguments . sure , i am the first that being free and able to enrich my self , yet hath embraced povertie and peril . and as sure i am , that my example shall make me the last : but your majesties wisdom and goodness i have made my judges , who have ever been , and shall ever be , your majesties most humble vassal walter raleigh . sir walter raleighs's letter to his wife , after his condemnation . you shall receive ( my dear wife ) my last words in these my last lines ; my love i send you , that you may keep when i am dead , & my counsel , that you may remember it when i am no more . i would not with my will present you sorrows ( dear bess ) let them go to the grave with me , and be buried in the dust . and seeing that it is not the will of god that i shall see you any more , bear my destruction patiently , and with an heart like your self . first i send you all the thanks which my heart can conceive , or my words express , for your many travels and cares for me , which though they have not taken effect as you wished , yet my debt to you is not the less ; but pay it i never shall in this world . secondly , i beseech you , for the love you bare me living , that you do not hide your self many days , but by your travels seek to help the miserable fortunes , and the right of your poor child , your mourning cannot avail me that am but dust . thirdly , you shall understand , that my lands were conveyed ( bona side ) to my child , the writings were drawn at midsummer was twelve moneths , as divers can witness , and i trust my bloud will quench their malice who desired my slaughter ; that they will not seek also to kill you and yours with extream povertie . to what friend to direct you i know not , for all mine have left me in the true time of triall . most sorrie am i , that being thus surprised by death , i can leave you no better estate , god hath prevented all my determinations , that great god which worketh all in all , and if you can live free from want , care for no more , for the rest is but a vanitie ; love god , and begin betimes , in him you shall find true , everlasting , and endless comfort , when you have travelled and wearied your self with all sorts of worldly cogitations , you shall sit down by sorrow in the end . teach your son also to serve and fear god whilest he is young , that the fear of god may grow up in him ; then will god be an husband to you , and a father to him , an husband and a father , that can never be taken from you . baylie oweth me a thousand pounds , and aryan six hundred ; in jernesey also i have much owing me . ( dear wife ) i beseech you , for my souls sake , pay all poor men . when i am dead , no doubt you shall be much sought unto , for the world thinks i was very rich ; have a care to the fair pretences of men , for no greater miserie can be fall you in this life , than to become a prey unto the world , and after to be despised . i speak ( god knows ) not to disswade you from marriage , for it will be best for you , both in respect of god and the world . as for me , i am no more yours , nor you mine , death hath cut us asunder , & god hath divided me from the world , & you from me . remember your poor child for his fathers sake , who loved you in his happiest estate . i sued for my life , but ( god knows ) it was for you and yours that i desired it : for , know it , ( my dear wife ) your child is the child of a true man , who in his own respect despiseth death and his misshapen & ugly forms . i cannot write much , ( god knows ) how hardly i steal this time when all sleep , and it is also time for me to seperate my thoughts from the world . beg my dead bodie , which living was denied you , and either lay it in sherborn or in exeter church by my father and mother . i can say no more , time and death calleth me away . the everlasting god , powerfull , infinite , and inscrutable god almightie , who is goodness it self , the true light and life , keep you and yours , and have mercy upon me , and forgive my persecutors and false accusers , and send us to meet in his glorious kingdom . my dear wife farewel , bless my boy , pray for me , and let my true god hold you both in his arms . yours that was , but now not mine own walter raleigh . sir walter raleigh's letter to prince henry , touching the model of a ship . most excellent prince , if the ship your highness intends to build , be bigger than the victorie , then her beams , which are laid overthwart from side to side will not serve again , and many other of her timbers and other stuff , will not serve , whereas if she be a size less , the timber of the old ship will serve well to the building of a new . if she be bigger she will be of less use , go very deep to water , and of mightie charge , our channels decaying every year , less nimble , less mannyable , and seldom to be used grande navio , grande fatica , saith the spaniard . a ship of six hundred tuns , will carrie as good ordinance as a ship of twelve hundred tuns , and where the greater hath double her ordinance , the less will turn her broad side twice , before the great ship can wind once , and so no advantage in that over-plus of guns . the lesser will go over clear where the greater shall stick and perish ; the lesser will come and go , leave or take , and is yare , whereas the greater is flow , unmanyable , and ever full of encumber . in a well conditioned ship , these things are chiefly required . 1. that she be strong built . 2. swift it sail . 3. stout-sided . 4. that her ports be so laid , as that she may carry out her guns all weathers . 5. that she hull and trie well . 6. that she stay well , when boarding , or turning on a wind is required . to make her strong , consisteth in the care and truth of the work-man ; to make her swift , is to give her a large run , or way forward , and so aftward , done by art and just proportion , and that in laying out of her bowes before , and quarters behind , the ship-wright be sure , that she neither sink nor hang into the water , but lie clear and above it , wherein ship-wrights do often fail , and then is the speed in sailing utterly spoiled . that she be stout-sided , the same is provided by a long bearing floar , and by sharing off from above water to the lower edge of the ports , which done , then will she carry out her ordinance all weathers . to make her to hull and to trie well , which is called a good sea-ship , there are two things principally to be regarded the one that she have a good draught of water , the other that she be not overcharged : and this is seldom done in the kings ships , and therefore we are forced to lye , or trie in them with our main course and mizen , which with a deep keel and standing streak , she would perform . the extream length of a ship makes her unapt to stay , especially if she be floatie and want sharpness of way forward . and it is most true , that such over-long ships , are fitter for the narrow seas in summer , than for the ocean , or long voyages and therefore an hundred foot by the keel , and thirtie five foot broad is a good proportion for a great ship . it is to be noted , that all ships sharp before , not having a long floar , will fall rough into the sea from a billow , and take in water over head and ears ; and the same qualitie have all narrow-quartered ships to sink after the tail . the high cargeing of ships , is that that brings many ill qualities it makes them extream lee-ward , makes them sink deep into the seas , makes them labour sore in foul weather , and oft-times overset . safetie is more to be respected than shews , or niceness for ease ; in sea-journeys both cannot well stand together and therefore the most necessarie is to be chosen . two decks and an half is enough , and no building at all above that , but a low masters cabbin , our masters and mariners will say , that the ships will bear more well enough ; and true it is , if none but ordinarie mariners served in them . but men of better sort , unused to such a life , cannot so well endure the rowling and tumbling from side to side , where the seas are never so little grown , which comes by high cargeing . besides those high cabbin-works aloft , are very dangerous in fight , to tear men with their splinters . above all other things , have care that the great guns be four foot clear above water when all lading is in , or else these best pieces are idle at sea ; for if the ports lie lower , and be open , it is dangerous ; and by that default was a goodly ship , and many gallant gentlemen lost , in the days of henry the eigth , before the isle of wight , in a ship called by the name of mary-rose . sir walter releigh's pilgrimage . give me my scallop shell of quiet , my staff of faith to walk upon ; my scrip of joy immortal diet ; my bottle of salvation . my gown of glorie ( hopes true gage ) and thus i le take my pilgrimage . bloud must be my bodies onely balmer , no other balm will there be given whil'st my soul , like a quiet palmer , travelleth towards the land of heaven . over the silver mountains where springs the nectar fountains , there i will kiss the bowl of bliss , and drink mine everlasting fill upon every milken hill . my soul will be adrie before , but after , it will thirst no more . i le take them first , to quench my thirst . and tast of nectars suckets , at those clear wells where sweetness dwells , drawn up by saints in chrystal buckets . then by that happy blestfull day , more peacefull pilgrimes i shall see , that have cast off their rags of clay , and walk apparelled fresh like me . and when our bottles and all we are fill'd with immortalitie . then the blessed paths wee 'l travel , strow'd with rubies thick as gravel , sealings of diamonds , saphire flowers , high walls of coral , and pearly bowers . from thence to heavens bribeless hall , where no corrupted voices brawl , no conscience molten into gold , no forg'd accuser bought or sold , no cause deferr'd , no vain-spent journey , for there , christ is the kings attorney ; who pleads for all without degrees , and he hath angels , but no fees : and when the twelve grand-million jurie of our sins , will direfull jurie , 'gainst our souls black verdicts give , christ pleads his death , and then we live , be thou my speaker [ taintless pleader , unblotted lawyer , true proceeder . ] thou would'st salvation even for alms , not with a bribed lawyers palms . and this is mine eternal plea to him that made heaven , earth , and sea , that since my flesh must die so soon , and want a head to dine next noon , just at the stroak ? , when my veins start and spread , set on my soul an everlasting head . then am i readie , like a palmer , fit to tread those blest paths which before i writ , of death and iudgement , heaven and hell , who oft doth think , must needs die well , sir walter raleigh's verses ; found in his bible in the gate-house at westminster . even such is time , which takes in trust our youth , our joys , and all we have , and pays us nought but age and dust , when in the dark and silent grave : when we have wandred all our ways , shuts up the storie of our days : and from which grave , & earth , & dust , the lord shall raise me up i trust . sir w. raleigh , on the snuff of a candle the night before he died . cowards fear to die , but courage stout , rather than live in snuff , will be put out . sir walter raleigh's speech immediately before he was beheaded . upon simon and iudes day , the lieuetenant of the tower had a warrant to bring his prisoner to the kings-bench in westminster-hall , where the attorney general demanded execution , according to the judgement pronounced against him at winchester , the lord chief justice caused the indictment , verdict , and judgement to be read , and after asked him , what he could say , why he should not die according to the law ; his answer was , that this fifteen years he had lived by the meer mercy of the king , and did now wonder how his mercy was turned into justice , he not knowing any thing wherein he had provoked his majesties displeasure , and did hope , that he was clear from that judgement by the kings commission in making him general of the voyage to guiana , for ( as he conceived ) the words , to his trustie and welbeloved subject , &c. did in themselves imply a pardon . but master attorney told him , these words were not sufficient for that purpose . whereupon he desired the opinion of the court , to which the lord chief justice replied , it was no pardon in law . then began sir walter raleigh to make a long description of the events and ends of his voyage , but he was interrupted by the chief justice , who told him , that it was not for any offence committed there , but for his first fact that he was now called in question , and thereupon told him , that seeing he must prepare to die , he would not add affliction to affliction , nor aggravate his fault , knowing him to be a man full of miserie ; but with the good samaritane administer oyl and wine for the comfort of his distressed soul . you have been a general , & a great commander , imitate therefore that noble captain , who thrusting himself into the middest of a battel , cried aloud , mors me expectat , & ego mortem expectabo , as you should not contemn so to do , nor should you fear death , the one sheweth too much boldness , the other no less cowardize , so with some other few instructions the court arose , and sir walter was commited into the hands of the sheriff of middlesex , who presently conveyed him to the gate-house in westminster . upon thursday morning this couragious , although committed knight , was brought before the parliament-house , where there was a scaffold erected for his beheading , yet it was doubted over-night that he should be hanged , but it fell out otherwise . he had no sooner mounted the scaffold , but with a chearfull countenance , and undaunted look , he saluted the companie . his attire was a wrought night-cap , a ruff band , a hair-coloured sattin doublet , with a black wrought waste-coat under it , a pair of black cut taffety breeches , a pair of ash-coloured silk stockings , & a wrought black velvet night-gown ; putting off his hat , he directed his speech to the lords present , as followeth . my honourable lords , and the rest of my good friends that come to see me die , know , that i much rejoyce that it hath pleased god to bring me from darkness to light , and in freeing me from the tower , wherein i might have died in disgrace , by letting me live to come to this place , where though i lose my life , yet i shall clear some false accusations , unjustly laid to my charge , and leave behind me a testimonie of a true heart , both to my king and countrey . two things there are which have exceedingly possest and provoked his majesties indignation against me , viz. a confederacie , or combination with france , and disloyal and disobedient words of my prince . for the first , his majestie had some cause , though grounded upon a weak foundation , to suspect mine inclination to the french faction , for not long before my departure from england , the french agent took occasion , passing by my house , to visit me , had some conference , during the time of his abode , onely concerning my voyage , and nothing else , i take god to witness . another suspition is had of me , because i did labour to make an escape from plymouth to france ; i cannot denie , but that willingly , when i heard a rumour , that there was no hope of my life , upon my return to london , i would have escaped for the fafeguard of my life , and not for any ill intent or conspiracie against the state . the like reason of suspition arose , in that i perswaded sir lewis steukly , my guardian , to flee with me from london to france , but my answer to this is , as to the other , that onely for my safeguard , and nought else , was my intent , as i shall answer before the almightie . it is alleadged , that i feigned my self sick , and by art made my bodie full of blisters when i was at salisbury . true it is , i did so ; the reason was , because i hoped thereby to defer my coming before the king and councel , and so by delaying , might have gained time to have got my pardon . i have an example out of scripture for my warrant , that in case of necessitie , and for the safeguard of life , david feigned himself foolish and mad , yet was it not imputed to him for sin . concerning the second imputation laid to my charge , that i should speak scandalous and reprochfull words of my prince , there is no witness against me but onely one , and he a chimical french-man , whom i entertained , rather for his jests than his iudgement : this man to incroach himself into the favour of the lords , and gaping after some great reward , hath falsly accused me of seditious speeches against his majestie ; against whom , if i did either speak , or think a thought hurtfull or prejudicial , the lord blot me out of the book of life . it is not a time to flatter or fear princes , for i am a subject to none but death ; therefore have a charitable conceit of me . that i know to swear is an offence , to swear falsly at any time is a great sin , but to swear false before the presence of almightie god , before whom i am forthwith to appear , were an offence unpardonable ; therefore think me not now rashly , or untruly to confirm , or protest any thing . as for other objections , in that i was brought perforce into england , that i carried sixteen thousand pounds in money out of england with me , more than i made known ; that i should receive letters from the french king , and such like , with many protestations he utterly denied . finis . notes, typically marginal, from the original text notes for div a57589e-260 seeing touching . hearing . smelling . tasting . notes for div a57589e-1050 scituation for safety , and plenty . multitude of inhabitants . religion . academies . courts of justice . artificers . priledg the first 〈…〉 of rome to allure stranges , was sanctuarie . triumps . notes for div a57589e-2170 husbandmen . merchant . gentry notes for div a57589e-6810 two things sir w. raleigh accused of . a nevv discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy. evinced by their tyranicall persecution of that reverend, learned, pious, and worthy minister in jesus christ, mr. john udall, in the raigne of queene elizabeth. to give satisfaction to all those that blindely endeavour to uphold episcopall government, that their lordly rule in the purest times of the said queene, is the very same with that they have exercised ever since, even to these times. together with the prelates devises to make him submit, and to subscribe to submissions of their own contriving and invention. and also king james his letter out of scotland to the queene, in the behalfe of mr. vdall and all other persecuted ministers in her realme. udall, john, 1560?-1592. this text is an enriched version of the tcp digital transcription a95750 of text r212794 in the english short title catalog (thomason e87_6). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 168 kb of xml-encoded text transcribed from 27 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a95750 wing u14 thomason e87_6 estc r212794 99871364 99871364 123774 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a95750) transcribed from: (early english books online ; image set 123774) images scanned from microfilm: (thomason tracts ; 15:e87[6]) a nevv discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy. evinced by their tyranicall persecution of that reverend, learned, pious, and worthy minister in jesus christ, mr. john udall, in the raigne of queene elizabeth. to give satisfaction to all those that blindely endeavour to uphold episcopall government, that their lordly rule in the purest times of the said queene, is the very same with that they have exercised ever since, even to these times. together with the prelates devises to make him submit, and to subscribe to submissions of their own contriving and invention. and also king james his letter out of scotland to the queene, in the behalfe of mr. vdall and all other persecuted ministers in her realme. udall, john, 1560?-1592. james i, king of england, 1566-1625. [8], 44 p. printed for stephen bowtell, and are to be sold at his shop in popes-head-alley, london : 1643. annotation on thomason copy: "jan: 31 1642". reproduction of the original in the british library. eng church of england -government -early works to 1800. bishops -england -early works to 1800. a95750 r212794 (thomason e87_6). civilwar no a nevv discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy.: evinced by their tyranicall per udall, john 1643 29526 314 5 0 0 0 0 108 f the rate of 108 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-07 emma (leeson) huber sampled and proofread 2007-07 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a new discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy . evinced by their tyrannicall persecution of that reverend , learned , pious , and worthy minister of jesus christ , mr. john udall , in the raigne of queene elizabeth . to give satisfaction to all those that blindely endeavour to uphold episcopall government , that their lordly rule in the purest times of the said queene , is the very same with that they have exercised ever since , even to these times . together with the prelates devises to make him submit , and to subscribe to submissions of their own contriving and invention . and also king james his letter out of scotland to the queene , in the behalfe of mr. vdall and other persesecuted ministers in her realme . my sonne feare thou the lord and the king : and meddle not with them that are given to change . prov. 24. 21. london , printed for stephen bowtell , and are to be sold at his shop in popes-head-alley , 1643. an introduction by way of advertisement to the reader . in these prejudicate opinionated times it is difficult to give satisfaction , that the bishops illegall and unconscionable courses , have alwaies , without any variation , bin one and the same ; but if the impartiall reader will deigne to peruse this ensuing relation of mr. vdalls harsh usuage by ▪ them , he shall finde no mutation , neither in their councells nor actions : they were persecuters from all antiquity , of such as disclosed the dissonancy , betweene their authority , and the true rule of the word of god , as all ancient and neoterick histories record , both domestick and exoticke : and in this kingdome , they have not onely vented their fury against good men in the times of popery as in the raignes of king edward the third , richard the second ▪ and henry the fourth ; against iohn wicklisse , and such as they termed lollards , even untill the raignes of king edward the fixt , and queene elizabeth , but also in her time , when popery was relegated , and the protestant religion began to dispell the misty fog of errour and ignorance ; yet the reliques of darknesse could not endure the true light of perfect reformation ; which this worthy person mr. vdall , striving to introduce , was by the instigation of the prelates , hurried from his ministery at newcastle , in the depth of winter and in the bitterest weather that could be , brought to be examined by the lords of the queenes councell ; and because contrary to the laws of the land , he would not betray himselfe , he was by them committed to the gate-house , and there to be kept close prisoner , and not to be suffered to have pen , inke or paper , or any body to speake with him , his wife being also debarred his company , and his chamber-fellowes being professed papists , seminary priests and traytors : from thence he was conveyed to the white lyon in southwarke , and at the assises holden in croydon , 24 ●uly , 1590. was brought to the bar with fetters on his leggs , and there indited for malitiously publishing a scandalous and infamous libell against the queene , and no testimonies viv . ● voce produced to attest the same , but only depositions of men taken in the high commission court , ( which by the laws of the land was no court of record ) and reports upon heare-say urged against him , his witnesses not being permitted to testifie in his behalfe , because it was against the queene , ( which notwithstanding the laws allow , both in felony and in treason ) and the words of the stature 23 eliz. cap. 2. wrested by the judges , viz. baron clarke and serjeant puckering , that because the booke of demonstration of discipline , whereof he was supposed the author , and for which he was then indited , was against the bishops that exercised the government appointed them by the queene , therefore by consequent it was against her royall person ; and because that he strove against the prelates , who were put in authority by the queene , therefore he did strive against her , which was contrary to the maxime of law , that no penall or criminall statute which concerneth a mans life , ought to ●e extended beyond the power of naturall words of the same ( such an awing power have the bishops alwaies carried over the laws , judges and lawyers , as to over-rule them all , and to make them sing ●lacebo ) and then the said judges directed the jury to finde him the author of that booke , without legall proofe , and to leave the felony to them , which they said , was resolved by all the judges of the land , and the jury for feare complying with them , found him guilty of felony , being drawn thereunto by a promise , that it should be no further danger unto him but tend to his good ; for which afterwards , they were exceedingly grieved and troubled . then they kept him in durance for halfe a yeare uncondemned and at the assises in february after , holden in southwarke , used all the meanes and perswasions they could exc●gitate , to make him submit and relinquish his tenets against the bishops , which he refusing to yeeld unto , had the sentence of death pronounced against him by puckering , but they not daring to execute him , because his adertions were the constant doctrine of all the reformed churches in christendom , he was reprived by the queenes speciall command , then the court chaplaines repaired unto him , and tendered ready written submissions unto him , which he rejected ; and being perswaded by a friend of his to solicite sir walter ●awleigh to obtaine his pardon and freedom , he wrote unto him , and sent him also a confession of the severall points which he maintained ; in the interim came unto him dr. nowe●● deane of pauls , a man in those daies famous for his learning and pretended piety , who brought another submission unto him , whereunto he at the first refused to subscribe ; but after some advice and consideration he assented and attested it ; but afterwards perceiving that this was a trick of legerdemaine used by the deane , ( who had ingaged the word and faith of a christian ▪ to obtaine his remission and liberty ) which would be a meanes to hasten his end , he wrote to the deane modestly ▪ reprehending him for that prestigious device , desi●ing him to leave no stone unturned , that might further his liberty , or at least to cleare his own conscience from being any way accessary to his death . while these affaires were in agitation , james king of scotland wrote a letter to the queene , wherein he requested , that mr. vdall , mr. car●wright and other ministers of the gospell in her realme for their dissent from the bishops and others of her clergy , touching matters of conscience , might not be hardly dealt with , but that at his intercession they might be released from their restraints , and not further prosecuted for their professions of the gospell and their consciences , &c. hereupon mr. vdall , who was conveyed to the assises at kingston , and as was supposed , should have bin executed there , was immediately returned from thence by the judges unto the white lyon , in the evening before the first day thereof : and afterwards geting a copy of his inditement ▪ by the lord treasurers procurement , he framed a pardon upon the same and sent it to the privy councell ▪ who r●ferred him to the arch-bishop ; but his anger was still immortall , neither would he relent , or condiscend to his freedom , notwithstanding all his petitions nor all the entreaties of honourable persons , and others of good quality that mediated for him . at last the turky marchants sued to the arch-bishop , that hee might goe into guinea to teach their traffiquers in that place , who assented thereunto upon condition , that they would be bound he should goe as soone as he had his liberty , but when 2 of the ancients of that company desired to have the arch-bishops hand thereunto , he refused to subscribe , unlesse they would be bound not only for his present departure but that he should remaine there untill he had the queenes licence to returne againe into england &c. these premises being duly perpended , let any indifferent man give a solid reason , why such episcopall government should be restored ; for how they deported themselves in those pure times of queene elizabeth , ( as it is now termed ) by this relation is made apparent ; and in the time of king james there was no alteration , for it is well knowne that they persecuted mr. dighton and other good men for meere ceremonies , and silenced also many worthy ministers in his raigne ; yet it is observable that they seduced that learned king , after he once came amongst them ; and that is evident by the difference betweene his letter in this relation , and his conclusive sentence to maintaine the prelates authority , at the conference at hampton court , in the first yeare of his raigne . likewise in this king charles his time ▪ they have stopped the mouths of sedulous and faithfull preachers ; they have abolished lectures , mutilated , stigmatized , whipped and tortured sundry of the clergy and laity , as mr. burton dr. bastwicke , mr. prynne , dr. leighton and others , for disclosing their tyranny and abuses : and yet some sillie men are so farre enamoured of them that they had rather a destructive episcopacy should roughly sway in this kingdome , then that a preservative parliament should free both clergy and laity from such scorpions stings . and since experience in all ages evinceth , that wheresoever episcopacy is , there will be tyranny therefore all the truely reformed churches in europe have abolished the cause , that thereby the effect might also be utterly extinguished . to conclude , this pious and worthy person mr iohn vdall , ( as this ensuing relation testifieth ) stood firme and constant for the reforma●ion even to death , and would not be deterred from it , though strictly imprisoned , fettered , condemned , and bereft of all worldly comforts , which should prove a mirrour to all of that tribe , but especially to his own posterity , to instruct them not to deflect from so singular a patterne , and deviate into oblique and erroneous courses lest those objurgations of the prophet be justly applied to them , as namely hosea 7. 11. ephraim is also like a dove deceived , without heart : they call to egypt ; they goe to ashur , &c. the same is reiterated , hosea 12. 1. ephraim is fed with the winde , and followeth after the east winde , he increaseth daily lies and destruction , and they do make a covenant with ashur , and oyle is carried into egypt . and these places of scripture may one day heavily reflect upon mr. ephraim vdall his sonne unworthy of such a father , who hath forgotten to follow his fathers steps , but runeth a retrograde course from them , in erecting a new raile at his own charge about the communion table in his church , since the former was removed by the order of parliament ; and delivering the elements to none but those that come up to his rayle ; and denied to subscribe for moneys for the defence of the king and parliament ; refusing to read the orders that come from the parliament or lord major of london , but none was so forward as lie in permiting the booke of sports on the lords day and the prayer against the scots to be read in his church , and as it seemeth , he loveth the parliament so litle that hee never prayeth for good successe to their army , but on the contrary he prayeth , that the hand of vengeance may strike such as take up armes against the king : and no one can judge , but that the intent of such expressions are onely the calling for vengeance on the heads of those , who endeavor to defend religion , laws and liberties , against those trayterous and wicked counsellours which have too much entercourse with his majesty . and by report , his house is a receptacle for disaffected ministers that frequently resort thither , and as it may be conjectured by the persons , little good is hatched amongst them ; and he is growne into such estimation with birds of that feather , that doctors , proctors and such malecontents against the parliament are his constant auditors . the apostles councell is good and salubrious , study to be quiet and do your own businesse , 1 thess 4. 11. which if all perverse spirits would have practised ▪ these miserable distracters would never have ingulphed us in this unnaturall war . farewell the particular examinations , arraignement and condemnation , of iohn vdall , minister of the word of god , together with such things as passed betweene him and others by occasion thereof . seeing you desire to understand the particular things that have passed betwixt mee and them in authority , that have from time to time molested mee ; i am willing to satisfie you at this time , in that which concerneth this my last and greatest trouble , that ever befell me ; for that it brought me to prison , referring you to get the former of ▪ &c. by such meanes as you may , and to learne the particulars of my arraignement of those that heard it , seeing it was at the publike assises , in the presence of many hundreds , divers whereof i thinke were both able and willing to t●ke note thereof . after that i was silenced at kingston ( in manner as appeareth in the papers that contain a particular remembrance of the same ) i rested about hal a yeer preparing my selfe to a private life for that i saw so little hope of returne into my ministery , or any rest in it , to the good of the church . but god would not have it so : for meanes were made by some , that feared god in newcastle upon tyne to the earle of huntington to send me thither who did so and i was received thither in such sort as contented mee , and joyned in the ministery of the word there with two godly men , mr. houldesworth the pastor , and mr. bamford a teacher , through whose joynt l●bours god vouchsafed so to draw the people to the love of the word , ( no●withstanding that the plague was grievous in the towne all the while i was there , and consumed above 2000 of the inhabitan●s ) as we had hope in time to see much fruit and receive great comfort of our labours . but the enemy so envyed the same that after a yeares abode there , i was fetched thence by letters from the lord hunsdon lord chamberlaine in the name of the whole councell . whereupon i came thence , december●9 1589. in the forest weather that could bee , yet through gods mercy i and christopher applebie ( whom the major appointed to conduct me ) came safe to london , ianuary 9 ▪ and upon the 13. being tuesday i appeared at my lo. cobhams house in the blackfryers , before my l. cobham , my lo. buckhurst , my l. anderson , the bish. of rochester , mr. fort●scue , mr. egerton , the queens solicitor , doctor aubery ▪ doct. lewen . then was i called in before them , whereupon my lord anderson said unto me . anderson . how long have you bin a●newcastle ? vdall . about a yeere if it please your lordship . anderson . why went you from kingston upon thames ? vdall because i was silenced there , and was called to newcastle . rochester . what calling had you thither ? vdall . the people made meanes to my lord of huntingdon , who sent mee thither . roch. had you the allowance of the bishop of that diocesse ? vdall . there was none at that time . roch. then you should have gone to the archbishop . vdall . there was no archbishop at yorke neither . anders . you are called hither to answer concerning certaine books which are thoug●t to be of your making . vda . if it be for any of martins bookes ( according as my lord chamberlaines letters that fetched me import ) i have already answered , and am ready so to doe againe . ander . where have you answered , and in what manner ? vda . at lambeth a yeere and a halfe agoe , i cleared my selfe not to bee the author , nor to know who he was . ander . is this true mr. beadle ? beadle . i have heard that their was such a thing , but i was not there at it , if it please your lordship . aubery , lewen there was such a thing , as my lords grace told us . vda . i am the hardlier dealt withall to bee fetched up so farre at this time of the yeere . i have had a journey i would not wish unto my enemy . roch. you may thanke your owne dealing in matters that you should not have medled withall . ander . it is more then i heard that ever you were called to answer , but you are to answer concerning other bookes . vda . i hope your lordships will not urge mee to any others , seeing i was sent for about those . ander . you must answer to others also : what say you to those bookes , a demonstration or a dialogue . &c. did you not make them ? vda . i cannot answer thereunto . ander . why would you cleere your selfe of martin , and not of these , but that you are guilty herein ? vda . not so my lord , i have reason to answer in the one , but not in the other . ander . i pray you let us heare what reason , for i cannot conceive of it , seeing they are all written concerning one matter . v. this is the matter my lo , i hold the matter propos'd in them al to be one but i would not be thought to handle it in that manner , which the former bookes doe , and because i thinke otherwise of the latter , i care not though they should be fathered upon mee . buckhu . but i pray you tell me know you not penry ? vda . yes my lord that i doe . buckhu . and doe you not know him to be martin . vda . no surely , neither doe i thinke him to be martin . buck . what is your reason ? vda . this my lord , when first it came out he ( understanding that some gave out that he was thought to bee the author , wrote a letter to a friend in london , wherein he did deny it , with such tearmes as declare him to bee ignorant and cleere in it . buck . where is that letter ? vda . indeed i cannot now shew you , for i have forgotten unto whom it was written . buck . you will not tell where it is . vda . why my lord it tendeth to the clearing of one and the accusing of none . buck . can you tell where penry is ? vda . no surely my lord . buck . when did you see him ? vda . about a quarter of a yeere ago . buck . where ●id you see him ? vda . he called at my doore and saluted mee . buck . nay he remained belike with you ? vda . no indeed he neither came in my house , neither did hee so much as drinke with mee . buck . how came you acquainted with him . vda . i thinke at cambridge , but i have beene often in his company buck . where . vda . at divers places , and namely in mine owne house whilest i dwelt at kingston . buck . what cause had you to be so often in his company ? vda . he being a scholler & student in divinity , and one whom i alwaies thought to be an honest man your lordship may easily conceive he cause . here was much to this same effect spoken about mr. penry and my being at mrs. cranes house at moulsley and with her , &c. which i alwaies answered , as in the like case concerning m. horton of richmond before the archbishop . then doctor lewen reading my answers to those questions , that had beene by the archbishop propounded unto me concerning my papers in my study , and namely the notes of my severall conferences , with the bishops and their officer ▪ i was asked as i remember by mr. fortescue . fortescue . why did you pen such things and keepe them . roch. because he and such like might apisbly imitate the mart●rs of former times , and accompt themselves persecuted by us as those were by the popish bishops . vda . the cause is this , for that in the quicknesse of wit and readinesse of memory in youth those things may be spoken , that in age will be more easily made use of in writing then otherwise , the memory of man not being infinite . ander . what say you did you make these bookes , or know you who made them ? vda . i cannot answer to that question , my lord . ander . you had as good say you were the author . vda . that will not follow ; but if you thinke so , i cannot do withall . cobha . mr. vdall if you be not the author say so , and if you be confesse it , you may find favour . vdall . my lord i thinke the author for any thing i know did well and i know that he is enquired after to be punished & therefore i think it my duty to hinder the finding of him out , which i cannot do better then thuss ander . and why so i pray you ? vda . because if every one that is suspected do deny it , the author at the length must needs be found out . ander . why dare you not confesse it if you be the author of it ? dare you not stand to your owne doings ? vda . i professed before that i lik'd of the bookes and the matter handled in them , but whether i made them or no i will not answer , neither of any other book of that argument , whatsoever goeth without name if you should aske me for the reason alleadged before , besides that if i were the author i thinke that by law i need not answer . ander . that is true if it concerned the losse of your life . vda . i pray your lordship , doth not the law say generally no man shall be put to answer without pres●ntment before iustices or things of record , or by due processe or writ originall , &c. a●no 42. edw. 3. cap ▪ 5. ander . that is law and it is on t law . vda . i understand you not my lord , it is a statute which is in force if it be not repealed . ander . i tell you by law you ought to answer in this case ▪ vda . good my lord shew me this favour to tell me in what booke of the law i shall find it , for i professe to understand , the latine , french , and english tongues , wherein all the lawes be written . fortescue . you are very cunning in the law , i pray you by what law did you preach at new●astle being f●rbidden at kingston . vd. i know no law against it , seeing it was the official doctor hone , who did silence me , whose authority reacheth , not out of his arch-deaconry . fortescue . what was the cause for which you were silenced ? vda . surely i cannot tell nor yet imagine saving the secret suggestions of mr ▪ harvie fortescue . to bee ignorant of that , is crassa et supina ignorantia . vda . no sir the action was crassa et supina injurta . and. well what say ●●u to those books , who made them and where were they printed . vda . though i could tell your lordship , yet dare i not for the reasons before alleadged . roch. i pray you let me aske you a question or two concerning your booke . vda . it is not yet proved to bee mine , but i will answer to any thing concerning the matter of the booke so farre as i know . roch. you call it a demonstration , i pray you what is a demonstration ? i beleeve you know not what it is . vda . if you had asked me that question when i was a boy in cambridge of a yeers standing it had been● a note of ignorance in mee , to have beene unable to answer you . roch. surely it seemeth by the frame of the syllogismes and reasons , in it , that you know it not if you be the author of that booke , i read none of it late , but in the parliament time sitting in a morning in the house i read some of it , and it seemed to mee in many things , not to conclude probably much lesse demonstratively . vda . i will shew you as i take it why the author called it a demonstration , because the reason which is usually brought to prove the conclusions is commonly drawne from a place of scripture , which hath more force in it to manifest the conclusion {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} then any of aristotles proofes drawne as they say , ex primis , veris , necessarijs et immediatis causis . roch. indeed that which is proved by the scrip●ures is proved most demonstratively , but the proofes in that booke are far from any such . vda . let that be the question and try it in some one . ander . my lord of rochester , i pray you let us make short worke with him , offer him a booke ; will you sweare to answer to such things as shall be demanded of you in the behalfe of our soveraigne lady the queene ? vda . i will take an oath of allegiance to her majesty , wherein i will acknowledge her supremacy according to statute , and promise my obedience as becometh a subject , but to sweare to accuse my selfe or others , i thinke you have no law for it . ander . mr. soliciter , i pray you tell him the law in this point . then mr. solliciter ( who had sitten all the while very soberly , noteing what passed ( and if a mans mind may be knowne by his countenance seemed to mislike the course holden against me , upon my lord andersons commandement ) stood up , and puting off his hat unto me said : eger . mr. vdall , i am sorry that you will not answer nor take an oath , which by law you ought to doe : i can assure you , your answers are like the seminary priests answers , for they say , there is no law to compell them to take an oath to accuse themselves . vda . sir , if it be a liberty by law , there is no reason why they should not challenge it , for ( though they be very bad ones ) they are subjects ▪ and untill they be condemned by law , may require all the benefits of subjects , neither is that any reason , that their answering so , should make the claime of lesse value for me , seeing that herein we are subjects alike , though otherwise of a most contrary disposition . buck . my lord , it is no standing with him thus , what sayest thou , wilt thou take the oath ? vda . my lord , i have said as much thereunto as i can . then they commanded me to goe forth , and they consulted a little space and called me againe , at which time almost every one of them , used many words to perswade me to a confesse a truth , saying the queene was mercifull , and that otherwise it would goe hardly with me : to whom i said , my lords , i know not that i have offended her majesty , when it is proved that i have i hope her mercy will not then be too late , howsoever it bee i dare not take this oath . awbery lewen . you have heretofore taken it , and why will you not take it now ? vda . indeed you call to remembrance a good reason to refuse it , i was called to answer to certaine articles upon mine oath heretofore , which i voluntarily did , and freely confessed that against my selfe , concerning my iudgement and preaching of the points of discipline , which could never have bin proved ; and when my friends labored to have me restored to my place ; the arch-bishop answered , that there was sufficient matter against me , by mine own confession , why i should not be restored ; whereupon i covenanted with mine own heart , never to be mine own tormentor in that sort againe . and. whatsoever be the issue of it , you must do your duty and deale plainely with the magistrate . vda . i take my duty to be in this case , not to answer , nor the magistrats to require it of me , seeing the apostle saith , receive not an accusation against an elder ▪ under two or three witnesses , which semanca the spanish inquisitor alleadgeth to the same purpose . buck . what , you are an elder are you ? vda . my lord , howsoever the word elder be taken , whether so largely as i and any brethren that desire the discipline do take it , or only for a minister of the word , as our adversaries understand it , i am an elder . roch. it is true my lord , that an elder in that place containeth all such as he is , but none else . buck . yea but they would have other elders to governe the church , which desire of theirs , when it cometh to passe , i will give over my barony , and become an elder . vda . if your lorship understood what great paines and small worldly recompence belongeth to that office , you would never say so . roch. the day is past , and we must make an end , will you take the oath ? vda . i dare not take it . roch. then you must goe to prison , and it will goe hard with you ▪ for you must remaine there untill you be glad to take it . vda . gods will be done , i had rather goe to prison with a good conscience ▪ then to be at liberty with an ill one . roch. your sentence f●r this time is to goe to the gate-house close prisoner , and you are beholding to my lords here , that they have heard you so long . vda . i acknowledge it , and do humbly thanke their honours for it . and when they were all gon , my lord cobham stayed me to speake to me , who told me that it might be , he and others wished things to be amended as ▪ well as i , but the time served not , and therefore he wished me not to stand in it , and i praying his lordships good favour , he promised to do for me what he could , for which i humbly thanked him , and so was carried to the gate-house by a messenger , who delivered me with a warrant to be kept close prisoner , and not be suffered to have pen inke or paper ▪ or any body to speak with me . thus i remained there halfe a yeare , in all which time my wife could not get leave to come unto me , saying only that in the heareing of the keeper she might speake to me , and i to her , of such things as he should thinke meet , notwithstanding that she made suit to the commissioners , yea unto the body of the councell , for some more liberty : all which time my chamber fellowes were seminary priests , traytors and professed papists . at the end of halfe a yeare , i was removed to the vvhite-lyon in southwarke , and so carried to the assises at croydon , where what was done , i will not mention , seeing there were present such as were both able , and i th●nk willing to set down , unto whose report i refer those that would know the same . a collection of such things as were truely gathered concerning the arraignement of mr. john udall , at the assises at croydon the 24. and 25. of iuly , 1590. noted faithfully by such as were beholders of the same . master iohn vdall , minister of the word of god at newcastle in the north , being suspected to be the author of a booke , called a demonstration of discipline , was sent for to come to london , who at his comming was committed close prisoner at the gate-house at westminster , from whence ( after he had b●n kept close there the space of six moneths and above ) he was in like manner committed to the prison of the white lyon in southwarck , and from thence the 22. of iuly , was carried to the assises held at croydon in the county of surrey , where were appointed for that assises to be judges , baron clarke and serjeant puckering , who according to the custome , gave the charge of the assises : wherein baron clarke shewed the intent of their comming thither , which he referred to 3 heads , viz. the safety of the church , the good of the common wealth , and the preservation and honour of her most excellent majesty : and then speaking of these in particular , he shewed the great use and necessity of laws , and giving our laws their due commendation , hee preferred them before all other laws of any other nation in the world , and further declared how neere they were for outward government , to the laws of god ▪ wherein he noted some particulars of them ; shewing that as the laws of god did condemne blasphemers ▪ idolaters , prophaners of the sabath rebellious and disobedient against superiours . murtherers adulterers , thieves , raylers , and false witnesses : for most of these or all of them , hee shewed particular statutes of our land that condemned them , and shewed the punishments of them . then he shewed , that as the law of god would not have any to be condemned , but their cause must first be heard , and that not in corners , but in the gates and publique places , that all might heare and see with what equity they were dealt withall : so also our laws condemned none but in publique places , and those that were accused had free liberty to say what they could for themselves ; and as the law of god condemned none , but in publique places , and when there were witnesses to prove the guiltinesse of the offenders ; so also our law condemneth none but plaine evidences and true witnesses must be produced against them . many other things he spake of , which is too long to rehearse , but this is the sum of it : after the charge given , the prisoners were brought forth , amongst whom mr. vdal● came , having fetters on his leggs , which moved many greatly to lament to see a minister of the gospell , brought the foremost as principall of so many malefactors : then were the prisoners called by name ▪ and answered severally to their names , who were no further dealt withall for that time , by reason of many other things that the judges were busied withall : the next day in the morning , the iudges being set , and the prisoners standing at the bar , one iohn pepper a felon and a robber by the high way , was called forth to answer to his inditement , and according to the order he held up his hand at the bar and pleaded for himselfe , that he was not guilty ; and being demanded by whom he would be tried , he referred himselfe to be tried by god and and the country : after whom there were five or six others called , and were tried as the first was . then was mr. vdall called and commanded to hold up his hand at the bar , who held up his hand accordingly . then was his inditement read , being thus : iohn vdall , late of london clerke , thou art indited &c. the forme of which inditement was as against murtherers , namely , that he not having the feare of god before his eyes but being stirred up by the instigation and motion of the devill , did maliciously publish a slanderous and infamous libell against the queenes majesty , her crown and dignity : and being asked wheteher he were guilty or not guilty ? he answered thus : vda . my lords ▪ may it please you to heare me a word or two . iud. cla. answer first to the iuditement and then you shall be heard . vda , my lords i beseech you heare me first a word or twaine . iud. say on . vda . my case is rare , and such as hath not bin heard of heretofore , and consisteth upon divers points of law , i humbly crave of your lordships to grant me to answere by councell if it may be . iud. cl. you cannot have it , and therefore answer to your inditement . vda . then i answer ( my lrods ) that i am not guilty . iud. cl. how wil● thou he tried ? vda ▪ i do desire to be tried by an inquest of learned men , but seeing i shall not i am contented to be tried by the ordinary course as these men before me are , that is ( as you use to say ) by god and the country . then the clerke of the assises said to the parties a raigned ( after he had read the names of the iury before them ) these men whose names you have heard , are to goe upon your lives and your deaths , loooke upon them when they are called to be sworne ▪ and if you know any cause , take exception against them . then the rest of the felons haveing nothing to say , mr. vdall said my lords , i am ignorant of the law in this point , i pray you therefore shew me the manner of challenging the jury , how many i may challenge , and whether i may render a reason of the same . iu. i think you will know a cause in your conscience ; before you challenge any of them . vd. then i pray you my l. how many am i by law permitted to challenge ? iud. nay i am not to t●ll you that , i sit to judge , and not to give you counsell . then mr. vdal keeping silence , proclamation was made according to the manner that if any man could give in evidence against iohn vdall , prisoner at the bar ▪ that they should come into the court and be heard . then mr. daulton stood up . and in the meane while mr. vdall said to the iudges thus : my lords ▪ i beseech you answer me to one question before mr. daulton begin to speake : jud. sa● on . vda . is it permitted me by law to answer to those things in particular which are brought to prove this indictment ? jud. it is permitted . vda . then i humbly crave of your lordships to grant me two petitions , which i thinke will greatly further both him in speaking , me in answering and also be a more ready helpe to the memory of the jury , that they may be able to beare the matter away . jud ▪ what are your petitions ? vda . the first is , that when mr. daulton hath spoken to one point what he can ▪ i may answer to that before he proceed any further lest my memory being overwhelmed with multitude of matter , i should forget to answere to some points of importance and the jury made the l●sse able to discerne of the particulars . the second is , that it might please you to grant me to answer without interruption . jud. you shall have them b●th granted . dau. then mr. daulton said , mr. udall you have these petitions grandte you , i desire the same of you . and then he desiring leave of the judges , before he should prove the indictment , to say something touching this , that this man and such as he is do maintaine , &c. after leave given him ▪ hee used a very long speech to the great disgrace and slander of the cause , and those men that professed the same especially of mr. udall , and making mention in the same his speech ▪ of five severall bookes of common prayer , made by such as desire reformation , he affirmed , that in one of the said bookes there was horrible blasphemy in these words of the consecration of the lords supper , take eate this is my body , drink this is my blood . then he cryed out saving , oh horrible ●lasphemy , and taking occasion upon the variety of these bookes , he affirmed that there was no constancy in these men ; and whereas one of the bookes doth allow , that over every congregation there should be a faithfull pastor , that is quoth hee , a shepheard , whereby they may take the government out of her majesties hand , and so bring her majesty to be one of their sheepe ; no quoth hee , her majesty is no sheepe under any shepheard in the wo●ld ▪ except christ : and for the government that these men do seeke for , i am assured there is none such to be found in the word of god . vda . mr. daulton hath used a very large speech , which doth nothing concerne to prove the indictment or me in particular , and therefore seeing i am not called hither to dispute ( and if i would i should not be permitted ) i will not answer it , onely thus much will i say , ( if it please your lordships ) that seeing mr. daulton is by profession a lawyer , and the cause is yet in question amongst the learned divines ▪ methinks it had bin more modesty for mr. daulton to have suspend●d ●●s judgement un ill the controversie had bin determined amongst them ▪ to whose profession it belongeth ▪ especially seeing mr. daulton knoweth in his conscience , that he hath heretofore carried some shew of ●●keing to the cause which now he speaketh against . jud. sirra , sirra , answer to the matter that mr. daulton hath against you , mr. daulton proceed to the proofe of the points of the indictment . daul . my masters , you of the jury , &c. i will prove , first that he had a malicious intent in making of this booke : secondly , that he is the author of it : and thirdly , that these matters contained in the indictment are felony by the statute eliz. 23. cap. 2. then was mr. beadle the register called ▪ who was sworne that these examinations following ▪ were as the parties themselves confessed the same : and to prove the first , the clarke of the assises caused stephen chatfield to be called into the court , to give in evidence against iohn vdall , but he appeared not at all , for which the judges were offended and sergeant puckering said , there was a warrant sen● for him , whereupon some standing by affirmed ▪ that the warrant came after his departure from home . then mr. daulton said , that he went out of the way of purpose , and iudge clarke said , mr. vdall you are glad of that . mr. vdall answered : vda . my lords , i wish heartily he had bin here for as i am sure he never could say any thing against me to prove this point , so i have heard and am able to prove it to be true that he is very sorry that ever he made any complaint against me ▪ confessing he did it in his anger , when martin came first out ; and by their suggestions , whom he hath proved since by experience to be very bad men . dault. it is no great matter whether he be here or no ▪ for we have his articles , against you , and your own confession to prove this point sufficiently . then were mr. chatfields articles ( that he brought to the arch-bishop against mr. vdall ) read by the clarke ▪ containing a report of certaine written papers , tending as he supposed , to the making of such a booke as this is , and thereupon asked mr. vdall whose writing they were , who answered , they are a friends of mine , whereunto chatfield replied , wishing him to take heed of them , and to rid his hands of them , and to returne them to his friend from whom he had them , for he doubted they concerned the state . these papers he saw in mr. vdall ▪ study at kingston . also he further saith , that at an other time , he having conferred with mr. udall in a certaine field by kingston , called little ▪ field , about his putting to silence , he saith , that the said mr. vdall uttered these words , that if they put him to silence , he would give the bishops such a blow as they never had . vda . may it please your lordships that i may answer to these things in particular . jud. say on let us heare your answer . vda . i was accused this time two yeares upon the words of chatfield , that these papers that he did see in my studie , should be the matter of martyn mar-prelate , and because i cleared my selfe of that , it is now brought to prove an other matter , but it proveth nothing unlesse it were set downe in particular what they were . daul . it proveth this , that you had a purpose to write this booke , and those things were collections from your friends and preparations thereunto . vda . let the iury consider how that point is proved by it . besides it may be proved , that this boke was extant in mens hands before the conference betweene chatfield and me , therefore how can it be proved that this is the booke that should give them such a blow . dault. but you cannot deny the second point , that you had a pretenced malice , for it is extant in your own confession ; read his answer to those articles of mr. chatfield . then the clarke read his answer to this effect , tha● if the bishops put him to silence , they would give him occasion and leasure to be imployed in writing against them . then said mr. daulton , is not this most evident , what can be plainer then it is ? vda ▪ i pray your lordships to give me leave to explaine these things . iud. say on and be briefe . vda . mr. chatfield told me that he was commanded to come to kingst●n and be resident there ; of purpose that i might be put to silence , and that there might not appeare any want of a preacher ▪ i being put downe . whereupon i said in effect , as is above rehearsed : but i pray you heare in what sence these words were uttered . iud. the matter is cleare , and we see what you can say to it well enough , proceed mr. daulton to the proofe of the second point . dault. and that you be the author of this slanderous and infamous libell , it shall be proved cleerely to the iury before your face ; then said he to the clerke read the answer of ni●holas thompkins , which was made upon his oath before her majesties high commissioners then was read to this effect that thompkins knew that mr. udall was the author of that booke called the demonstration , for he said , that mr. udall himselfe told him so . also that he saw either in mr. udalls house , or in some other place in kingst●ne a catalogue of all the bookes that mr. udall had made , amongst which the demonstration was one . daul . you see here that this is cleare and a sufficient testimony . vda . it carryeth some shew , but it is nothing . iud. doe you c●ll the testimony of one being an honest man , and upon his oath , before the high commissioners to be nothing , can you answer it ? vda . my lords ▪ i answer it thus , denying it to be his testimony , for if it be , why is he not present to verifie it face to f●ce , according to the law ? iud. puck : it is verified to be his true answer under the hon●s of dr. auberie and dr. lewen , the latter wher●of c●nfirmed it before me upon his corporall oath . dault. you can take no exceptions against that , and will you say he is not an honest man ? vda . i am perswaded he was amazed , and answered he knew not what , for hee hath reported it so diversely , that it seemeth ●ee remembreth not what hee said . iud. but the oath of thompkins is to be preferred before his bare rep●●t . ude . my lords i answer , i protest unto you ( and will verifie it upon my oath ▪ if it please you ) that he told me the day before i was committed , at his masters house , that he could not say , neither would he for a tho●sand pounds affirme any more then this t●a● he heard me say , i would not doubt but set my name to that booke if i might have indifferent iudges . and further ( if it please you my lords ) here are some witnesses that upon their oaths will testifie , how diversly he hath reported of his confession to this thing , if it please your lordships to accept them . and the witnesses offering themselves to be heard , were answered ; that because their witnesse was against the queenes majesty , they could not be heard . and after other speeches passing , mr. udall said : uda . my lords , the speech of the catalogue is most vaine , and hath no sence in it , for can i have made so many bookes , as that i need make a catalogue of t●em ? it may be my lords , he saw a catalogue of the bookes in my study , wherin if that were one , it is ●ather an argume●t that i made it not , for men use not to put their own works in the catalogue of those that they have in their study . daul , you of the iury consider this , that thompkins was mrs. cranes man , and one that was privy to all the printing that was at her house , and m● , udall used to go often thither . uda . all that is nothing to me , what if i used to goe thither , she is of my acquaintance i know her to be an honest gentle woman , what can you gather by any of these things ? why is not thompkins here to d●clare his testimony , and to say what he can ? daul . he is beyond the seas about merchandises , sent away by mr. gore who married mrs. cranes daughter . vda . how doth that appeare he is no merchant but a serving-man , and if he were what is that to me , but it cannot be proved that mr. gore did send him so that here is nothing but bare papers to shew for evidence against me . then there was much said to prove that the testimony of a man absent was sufficient if it were proved to be his upon the oathes of others . and then the judge said . iudg. vvhat say you ? did you make the booke ( vdall ) yea or no , what say you to it , w●ll you be sworne ? will you take your oath that you made it not ? wee will offer you that favour , whi●h never any indited of felony had before , take your oath and sweare you did it not and it shall suffice . vda . my lords i pray you heare me to this , if i would have done so before the lords of her majesties privie counsell that committed mee , i had not come hither , but i neither then might nor may do so now ; whereof i pray you let me shew a reason to the iury . i and many more doe think the booke to be good ▪ for any thing wee can find in it , and to be written in defence of a cause which we take to be most true . now the author is sought for that he may be punished for some speeches that may be wrested in the booke ▪ therefore least he should be found ( if one after another that are suspected doe deny it ) it is thought best every one neither to confesse nor to deny , yea though we suffer some punishment rather then the author being found out should suffer extremity . iudg. nay this is but a shift , i will goe further with you , will you but say upon your honestie that you made it not ? and you shall see what shall be said unto you ? vda . my lords it is all one i make a conscience of my word as of my oath , for i must give accompt for both . this is no direct course in this place . iudg. you of the iury consider this ▪ this argueth that if he were not guilty he would cleare hims●lfe , and consider well of it ▪ and then speaking to mr. vdall , hee said doe not stand in it but confesse it and submit your selfe to the queens mercy before the iury find you guilty . vda . my lord i answer that according to my inditement i am not guilty , every point whereof must be proved or else the whole is false . and i beseech your lordships give me leave and i will be very briefe . my conscience doth not accuse me , that i have so much as offended her majestie , her councell ▪ or the meanest of her people in any thing , i have done concerning this cause , for if i should , of all other i deserved the least favour being one that professed to teach others loyaltie to her majestie , and love one to another , and would you have mee to confesse a fault where there is none , no i cannot doe it neither will i : wherefore proceed in your course begun . daul . we have yet more proofe then this , though yet this were sufficient of it selfe , wherefore read the other examinations . then was read the confession of henry sharpe of northampton who upon his oath before my lord chancellor had said that he ●eard mr. penry say that mr. vdall was the author of the demonstration . vda . sharpe and i were never above once in company together ( to my remembrance ) neither knew hee ever any of my dealings . this is nothing to prove me the author of the booke , reports bee uncertain , and if reports be true the archbishop himselfe told mee that mr. penry made it , which is more forcible for mee , then any of sharpes reports can be against me . daul . you mistake the matter , the force of the point resteth in mr penryes report , who was one of your great acquaintance and familiars , and you and walgrave and he were at mrs. cranes house . vda . here is one mans saying that another said so , let the iury consider of what force this proofe is , if you have any more let it appeare . iudg. clarke . you of the iury have not to enquire whether he be guilty of the fel●ny but whether he be the author of the booke , for it is already set downe by the judgement of all the iudges in the land , that whosoever was author of that booke was guilty the statute of felony , and this is declared ab●ve halfe a yeere ag●ne . vda . though it be so determined already , yet i pray your lordships give me leave to shew that which i have to say and i will be very briefe and it is to prove , that though i were found to be the author , yet it cannot be within the compasse of that stature , an. 23. eliz. cap. 2. whereupon the inditement is framed . iudg. you shall be heard to say for your selfe what you can , therefore say on . vda . though i bee not by profession a lawyer , yet i thinke i can shew it clearely by these reasons following . first , the intent of the law-makers , ( which alwaies is to bee regarded in these cases ) is to bee considered which appeareth in the preface of the statute in these words ; to suppresse the malice of those that be evill affected to her highnesse . now i pray you consider this , how can it be ? or how is it possible that a preacher of the same religion which her majestie professeth , and maintaineth who is known continually to pray unto god for her highnesse prosperity and happinesse both of soule and body ; how is it possible i say , that such a one should bee maliciously affected towards her ? therefore it is evident that the statute was made against the papists , who use to slander her highnesse with the tearmes of heretique , &c. and no way against us for i dare boldly say of my selfe , and in the name of all my brethren . cursed is he of god , and he deserveth doubtlesse to be hated of men that doth imagine the least hurt against her highnesse . secondly , the matter that maketh a man a felon by that statute , must proceeed from a malicious intent against her highnesse , which i or any such as i am can no way justly be charged with : pattly for that which is said before , and partly for that my course of teaching and living in this country these 9 yeares ( saving this last yeere , wherein i have been absent ) is known to have tended to no other end then the provoking and perswading of the people to like of and yeeld obedience unto her majestie , and the religion received in her dominions , for the proofe whereof i referre my selfe to the consciences of all men in the country that have knowne me : and further it is likely that i who have bin trayned up in the universities under her majesties protection and have alwaies bended my studies to the advancement of the sincerity of the gospell ▪ so that those small crums of learning which i have gatheted , i doe acknowledge to have received by her majesties meanes these things considered , how can it be that i should bee evill affected towards her highnesse , whom i protest i unfaynedly reverence ? and therefore the worst that the author can be charged withall is his overheat and to much vebemency by reason of his zeale against the abuses , and not any malice against her majestie , or the meanest of her subjects : againe the matter to bring it within the compasse of the statute must be false . but this booke is written in the behalf of a most true cause . lastly the end of it , must be either to the defamation of the queenes majestie or stirring up of insurrection , sedition , or rebellion . for the former i trust that the whole course of our behaviour both in our ministery and conversation , declareth it selfe to bee so farre from seeking to defame her highnesse as it tendeth to the uttermost of our powers , to the advancement , of her honour . for i am perswaded that there is none of us that would refuse to undergoe any paine whereby her majestie might any way be the better honoured , yea wee would not refuse if need so required , to lay downe our lives for redeeming of the least aking of her majesties little finger wherewith shee might bee grieved . now for the second end which is the moving or staring ●p of rebellion &c. i pray your lordships , and you of the iury to consider this , there have beene since the first day of her majesties raign , learned men that have desired the advancemen● of this cause and many of the people that affected it . and yet hath it never appeared that by occasion hereof , there hath in all this time bin any in any place that have raised any insurrection or sedition : yea this booke which is now in question hath bin extant these 2 yeeres , yet i trust neither your lordships nor any here present can shew that any people in any corner of the land , nay it cannot be justly proved that any one person hath taken any occasion hereby to enterprize any such matter , and therefore the making of this book cannot be felony . besides all this if there had bin any such thing meant by the author , or received by the people , as the indictment chargeth me withall , ( which is the defamation of her highnesse government ) yet ( as i take it ) it should not be felony by that statute , for the whole course of it , declareth , that it is onely meant of them that defame her highnesse person , and not her government , as it is manifest by the last proviso , wherein it is shewed , that the whole statute doth determine and end with her majesties life : and we may not thinke their wisdoms that made the law , to be so unadvised , as to make a law for the preservation of the princes government which is continuall , to last no longer then the life of one prince which is temporary . therefore it seemeth that the statute hath no further regard then this , that her highnesse person might be preserved in that honour and dignity which becometh her royall dignity and estate . and i do beseech your lordships to answer me , for i appeale to your consciences as you will answer to god for my life , and i pray you tell the iury whether you do thinke the ▪ intent of the statute were in any sort meant against us , and not rather against the papists . iud. puck . iudge puckering said , you do not well to charge us so with our consciences , which god only is to know : i answere you , the intent of the statute is against all , for so the words are . vdall . the words my lord , i confesse are so , but is the principall intent so ? iud. yea it is so . iud. cla. we have heard you speake for your selfe to this point at large , which is nothing to excuse you , for you cannot excuse your selfe to have done it with a malicious intent against the bishops ▪ and that exercising that government which the queene hath appointed them , and so it is by consequent against the queene . vda . my lords , i am perswaded that the author did it not of any malice against them , and for my selfe , i protest i wish them as much good as i do to my own soule and will pray to god to give them repentance . but the cause why the author did so earnestly inveigh against them was this , as it seemeth , because he perceived them not only to execute an authority which he taketh to be unlawfull by the word of god , but also for that they do not the tenth part of that good , ( even in those corrupt callings ) which by law they might doe : and i am perswaded , that your lordships know in your owne consciences , that they doe not the tenth part of that they are bound to doe . iud. clar. that is true , they do not the good that they might do ; but yet that doth not excuse you ▪ for it is plaine in your booke , that you writ not against them onely , but you writ against the state , for is it not against the state when you say , that it is more easier to live in england a papist , an anabaptist , of the family of love , and what not ? yea you say , i could live so in a bishops house it may be these twenty yeares and never be much molested for it ; what is this but a plaine standering of the state ? and marke the words , for you say , you could live so in england : and doth her majesties laws allow of papists ? this maketh eviden●ly against you , and it is so plaine that you cannot deny it . vda . my lords , if it might please you to heare me a word or two , i will shew the meaning of the author of the booke , i beseech you to heare me and i will be very briefe : i know that the laws of england do not allow of any such as are mentioned in the booke , for there are godly laws made for the punishing of them , if they were put in execution . but this i take to be the authors meaning , that it is not spoken in respect of her majesties government and laws , but in respect of the bishops whom your lordships know to be wholly imployed in finding us out , and punishing of us , not regarding ( in a manner ) the punishing any sinne else . iud. what sirra will you not confesse any fault to be in the booke , you seeke to excuse all . vda . my lords , i do acknowledge , that there was never any worke of man so perfect , but there have bin imperfections in the same , and therefore there may be some fault in the manner , but surely none in the matter : for the bishops themselves will confesse , that they may faile in their actions , and be partiall ( as they are men ) in the manner of handling of any thing ; so also the author of this booke , being assured that the matter is without reproofe , may erre in the manner , in being over-zealous in the handling of it , and this fault i will easily confesse to be in the booke my lords ; but i am sure the author never had any malicious intent against her highnesse , or any of her subjects . iud. clar. this booke hath made you to come within the compasse of the statute , though your intent were not so , for i am sure there was mr. stubbs , well knowne to divers here , to be a good subject , and an honest man , yet taking upon him to write a a booke against her majesty touching mounseir , he thereby came within the compass● of law , which he intended not in making of the booke , and i am perswaded , that he did it of a good affection towards her majesty ; and yet if this law had bin made then , which was made since , he had died for it : so you , though you intended not to come within the compasse of the statute , yet the law reacheth to your fact as that did to his . vda . my lords , his case and mine is not alike , for his booke , concerned her highnesse person , but the author of this booke toucheth only the corruptions of the bishops , and therefore not the person of her majesty . iud. but i will prove this booke to be against her majesties person , for her majesty being the supreame governor of all persons and causes in these her dominions hath established this kinde of government in the hands of the bishops , which thou and thy f●llows so strive against , and they being set in authority for the exercising of this government by her majesty , thou dost not strive against them but her majesties person , seeing they cannot alter the government which the queene hath laid upon them . vda . my lords , we are not ignorant of this , that her majesty hath a care that all things might be well , and in that respect hath given them often in charge , ( upon the considerations of these controversies ) to see to it that nothing be amisse , and because she hath a good opinion of them for their gravity and learning , she believeth them when they say all is well and in good case , whereas if they had the grace to looke into these things , and to make them knowne as they be , indeed her majesty and the state , i doubt not , would quickly redresse them , and therefore was it that the author did so charge them . then the iudge proceeding further in the booke to prove him to have offended , he tooke occasion by the same to speake against railing against magistrates , and speaking to mr. vdall he said in effect thus : iud. cla. sirra you that should have bin a teacher of her majesties people , you should have taught your selfe not to have rayled upon the rulers of the people , for do you not know what is written in the 23. of exodus , thou shalt not raile upon the ruler of the people , for whosoever doth so , shall die the death . and do you not know what is written in the 23 of the acts , where the apostle paul being before the high priest , called him a painted wall ; and being smitten by one of the high priests servants , it was said unto him , revilest thou the lords high priest ? to which paul answered , i knew not brethren that he was the high priest , loe thus did he acknowledge his fault , do you know these things sirra ? vda . my lord , you know that we hold it not lawfull for a minister to be a civill magistrate , and there are at least 500. in this land amongst whom i am the most unworthy , that are of the same judgement in this point . jud. but how if the queene doth give it them ? vda . they ought not to take it . and my lord , ( if it please you ) i will answere to your proofes , though i came not hither to dispute . but in my answering , my purpose is not to give any liberty to any man , to raile upon any that are in authority . now to your proofes i say my lords , that the place out of the 32 exod. doth rather concerne your lordships and such as are under her majestie for judges , then any way to concerne the bishops : and touching the second place out of the 23 of the acts , where the apostle saith , brethren i wist not that it was the high priest : the meaning of that place is , as if he should say , i thought there had not bin any high priest now , seeing christ being come , the high priesthood was to cease , so that the apostle doth not acknowledge any fault in that his speech , for there was no lawfull high priest of that time , neither did he acknowledge any , seeing they did end in christ : and thus do the best divines expound the place . then after some further speeches of this exposition , the judge returned to the matter of the booke againe , saying , that the booke did concerne the state ▪ and sayd : iud. but sirrah thou canst not so excuse thy selfe , as though it touched not the qu. and the state , for is it not written in thy booke , that this saying will not serve their turnes , the queene and councell will have it so : whereby it is plaine , that thou didst speake against the queene and the state . vda . my lord ▪ the author only meaneth this , that when we are called before the bishops , they were often driven to use this argument ( when they had nothing else to say for themselves ) that they could be content many things were amended , but it must be so , for the queene and councell will have it so : and surely herein me thinks they slander her highnesse , and we tell them , that however they beare it out here before men , yet before god that excuse will not serve their turne . iud. thou canst not carry it away so , dost thou not plain●ly say , that they are not safe though they have humane authority on their side , but he that is on our side is mightier then they ; whereby thou both abasest her majesty , and also dost threaten them with some force and vi●lence . vda . it is true , that whosoever doth unjustly is not safe in it , though all the princes in the world should desend him in it ; and that is the meaning of the author . but to say that force and violence is threatned them , is furthest doubtlesse from his meaning ; for it is knowne to all the world , that we desire by all good meanes to commend this holy cause of reformation to her majesty and the state , and do not looke for neither , that ever it should by any force prevaile , but that it would please god to honour her highnesse with the advancement of the same . jud. no , no , these are but excuses , these malicious speeches proceeded from thee , and were the ground-worke of all these ▪ lihells that have bin dispersed since , and thou art ▪ known to be the ring-leader of this faction . vda . there is no reason to charge me with other mens doings , every man must answer for himselfe ; but as for me ( alas ) i am no body ; there are five hundred ministers in this land of my judgement in these things , the meanest of which i acknowledge to be far better learned then i am . but by the way my lords , i pray your lordships give me leave to say one thing which i being about to speake of before , was interrupted , and therefore seeing now it commeth into my memory , i pray you to heare me , though it be out of time , concerning the felony whereof i am accused , it maketh greatly for me . iud. what is it ? let us heare what you can say ? vda . when i was before the lords of her majesties councell at the time of my commitment , amongst other things that i alleadged against the taking of an oath to accuse my selfe , i said that the thing was accounted criminall , and therefore by law i was not to answer : my lord anderson said that i said true if the case had concerned either the losse of life or limb , whereby it is manifest that then my case was not esteemed felony . iud. though the iudges had not then concluded it , yet it was law before , or else it could not so be determined after ; the violent course of others since , hath caused your case to be more narowly sifted . then the iudge ( having spoken to the like effect also ) said to the iury , that they should not need to trouble themselves to find him guilty of the felony but onely it was sufficient if they found him guilty to be the author of the booke , for ( quoth he ) it is already determined by all the iudges of the ●●●d , that the author of that booke was in the compasse of the statute of ●●●●ny , and this quoth he , was concluded before we came hither : therefore you being ignorant of the law , and we being sworne as well as you are , you are ●o heare us , and to take our exposition of the law : and after many other speeches , the iudges said , goe thy way , we will heare thee no longer , get thee hence , and shaking his hand hee called for the other felons to heare their causes . iury. then the iury said , what can we finde ? iud. find him author of the booke , and leave the felony to us . and after some other speeches , mr. fuller said to the iury , you are to finde him author of the booke , and also guilty of a malicious intent in making it ; whereat mr. daulton said , what have you to do with the matter mr. fuller to speake to the iury ? then there being some noyse at the bar , mr. vdall could not any more be heard ; yet as he was ready to depart , hee said to the iury ; you of the iury consider this , that you have not to consult about the life of a seminary and popish priest , but of a minister of the gospell . then iudge clarke shewed the reasons to the iury , why they must find him guilty , saying , the evidences are manifest for the first point , that he is the author of the booke ▪ and the second is a point in law agreed upon by all the iudges , as i have said . so the iury after they had heard the evidences of the other felons at the bar , departed to consult about them , in which time of their consultation there came two severall messages exhorting him to submit himselfe , and to yeeld unto the iudges before the iury had given up their verdict , unto whom mr. vdall replyed willing them not to trouble him with any such matter , for he was cleare in his conscience , and therefore he was not to accuse himselfe ; in which time also the iury diverse times sent and received messages from the iudges ▪ and at the last , the fore-man of the iury went himselfe unto them . thus having debated of the evidences of the rest of the felons with mr. vdall , after the iudges had dined the iury brought in their verdict that he was guilty of felony . after that baron clarke had finished all other matters of law , and that the iuries had given their verdicts on the felons , finding some guilty , and some not guilty : the iudge commanded all the prisoners to stand forth and to answere to their names ▪ which did so ; and first mr ▪ vdall was called , who stood forth at the bar , but the iudge commanded him for that time to stand aside , saying that he would deale with him anon : then some of the prisoners which were saved by their bookes , were burnt in their hands , and for that night there was nothing more don . then the iudge commanding the iay●or to bring the prisoners betimes in the morning , commanded them to depart , and so for that time every man departed to his place . the second dayes worke , being the 25. of iuly . the next morning neere about 4 ▪ of the clock the prisoners were brought to the bar , who stayed till the comming of the iudges ▪ who came thither by 6 of the clock , or thereabouts , and called the prisoners by their names to receive sentence of death ; and first they began with mr. vdall , who after he was called was commanded to stand aside till anon , and then there were 7 felons that received sentence of death ▪ who being taken aside , mr. vdall was called the second time and the clarke of the assises said , iohn vdall hold up thy ●a●d , what canst thou alleadge for thy self , why thou shouldst not receive judgment to dy . vda . my lords , notwithstanding my earnest pleading and protesting of mine innocency yesterday , which i could and would have done more cleerely , but that i was so much interrupted : yet it hath pleased the iury upon their consciences to finde me guiltie of that which i thank god never entred into my heart ; now therefore must i pleade another plea , and therefore i crave of your lordships to grant me the benefit of the pardon granted the last parliament . iud. i thinke you can have no benefit by it , for i am deceived if it be not excepted . then said he to the cleark or some other , reach me the statute booke , and whilest hee looked in the same : vda . mr. vdall said , i pray your lordships consider the ground of my plea , albeit ▪ indeed it seeme to be excepted : your lordships confessed yesterday , and i shewed it by my lord andersons speeches to me , that it was not thought felony till of late , and therefore the things that be excepted be such as be inquirable and punishable in the ecclesiasticall courts . jud. that is nothing , for if the lesser be excepted , much rather is the greater ▪ vda . my lords , i refer it to your consciences and favourable considerations : the words are these in the pardon , which he repeated , and they finding it to be as he had said , the judge said , here is no helpe for you : and after other speeches betweene them of the meaning of the words of the pardon , the judge said , mr. vdall your councell hath deceived you . vda . my lords , i have not received any councell herein , for i have bin close prisoner this halfe yeare , and therefore could not attaine to have any councell ; but thus much have i gathered , which is my judgement out of the booke . jud. what can you alleadge more for your selfe ? for this helpeth you not : vda . nothing but mine own innocency , but that your lordships may proceed . iud. what say you ? are you contented to submit your selfe to the queene : vda . yea , or else i were not worthy to live in her highnesse dominions . iud. but will you acknowledge your selfe to have offended her majesty in making this booke ? she is gracious and full of mercy , it may be , that we reporting your submisi●n unto her majesty , may procure her pardon for you . vda . may it please your lordships to heare me ; the cause for which i am called in question , i cannot forsake in any sort , for i hold it to be the undoubted truth of god : but , &c ▪ and then he was interrupted by iudge puckering , who said : iud. nay stay there , you cannot goe away with that speech unanswered , to buz ▪ into the peoples eares such a conceit , that it is an undoubted truth that you hold ; for i hold it to be an undoubted falshood : and then he proceeded further in a large set speech , the effect whereof was , that this land having bin governed by sundry nations , hath yet kept her ancient laws , which he affirmed would be overthrowne , if this government that these men seeke for should be established : and then he further shewed , what inconventences ( as he thought ) would come by the same , viz. that we having laws and iudges appointed to decide all controversies ; this presbitery which these men seeke for , would overthrow all , and bring to their censure and government , all mens causes ▪ or else they would excommunicate them from their churches ; yea and they are so hot for this government , that they will not stay for the magistrate , and if the magistrate will not , they will reforme themselves , and one of them writing in a letter to his friend of his , saith , let us number our hot brethren , that we may know who will stand to it , for it is high time . so that it is plaine , that if they cannot have it with her majesties consent , they will have it though it make our hearts to ake , as you say in your booke ▪ and whereas her majesty hath revenues belonging to her crown out of the church-livings , and cathedrall churches , these men would have her majesty give unto them those revenues , for the maintenance of their preshitery , and they would her a s●ipend allow at their discretions , so that they would bring the queene and the crowne under their g●rdles . and some of these men have gon so farre , that they say plainely we have no church , no sacrament , no ministers , nor any worship of god amongst us . if these things bee not loo●'t unto in time , what confusion shall wee have in this land shortly ? many other things be spake against the cause of reformation , which i cannot particularly lay downe but this is in effect the substance of it ; concluding he said , thus much mr. vdall have your speeches enforced me to speake least the people here present ( being deceived ) should be carried away by it . to which mr. vdall answered briefly . vda . my lords it is bootelesse for me to enter disputation with you in this place touching this matter , onely this i could wish you to leave it to be first decided by the learned divines to whose calling it belongeth . and although some weak men wan●ing iudgement have bin headily carryed in seeking the furtherance of this cause , and so for want of this government have runne into some errors , yet it is no reason to charge us with them , for your lordships know that wee have been the men that have taken the greatest paines to reclaime them to the joyning of themselves with the church , from which they have separated themselves . iudg. clar. you are deceived it is not a matter of divinity onely , but it is a matter of state , and within the compasse of our profession , and it is not so greatly in controversie as you would have us to beleeve it is . vd. it is diversly debated ( my lords ) and the greatest number of learned men in christendome doe maintaine the same . iudg. how doe you know that , have you bin beyond the seas , to know the greatest number of learned men to be of this judgement ? vdall . your lordships know that all the churches of france , the low countries , and of scotland doe maintaine the same ? besides many hundreds of learned men in this land . iudg. have you been in all these churches that you can tell so much ? vda . i know it to be true ( my lords ) for their practise doth shew them to be of this judgement . iu. well , if you can alleadg no more ; neither will submit your self to the queens mercy , then heare your judgement . vda . my lords i was beginning to speake , but you interrupted me , i pray you heare me , what i will say ▪ and then do as god shall move you . iud. let us heare what you will say . vda . as i said before so i say now , i beleeve the cause to be the undoubted truth of god , and therefore in the matter i cannot by any meanes yeeld ; yet seeing by your order of law i am found to be guilty , neither can i ( for the reverence i beare to her majesties lawes ) take any exceptions against you nor the iury , but that which you have done i acknowledge to bee done in all equity and right . seeing i say you have found me to bee guilty , whereby i cannot live without h●r majesties gracious and speciall favour . i acknowledge that whatsoever i have done to the advancement of the cause . i may offend in the manner , in which respect ( if i have offended ) seeing it hath pleased your lordships and the iury to find mee guilty , i doe willingly submit my selfe and heartily crave her majesties pardon . iud. but are you sorry , that you have offended the queenes majesty . vda . i am sorry , that the course of the law hath found me to have offended . iudg. so is every thiefe that is c●ndemned sorry , that his offence is found out , but not for the fact . this is a plaine fallacy . vda . my lord indeed if it were so as your lordship doth understand it , it were a plaine fallacy , but i say further , if in the manner of handling so good a cause , there be found in me any offence against her majesties lawes : and i acknowledge that in the manner of handling it her majestie may be justly offended , for which i am sorry . and i protest that i have never gone about to advance it by any other meanes , then by manifesting it to all men , and tendering it to them in authority , and that by such meanes as might not be contrary to the laws of this land , that so it might be received by her majesty and the state , and this is the care of us all , howsoever we be charged with factions . iud. you say if there ●e found any offence , whereby you call in question the equity of dealing in this court against you . vda . my lords i do not neither will i , let it be looked into by you and the rest whom it concerneth , i hope you would not deale otherwise then lawfully against me . iud. puck . you say you seeke no unlawfull meanes , what can be meant but unlawfull meanes in the words of your booke ▪ if it come in by that meanes that will make all your hearts to ake , blame your selves : what good meanes ca● bee meant by th●se word● ? vdall . my lords , yesterday i shewed you , what i tooke to bee the meaning of the author in some places of the booke alleadged against me in the inditement ▪ and then i would have spoken unto all , but you cut me off , i pray you therefore let me shew you the meaning of the author in those words now . iudg. let us heare you how you expound it . vda . my lords , your lordships must understand , that the author taketh it for graunted that the cause is gods and must prevaile , and therefore seeing god hath used all the meanes of his mercy to bring it in , in giving us a gracious prince , ●ong peace and aboundance ▪ and of stirring up some to exhibite s●●plications to the parliament ; these things not prevailing in his mercy , he will bring 〈…〉 some judgement as plague or famine , or some such like 〈…〉 his is alwaies the manner of gods dealing . 〈…〉 〈…〉 expound it so , for the words import another thing . 〈…〉 〈…〉 , the author himselfe expoundeth it so in the words follow 〈…〉 saith , that it must prevaile , for such a judgment will overtake this land 〈…〉 eares of all that heare thereof to tingle , so that he meaneth nothing 〈…〉 god will bring it in by his owne hand by judgment , if by mercy hee can 〈…〉 ▪ iud. no no , your meaning was that it should be brought in by force and violence . vda . god forbid ! farre be it from us to conceive any such imagination . the author of that booke doth plainely shew that hee meant no such thing , and the words following in the end of the epistle doe declare the same , for there he sheweth by whom it is to be brought in namely by her majesty and her honourable counsellors , that they may see it , and establish the same . iudg. nay the meaning is , that if the queene will not , yet you say it shall come in , for so the words are , that it must prevaile , maugre the heads of all that stand against it . vda . nay my lords the words are maugre the malice of all that stand against it ▪ for there are many heads that are not maliciously bent against it , there is great difference betweene malice and ●eads , for some are against the cause through ignorance ▪ iud. it is all one in effect ▪ vda . nay ( my lords ) there is great difference , iud. puck . well mr. vdall you were best to submit your selfe to the queenes mercy and leave these courses , for i tell you that your booke is most seditio●s and slanderous against her majestie and the state , and yet i assure you that your booke had bin passed over , if there had not come forth presently after it such a number of slanderous libels , as , martin marre-prelate , martins epitome , martin iunior , or thesis martiane , martin senior , and others such like , of which your booke was judged to bee the ring-leader . vda my lords those that are learned , and doe maintaine this cause , doe iudge this booke to be written very indifferently , howsoever it bee hardly construed . but for martin and the rest of those bookes that you have named , they were never approved by the godly learned . and i am fully perswaded that those bookes were not done by any minister , and i thinke there is never a minister in this land , that doth know who martin is . and i for my part have bin inquisitive but i could never learne who he is . iud. clar. you will not acknowledge your selfe faulty in any thing , and therefore it is in value to stand any longer with you . vda . i will easily confesse that in manner the author hath offended , for no man can handle a cause so well but there will fault appeare in it , as appeareth by iob who having a good cause handled it weakely : it is easier to handle an ill cause cunningly , then a good one well . iud. nay but you have maliciously offended in publishing this booke , which tendeth to the overthrowing of the state and the moving of rebellion . vda . my lords that be farre from me ▪ for we teach that in reforming things amisse if the prince will not consent , the weapons that subjects are to fight withall are repentance and prayers , patience and teares . iud. yea you had done well if you had used these weapons rather then to have made this booke . vda . god forbid but that wee should give unto her majestie that honour which justly is due unto her , for we have not taught the people to reforme the state without the prince , and our practice hath proved the same , for wee never taught any of her subjects to goe before her , but to leave that honour as belongeth to her majestie . iud. well ▪ will you submit your self or not ? for else i must proceed to iudgement , and i have no authority to favour you , neither will i stay sentence of death according to my office , what my brother hath i know not , and therefore shortly submit your selfe or else ! am to pronounce sentence of death . vda . and i am ready to receive it : for i protest before god ( not knowing that i am to live an houre ) that the cause is good , and i am contented to receive sentence so that i may leave it to posterity how i have suffered for the cause . but my lords the cause excepted , i will submit my selfe in any thing . iudg ▪ let the cause alone and tell us no more of it , but acknowledge your selfe to have offended the queenes majestie , vda . i may not in any case yeeld in the cause , i have almost ever since i was a preacher of the gospell professed it , and therefore i cannot bee at this time changed . iudg. let ( i say ) the cause alone and say what you will doe . vda . i must needs professe it and mention it , lest it should bee thought that i have started from it , but for any thing that i have done in the manner against law , i am heartily sorry for it , more then this i cannot say , do with me what you will . iudg. but are you sorry for offending her majestie and her laws , and be you conten●ed to amend and to live in obedience as becommeth a good subject ? vda . i am content to seeke the advancement of this cause by no other meanes , then that which may stand with the lawes of this land , and the duty of a good subject . iud. i come not here to intreate you to submit your selfe , but you shall doe it willingly upon your knees , and crave her majesties mercy . vdall . then mr. vdall kneeling downe said , i refuse not any kind of submission to her majestie : and i intreat your lordships to be a means to her majestie for me . and if i were worthy that my poore papers might come unto her majestie , or to her honourable councell , i would write thus much unto them . iudg. nay will you write thus much unto us , that wee may first see it and commend it to her majestie ? vda . i willingly doe it . thus they dismissed him . and this is the sum of that which i with the helpe of others could remember , having not any intent to leave out or enlarge any thing further the● the meaning of the speakers did intend ; notwithstanding many more things were said on both sides , especially the set speeches of both the iudges and of mr. daulton to the disgrace of the desired reformation , which could not well be expressed in particular , and therefore i have left them . also many other things mr. vdall purposed and begun to say , which they stopped , so that they could not be perceived . the assises being thus ended , mr. vdall was returned to the prison of the white-lyon againe where he continued till the sessions in s●ut●warke ▪ begining the 18. day of february , 1590. during which time he wrote a supplication or submission to the queenes majesty , as followeth : to the queenes most excellent majesty . most gracious and dread soveraigne , the present lamentable estate wherein i stand , being found guilty by verdict , to be author of a book intituled , ● demonstration of discipline , and being without your gracious pardon ▪ to die for the same : i humbly prostrate my selfe at your majesties fe●● , submitting my selfe in most humble manner as becometh a dutifull subject , to such order as it shall please your highnesse to appoint ▪ to whom god hath given so high and soveraigne a power as is able both to kill and to quicken , to bring to the gates of death , and to cause to returne to the comfort of life againe : before whom standing thus convict , i am not to pleade my innocency : yet i most humbly desire it may not offend your excellent majesty , that i protest ( of the truth whereof i call god to witnesse who knoweth all secrets , and will judge both the quick and the dead ) that i had never any thought or imagination to publish , write , or doe any thing maliciously ▪ or tending to the dishonour or slander of your majesties royall person or princely estate ▪ under whose gracious government i have attained to so many benefits and blessings ; amongst which i most highly esteeme the true knowledge and ●●a●e of god ; in regard whereof , i have bin alwaies ▪ ready even to adventure my life , for the preservation of your most royal person and defence of your princely estate , and the same have also taught un●o others , as a thing ●pecially commanded by god ; notwithstanding feareing the severity of justice unto death : i flie for life unto your majesties most gracious mercy most humbly desiring your highnesse of your mercifull compassion for reliefe of my poore and miserable estate , to grant me your gracious and comfortable pardon , whereby ▪ i may be discharged , both of the offence and punishment ▪ which the law hath said upon me . other hope then this have i none ▪ ( but the trust i have in ▪ god , according to his promises ) that your majesty by a speciall gift of god , is gracious and mercifull , and have vouchsafed to shew mercy even to such as were not only by imputation of law but indeed malicious and mortall enemies to your highnes●e , and therefore ▪ i hope that the same goodnesse of so princely a nature may be moved , and will shew forth it selfe in like gracious compassion on my behalfe ; which gracious pardon on my knees i most humbly crave your excellent majesty to grant unto me ▪ by which speciall favour being raised as it were from the dead , i promise and vow to leade the rest of my life in all humble and dutifull obedience unto your majesty ; praying continually for the preservation of your highnesse precious life and happy government , to the honour of almighty god , and the comfort of all obedient and dutifull subjects . a declaration of that which passed betweene the judges and mr. vdall at the assises in southwarke febru. 19 , 1590. because you are ▪ ●●sirous to understand of me the particular things which passed betweene the iudges and me the 18 ▪ 19 , and 20. daies of ●●b . 1590. albeit i had rather you should learne it of others , yet seeing the ground of all dependeth upon some things that passed between them and me in private , i am the rather induced to satisfie your request praying that it may be kept secret amongst those friends that may have good by it , and not given out unto any such sort as may aggravate this heavy burthen that is already ●aid upon me . being called the first day of the assises in the afternoon sergeant puckering said : puck . we do not meane now to deale with you , only i must put you in mind that you have made a ▪ petition , wherein you promise to submit your selfe to such order as her majesty shall appoint ; consider of it , and looke that you ●● it , for ●●an tell you , it is looked for at your hands ▪ vda . i know not my lord what you meane ▪ i made a petition but to her majesty , and will willingly performe any thing promised therein : puck . well , advise well with your selfe and looke that you do it , i tell you aforehand . vda . unlesse you meane that i know not your meaning . justice fenner dwelling in●urre sat on the bench and said , mr. vdall , i must needs say something unto you , i have heard much good of you , and that you are learned , it were pitty you should do otherwise then well , i pray you take heed that those good things which are in you , be not marred for want of humility : i tell you humility is a speciall vertue in a man of your calling ▪ the want whereof marreth all in them that what i● ▪ i pray you stand not in your own opinion too much , i have heard that you have don much good ▪ let not humility be wanting , &c. vda . my lord , i acknowledge that humility is a vertue generally required in men of my calling , without which all other gifts are nothing ▪ for god resisteth the proud , and giveth wisdome to the simple : and i desire that the same vertue may be found in me ; but i trust your meaning is not thereby to perswade me to deny the truth , which i trust the lord will keepe me from , whatsoever befall me . fenner . i speake to you of good will , i would not have you stiffe in your own conceipt . puck . remember what i said unto you . and so i was carried into a chamber to be conferred with by some of the bench ▪ &c. and when that promise which the judge so much spake of came to be examined , it was nothing but a sentence in my submission to her highnesse , the meaning whereof is ( as the words going before it and immediately following it do declare ) that i professed my selfe willing to live or die , according as that power which god hath given to her majesty ▪ shall appoint . i having bin dealt withall to this effect the first day of the assises ( by certaine of the bench in private ) as also the second day by some of them to this effect ▪ that i would make such a submission as would condomne the booke in question ▪ and justifie the hiera●chy ▪ and perceiving that i was not to be heard till the last day ▪ i intreated sir william moore and mr. bowyer to be a meane to the judges for me ▪ that ( for asmuch ▪ as ▪ my case was rare , and i had ( as i was perswaded ) sufficient to alleadge why ( notwithstanding the verdict against me ) judgement ought to be stayed ) i might be heard over-night , that so ( according to that good councell given by them unto me ▪ to advise with my selfe , and to consider what i would do ) also they mig●● have a night to thinke of what i had to say , and the next day to do with me as god should move them . hereupon i was ●etcht forth before the judges in private , immediately after dinner , who using many perswasions to draw me to relent ( which being in private i will not expresse ) told me that they sent for me , for that they understood i desired to be heard over-night , which they were willing then and there to do : i answered : my lords , my meaning was not to desire private but publique hearing , seeing i have nothing to say : but such as would prevent my selfe , and disappoint my publique speech , if i should utter it in private : yet because they told me their other affaires would not permit them to have any time with me till the latter end of the assises , i was rather willing that i should be prevented , then they should be constrained to determine on a suddaine upon so weighty a matter ; whereupon i did draw out a paper for each of them , containing these reasons following . i humbly pray your lordships to consider , whether these reasons ought not in conscience to move you to stay the sentence notwithstanding the verdict against me , and to be meanes of my release . 1. it seemeth that my case is not esteemed felony by the judges of the land ▪ seeing they do usually sit in the high-commission court , where the printing and dispersing of the same and such like bookes are usually enquired after as transgressions of another nature . 2. no judgement in law ought to be given in case of felony , but upon a party first found guilty thereof by verdict of twelve men , but i am not so , for proofe whereof i pray you it may be remembred , that your lordship gave the jurie in issue onely for the triall of the fact , whether i were author of such a booke , and freed them from enquiring the intent , without which there is no felonie . 3. i humbly pray you to call to minde by what meanes the iury was drawne to give that verdict they did , whether they were left wholly to their own consciences , or were wrought unto it partly by promise assuring it should be no further danger unto me , but tend to my good ; and partly by feare , as appeareth in that it hath bin an occasion of great griefe unto some of them ever since . and then i pray you to consider , whether upon such a verdict so drawne from twelve simple men , christian iudges in a good conscience , may proceed to sentence of death ? 4. in case the verdict were never so free , yet your lordships being men of wisdome and knowledge are to consider , whether the statute whereupon i am indicted , do agree to my case in the truth and meaning of it , there being nothing in that booke spoken of her majesties person , but in duty and honour ; and whether the drawing of it from her majesty to the bishops ( as being a part of her body politique ) be not a violent depraving and wresting of the statute , which if it be , you being christian iudges , cannot in a good conscience upon such a ground proceed to sentence , contrary to your own knowledge . 5. but if the statute be to be taken so as it is urged , it ought to be considered that without a malicious intent against her majesties person , the statute it selfe maketh no act forbidden by it to be felonious ; wherein i appeale first to god , and then to all men that have seene the whole course of my life & to your lps. own consciences wherin i pray you to examine your selves in the sight of god , whether either by your selves or the just report of any other you can finde me guilty of any act in all my life , that savoured of any malice or malicious intent against her majesty or of any other behaviour than standeth with the allegiance and duty of a most dutifull and christian subject . of which malice or malicious intent against her majesty , if your consciences cleare me before god , the act wherewith i am charged being not felonie without such an intent , i hope you will consider that you cannot with a good conscience proceed to judgement . 6. yet if the statute and intent were such as it is said , in case of life the evidences ought to be pregnant and full living witnesses ( i am sure by the word of god , and i trust also by the laws of this land ) were to have bin produced face to face to charge me . but i have none such against me , neither any other thing ▪ saving onely papers and reports of depositions taken by ecclesiasticall commissioners and others , which kind of proofe the judges of the land cast away in case of lands , and by no meanes allow to be sufficient , and therefore are much lesse to be allowed in a case of life , which being so , your lordships ought to have a conscience , that upon so weake evidences sentence of death be not pronounced . 7. but if the same that hath been given in for evidence in writing , had bin testifyed by men living ▪ standing out in the presence of the court and of mee the accused , i trust your lordships will consider that no one of the evidences do directly prove me to bee the author of the booke in question which as it was hath little force in it as appeareth by this ▪ that the author of the chiefest testimony is so grieved , that hee is ashamed to come where hee is knowne . whereupon howsoever the iury have not discerned thereof , yet you being men of skill and understanding , are to have regard of it , and not upon so weake and impertinent proofes to proceed to judgement of death . 8. if all these things were such as they ought to bee , yet your lordships are to consider ( supposing me to be the author of the booke in question ) that the said booke for the substance of it , containeth nothing but that which is taught and beleeved to be a part of the gospell of christ , by all the best reformed churches in europe ; wherein nothing being diverse hom them , i cannot be condemned without condemning in me all such nations and churches as hold the same doctrine . in which ( if there be no error in them ) the offence commonly be in forme , circumstance and manner of writing which some men may thinke worthy an admonition , some more severe worthy correction and amercement , the sharpest cannot judge it to deserve more then some short time of imprisonment . but death for an error of such a kind in termes and words not altogether dutifull of certaine bishops ▪ cannot be but extream cruelty : which seeing it ought to be farre from any christian man that hath the bowells of christ in him . surely christian judges professing the gospell , for a service of the gospell ( saving some oversight in words and termes ) ought not to proceed against me ( that hath endeavoured to shew himselfe a dutifull subject and faithfull minister of the gospell ) to give sentence of death . 9. my offence not being aggravated but remaining as it was the last assises ▪ when my submission was excepted , and judgement , thereupon stayed : i trust your favour will be the same towards mee now also , seeing i am ready to doe the like . if all this prevaile not , yet my redeemer liveth to whom i commend my selfe , and say as sometime jeremy said in a case not much unlike . behold i am in your hands do with me what seemeth good unto you ; but know you this that if you put me to dea●h , you shall bring innocent bloud upon your owne heads and upon t●e land . as the bl●ud of abell , so the bloud of vdall , will cry to god with a loud voice ▪ and the righteous judge of the world , will require it at the hands of all those that shall bee guilty of it . this is the summe of that which i delivered to the iudges . the assises being almost finished , and the other prisoners that were called to the barre to haue sentence of death , standing forth to heare the same ▪ i was at the last called , and demanded what i could say for my selfe , why i should not have judgement to die . hereupon i humbly craving audience began to this effect . vda . my lords i doe acknowledge that i have been hitherto proceeded against by due course of law , and that a verdict was given in against me the last assises as guilty of felony , &c. but i do not onely ( as heretofore ) protest mine inno●enc●● , but also think that i have sufficient to alleadge why ( not withstanding the verdict ) judgment ought not to be given where i intreat to be heard . iud. puck . i pray you stay , you seeme in the beginning to speake contraries , for first you acknowledge the course of law to be due , and afterwards stand upon it , that you are innocent . how can a due course of law condemne the innocent ? vdall . these things agree well enough , as i will shew if it shall please you to give mee leave : it is by due course of law ▪ that i have been indited , arraigned , have had a iury impanelled upon me ▪ bin accused , heard speake for my selfe , and testimony produced against mee . but in that the proofe by witnesse was insufficient and the iury either in judgement or affection missed ; thereupon it hath come to passe that ( notwithstanding the due course of law ) guiltin●sse is laid upon a guiltlesse person . but i pray you let mee proceed to the reasons that i have to alleadge for my selfe . then i lest the first reason of purpose seeing i did rather wish that they only should understand it ( which they did by my papers overnight ) then to blaze it to the world so that i did begin to speake according to the second reason mentioned before ; whereupon sergeant puckering prayed baron clarke to speake , seeing it did most concerne him . iudg. clar. i must needs tell you , you ●●e us and the seat of iustice great wrong , indeed ● told the iury what was the law in the opinion of all the judges of the land , for it was not my private opinion as i said also at that time . vda . it is not materiall my lord in this case what the judges thinke , for though all the judges in the world thought so , our lawes thought no man a felon , or capable of sentence as a felon till hee bee convicted by the verdict of 12. men . clar. you are so convicted as the record will testifie . vda . i acknowledge the record against mee , but i appeale to your lordships conscience whether you delivered not unto them speeches to this effect . as ●or the felony you are not so much to enquire , but only whether he made the booke , leaving the felony to us . clar ▪ you doe me great wrong , i onely told them the law . vda . well i leave it to your lordships favourable consideration you perceive my reason . then i spake to the third reason , whereupon it was said . puck . all that you say tendeth to the disgracing of the court of iustice holden against you heretofore , the jury were left to their owne consciences , and did as they saw meet to doe , vda . no my lords , i speake not any thing to disgrace the court of justice , for i acknowledge both this course and all others of the like nature , to bee gods holy ordinance , which i ought to reverence , neither doe i speake to defame the jury , but onely to give your lordships occasion why you may not to proceed to sentence , thereupon , for if the jury did well , why should it grieve any of them ? if they did ill your lordships may not proceed to sentence thereupon . puck . we cannot remember the particular circumstances that then passed ▪ ●either are we to call in question the verdict ▪ but it is our office to give sentence according to it . vdall , i pray your lordships tell mee one thing , must the judges alwaies give sentence according to the verdict , or may there not be cause to stay it ? clar. yes there may be cause to stay the verdict ; such may the case be , vda . and i desire no other but that my reasons may be well weighed whether my case be such or no . then i prayed for so much as they had the substance of that in writing afor hand which i meant to say , it would please them to give mee leave to say at once what i could ; lest my memorie ( being so much weakened and dulled be imprisonment should faile mee , and so i leave some materiall thing unspoken . then i spake according to the 4 & 5 reasons ▪ wherunto little was replyed saving such as things were mentioned at my arraignment . only baron clarke used a very long speech , wherein he compared mr. stubbs his cause and mine together and after the end of his speech , judge puckering said . puck . who taught you such law tell you , you are much deceived and abused in it ; one may bee within the compasse of felony , though hee doe not directly meant any such thing . vda . your lordship knoweth i pleaded these points the last assises , when i came from close imprisonment to the barre : i understand english which is the language wherein the statute was written , and i professe my selfe a scholler and therefore to have ( through gods mercy ) some understanding of the sence of that i read . it seemeth to me most direct , and no otherwise to be taken then i understand it . then i spake according to the 6 , and 7 , reasons whereunto it was replyed thus . puck . you are deceived in that you thinke the witnesses against you the lesse lawfull because the parties were not present . it is an ordinary thing to have witnesses examined in the chancery and other such like courts , which doe remaine thereof as sufficient credit for ever , as they were when the parties oath was taken upon the same . vda . then would i have answered that the case was not alike , seeing the high-commission is no court of record , but i was not then suffered to speake , for that it was said by the other judge . clar. where do you finde that there must needs ( by the word of god ) be two witnesses face to face ? vda . it is so cleare as the witnesses were also to have the first hand in executing the punishment upon the party offending . puck . that was according to moses law , which we are not tyed unto . vda . it is the word of god , which hath a parpetuall equity in it , for the life of man is so precious in the sight of god , as he would not have it taken away without most evident and manifest proofe , such as in his law is set down . clar. we are not now to call in question the proofes , seeing the iury did thinke them sufficient ; this speech of yours tendeth to prove the iury perjured . vda . not so my lord , i thinke of them that they did according to their consciences , but being men unlearned , and the case being strange unto them , they may have don their best , and yet you being men of more knowledge and judgement , are to looke further into the matter . puck . whereas you say that none of the witnesses did directly prove you the author of the fact , that was not necessary , for if all layd together , and the circumstances considered do prove it , it is as good a proofe as if every witnesse were direct . vda . but the law of god from which i trust our laws dis-agree not , would that every proofe be direct . puck . and do you thinke indeed , that the laws of this land are agreeable to the word of god . vda . i do not professe to know them , but surely i have so reverent an opinion of them ▪ that i trust the grounds of them are according to the word of god , however in some particulars the proceedings may misse thereof . puck . then the government by arch-bishops and lord bishops is according to the word of god . seeing the laws of the land do allow them . vda . i pray you my lord take me not so generall , for that will not follow upon my speeches . p. well you may not now disgrace the witnesses , you should have done it at your arraignement . vda . i neither meant then nor purpose now to disgrace the witnesses , but to shew the insufficiency of their testimony in this case , that your lordships may thereby see some reason to stay the sentence . the first testimony that was alleadged , was that of mr. chatfield , who affirmeth , that it was not given in against me upon his oath , but only in his anger he set his hand to , but is now sorry for it . puck . you should have alleadged this before , it is now too late . vda . it is alleadged too late , to prevent the verdict ▪ but if there be any force in it , it ought to be considered to stay the sentence ▪ i could alleadge it no sooner , because i knew it not till after the verdict . puck . we may not suffer you to proceed so to disgrace that which is passed already ; if you have any other thing to say , speake on ▪ otherwise we must do our office . vda . it is not my meaning howsoever you take it , to disgrace any thing passed hertofore , onely i pray you further to consider , that thompkins whose testimony onely carried some shew , protested before my commitment , that he would not for all the world affirme me to be the author of the booke . puck . why did you not pleade these things to the iury ? vda . i did so , and offered to produce sufficient proofe for it , but your lordships answered , that no witnesses might be heard in my behalfe , seeing it was against the queene , which seemeth strange to me , for methinks it should be for the queene to heare al things on both sides , especially when the life of any of her subjects is in question . puck . the witnesses were then thought by the iury sufficient to prove the matter which we may not now call in doubt , therefore say on if you have any more . vda . then i spake according to the eight reason , whereupon it was said , clar. i tell you , you are not called into question for the cause ( as you call it ) nor for the body of the booke , but only for slanderous things in the preface against her majesties government , and therefore you may let the cause alone . vda . but it is for the hatred borne to the cause that i am thus entreated , for had not it bin handled in the booke , such matter as is now made of the preface had never bin objected against me or any other . puck . well it is best for you to leave off all other pleas , and submit your selfe to the queenes majesties mercy . vda . i will do so with all my heart . puck . but will you do it as you did the last assises ? vda . yea that i will ; and so i spake according to the last reason , whereupon it was said : puck . you confessed that you were justly condemned . vda . i am not yet condemned : puck . i meane convicted by the iury ; then you acknowledged that you had offended her majesty , that you were sorry for it , and promised that you would never do the like againe . vda . my lord , it is not for me to oppose my word and credit , ( which is nothing ) against yours , i refer it to them that heard it ; onely i pray you give me leave to speake of it , as i take it that it was : first , i did avow ( and so i do now , and will do whilst i live ) that the cause handled in that booke , is an undoubted truth . clar. how often shall we bid you leave the cause , and tell you that you are not troubled for it . vda . but it is the cause that is sought to be defaced in my person , and therfore i must and will still prof●sse it and justifie it , wha●●●ver disgrace i receive by it unto my selfe . i pray you let me proceed . secondly i did protest that i never had any purpose to deface , but ever to seeke ●o honour her majesty and her government . thirdly , i professed that the course of law against me was due ; whereby what i have meant you have heard . fourthly , i said that i never had any purpose to do any thing to the advancement of this cause , but keeping my selfe ( to the uttermost of my power ) within the compasse of law . lastly ▪ i never confessed my selfe to be author of the booke . then my submission was this , that if i had don any thing to the advancement of so holy a cause ▪ which had brought me within compasse of the law , or might justly offend her majesty , i was hea●tily sorry for it ; if this be not it , let me have any other drawn , wherein the former points are justified , and i will set my hand unto it . puck . but all this is nothing to your booke in particular , what say you to it ? vda . i say this , that though i hold the matter in it to be a most manifest truth ▪ yet i confesse the manner of handling in some part to be such as might justly provoke her majesties indignation . puck : because you stand so much upon the cause , as you call it , you provoke me so , as i must needs say somewhat of it , lest the audience should thinke some matter in it more then is . vda . my lord , you understand my judgement therein , i beseech you speake not against it ▪ unlesse you will give me leave to replie unto you . puck . i may not do so , you pr●v●ke me to it , your discipline that you stand upon , whereupon is it grounded ? forsooth upon the saying of christ , tell the church : which never was expounded these 1500. yeares , as you do within these few yeares . vda . my lord , he did abuse you that told you so , chrysostome expoundeth it thus tell the church ▪ that is the governors of the church : puck . he meant the governors of the iewish synagogue . vda . how can that be ? when he lived above 400. yeares after christ : puck . was there never any that could finde it out before now if it were a truth ? vda . yes it hath testimony sufficient if it might be received : puck . and lest men should thinke that your matter were as good as you pretend i will tell you what i know : it is written in one of your bookes , that without an eldership there is no salvati●n . vda . i am perswaded that cannot be shewed . puck . yes it is in theses martinianae , one writ that i● is time to number our hot brethren . another ( mr. snape of northampton by name ) wrote that the bishops should be p●t down all in one day . these things he did discourse of at large in an invective speech most bitter ●ending to perswade the people that we meant to rebell and set up the disc●pline , and pull downe the bishops by strong hand , and went about to imp●ir● the queenes prerogative and patrimony . after which with much adoe i got aud●ence to this effect . vda . my lord , i protest in the presence of god , and hearing of all this people that neither i nor any of my brethren that ever i was acquainted with to my knowledge , did so much as ever purpose or speake of any such means as your lordships mentioneth to bring in the discipline , but onely by prayer to god , supplication to her majestie , and such other peaceable meanes : this is my answer to your large invective . and whereas my lord you seeme to bee so hardly carried against the cause i would not doubt ▪ but if i might privately conferre with you , with the blessing of god to perswade you to be a friend unto it . and after some other speeches of other bookes , and the aforesaid speeches in the bookes mentioned already , judge puckering said . puck . nay i tell you there are as foule things in your owne booke , for doe you not say that the church is committed to the mistris of the stewes , and ruled by the laws of a brothel-house , vda . it is spoken of the popish canon-law , which is an unfit to rule the church of christ , as the laws of a brothel-house to govern an honest woman . puck . and those laws are established by her majesties lawes . vda . it would trouble the learnedst lawyer in england to prove that . then baron clarke began a voice , tending againe to compare my case to that of mr. stubs , and to perswade me to submit my selfe telling me what good i might doe , but because he spake low , and i said i did not well heare him , he gave over , and prayed the other to speake , who told mee his meaning , and then said . puck . wee shall make short worke with you , will you here acknowledge all the lawes ecclesiasticall and temporall of this land , to bee agreeable to the word of god . vda . my lord , i have disgrace enough upon mee already , you may easily perceive what i thinke of the present ecclesiasticall government . i pray you presse me not with these things , i can yeeld no further then you have heard . puck . then we must doe our office and pronounce sentence on you . vda . gods will be done . puck . yea gods will be done on you indeed . then he gave sentence upon me and the rest , after which i did purpose to speake according to the last sentence after the reasons . but the ●●amors of the other prisoners calling to the judges to be good unto them disappointed mee thereof . thus was i returned to prison , what will bee the issue i know not . the lord turne to his glory the good of his church , and shame of his foes , and then welcome life or death . i being reprieved ( as the sheriffe said by her majesties owne commandement ) doctor bond one of the queenes chaplaines , came to me as from the queene her selfe and from the councel , with the submission that was tendered an●o to conferre with me in generall , but specially to perswade me to yeeld thereunto , or to take the reasons of my refusall , after two dayes conference wee agreed upon a forme of submission , as followeth . the forme of that submission which was offered unto me , and i refused . i iohn vdall , have bin hitherto by due course of law convicted of felony , for penning and setting forth a certaine booke , called a demonstration , of discipline , wherin false , slanderous and seditious matters are contained , against her majesties prerogative royall , her crown and dignity and against the laws and government ecclesiasticall and temporall , established by law under her highnesse , and tending to the erecting of a new forme of government contray to her said lawes . all which points i do now by the grace of god perceive to be very dangerous to the peace of this realme and church , seditious in the common-wealth , and justly offensive to the queenes most excellent majestie , so as thereby i now seeing the grievousnesse of this my offence , doe most humbly on my knees before god and this presence , submit my selfe to the mercy of her highnesse , being must sorry , that so deepely and worthily i have incurred her majesties indignation against mee , promising if it shall please god to move her royall heart to have compassion on mee , a most sorrowfull convicted person , that i will for ever hereafter forsake all such undutifull and dangerous courses , and demeane my selfe dutyfully and peaceably to all authorities both civill and ecclesiasticall established in this realme , for i doe acknowledge them to be both lawfull and godly , and to be obeyed of every faithfull subject . the forme of that submission whereunto i did consent and set my hand . with these three protestations i doe submit my self in manner as followeth . 1. i hold the cause of discipline debated in that booke to be an undoubted truth . 2. i never imagined any evill against her majesties person or estate , but have sought to honour them both ▪ 3. i never purposed to do or perswade any thing whereby the discipline might be advanced but by peaceable meanes , endeavouring to keepe within the compasse of law . i iohn vdall , ●ave been by due course of law , convicted and condemned of felony , for penning and publishing a certaine book called the demonstration of discipline , in the preface whereof some matter as also the manner of writing , i confesse to bee in some part so bitter and undutifull , as deserveth justly to bee censured and punished , and justly offensive to the queenes most excellent majestie : wherefore the tryall of the law imputing unto me all such defaults as are in that booke , and laying the punishment of the same in most grievous manner upon me , and i seeing the grievousnesse of this offence , doe most humbly on my knees , as in the presence of god , submit my selfe to the mercy of her highnesse , being most sorry that so deepe and just occasions should be given to procure her majesties displeasure against me , promising that if it shall please god to move her royall heart to have compassion on me a most sorrowfull condemned person , that i will for ever hereafter forsake all undutifull and dangerous courses , and demeane my selfe dutifully and peaceably as becommeth a minister of the gospel , and as a loyall subject to the queens most excellent majestie . at the same time that doctor bond was with me , i received a letter from a friend of mine , that did solicite sir walter rawleigh for mee , wherein were these words . sir walter rawleigh willed me to let you understand , that her majestie is informed of you , that you hold that the church of england is no church , and the sacraments of the same , no sacraments , and that all her ecclesiast●●●●●●ws are against the word of god , and so her government , and that all ecclesiasticall matters ought to be governed by a presbytery , and shee her selfe to be subject to the censures thereof . and that for these things and such like you are not worthy to live . but if you will write halfe a dozen lines under your hand , unto sir walter concerning these opinions , that hee may shew it to her majestie ▪ he hopeth to obtaine your life . i know it is an easie thing for you to answer all these things , and therfore doe it with speed , and in your writing to sir walter take knowledge , that he hath sent you such word . hereupon i wrote a letter to sir walter rawleigh , and what i hold in these points as followeth . to the right honourable sir walter rawleigh , knight , lord warden of the stannery . my duty being remembred unto your lordship , i humbly thanke your honour for your great and honourable care over me and for my good ; whereof i trust you shall never be ashamed , m●st humbly beseeching your good lordship to be a meane to appease her majesties indignation conceived against me , by meanes of some accusations untruely suggested ; for god is my witnesse , i have never had any earthly thing in so precious accompt as to honour her highnesse , and to draw her subjects to acknowledge with all thankefullnesse the exceeding blessings that god bestoweth upon them by her majesties happy government , whereof i trust mine adversaries will be witnesses when i am dead . i have sent unto your lordship ( as in perplexity i could upon the sodai●e ) what i hold concerning certaine points declared unto me , as from your lordship , praying that it would please you to make known the truth thereof unto her highnesse : and if neither my submission heretofore delivered , nor these things now set down will be accepted to draw her highnesse of her gracious compassion to pardon me , that yet it would please her majesty ( that the land may not be charged with my blood ) to change my punishment from death to banishment . thus trusting your lordship will vouchsafe me this favour , and that it will please her majesty thereupon graciously to consider of me , i humbly take my leave , from the white-lyon , febr. 22. 1590. your lordships to command , iohn vdall prisoner . 1. i do believe and have often preached , that the church of england is a part of the true visible church of christ , and that the preaching of the word and administration of the sacraments therein are the holy ordinances of god , profitable and comfortable to every one that rightly partakes thereof . in which regard i have bin and do yet desire to be a preacher in the same church ▪ and have communicated in the sacraments and prayers therein , for the space of 7 yeares at kingston , and about a yeare at newcastle upon tyne , immediatly before mine imprisonment , and therefore i do from my heart utterly renounce the schisme whereinto the brownists have fallen in condemning the churches of england , and separating themselves from communicating in the publique ministery thereof . 2. i know no other but that the statute laws of this land do maintaine the holy ministery of the word and sacraments in such manner as any christian may with a safe conscience both administer therein and communicate therewithall . also that the law which requireth a subscription to the articles of religion so far as they contain the doctrine of faith and sacraments is agreeable to the word of god . 3. i do believe that by the word of god her majesty hath , and ought to have ▪ a supreame authority over all persons , in all causes , both ecclesiasticall and civill to inforce every man to do his duty and to be obedient in every thing that is not contrary to the word of god . and if the prince should command any thing contrary to gods word , it is not lawfull for the subjects to rebell or resist , no not so much as in thought but with patience and humility to beare all the punishments layd upon them ▪ seeking onely by prayer to god , and supplication to authority , and such like peaceable meanes to have ●aults amended . 4. i do believe that by the word of god , the churches rightly reformed ought to be governed ecclesiastically by the ministers , assisted with elders , and this is not my private judgement ▪ but such as i have learned out of the word of god , bin confirmed in by the writings of the most learned and godly men of ancient and latter times , and have seen practised with much peace and comfort in the best reformed churches in europe , and even by those exiles which her majesty to her great honour hath hitherto protected . 5. i do believe that the censures of the church ought meerely to concern the soule , and may not impeach any subject , much lesse any prince , in the liberty of body , dominion , goods , or any earthly priviledge whatsoever ; and that therefore the papall excommunication that deposeth princes , and freeth their subjects from their allegiance or any part of christian obedience to civill authority , is blasphemous against god , injurious to all men , and directly contrary to gods word : neither do i believe that a christian prince ought otherwise to be subject to the censures of the church , then our gracious queene professeth her selfe to be unto the preaching of the word & administration of the sacraments according to the doctrin of our church in mr. nowells catechisme and the hom : of the right use of the church , at this day appointed publiquely to be read . if i understand of any other thing that i am charged to hold as a strange and private opinion , i would be willing to shew my minde freely in it ; for my desire is , that her highnesse might truely be informed of every thing that i holde : so should i be sure to obtaine her gracious favour , without which i do not desire to live . these things thus passed , i remained as before , without any great hope of liberty , or feare of extremity , untill the next assises drew neere , at last there came mr. nowell deane of pauls , and mr. doctor andrews with a new submission yet containing nothing one clause excepted ) which was not in the former , which i condescended unto , notwithstanding i refused presently to set my hand unto it ▪ ( though they promised in the name of the councell , that in yeelding to it i should obtaine pardon and liberty , because i would do nothing without good advice and consideration . the copie of the submission given me by mr ▪ deane of pauls , with his name to it as followeth . i iohn vdall have bin heretofore by due course of law , convicted and condemned of felony , for penning and publishing a certaine booke called the demonstration of discipline , in the preface wherof some matter , as also the manner of handling of it . i confesse in some part to be so bitter and undutifull ▪ as deserveth justly to be censured and punished according to the laws of this realme , established under her highnesse , and justly offensive to the queenes most excellent majesty ; wherefore i now seeing the grievousnesse of this offence do most humbly on my knees and in the presence of god submit my selfe to the mercy of her highnesse , being most sorry that so deep and just occasion should be given to procure her majesties d●●pl●●sure against me , promising that if it shall please god to move her majesties royall h●●rt to have compassion on me , a most sorrowfull condemned person , i will ever hereafter forsake all undutifull seditious and dangerous courses , and demeane my selfe dutifully and peaceably , as becometh a minister of the gospell , and a loyall subject of the queenes most excellent majesty . this is the true copy of the submission ●●nt unto me from her majesties most honourable privy-councell . alexander nowell . when i had weighed with my selfe , that the clause which is added may admit a good interpretation , and the omitting of that which is left out of my former submission , causeth no ill sense of that which is set down i condescended ( being also advised thereunto by my good and godly friends ) to set my hand unto it , and thereupon wrote a letter unto mr. nowell as followeth . right worshipfull mr. deane , i praise god with all my heart , that authority hath so good remembrance of my lamentable estate , and yet more that by the same i am for my forme of submission to deale with a man of that piety and wisedome , that you have bin worthtly in the church long agone esteemed to be of , and so have continued to t●●● reverend age that you are come unto . it may please you sir to understand , that i have considered of the forme of submission , that your worship brought unto mee , and find nothing in it , but that in a good conscience i can yeeld unto , for it requireth not of me any dentall or disallowance of the cause of discipline debated in the booke , for which i am in question , the substance of which doctrine i believe to be the undoubted truth of god , and therefore ought never to deny or disallow it : notwithstanding with my perswasion i take god to witnesse , that i never purposed to doe or perswade any thing , whereby it might be advanced , but by peaceable meanes , endeavouring to keepe within the compasse of law ▪ further also the said forme of submission , chargeth mee not with any malice against her majestie , from which likewise i acknowledge as in the presence of our saviour christ , that is ready to come to judge the quick and the dead , that i have bin alwayes free and have carried a christian , loving and dutifull affection to her majesties royall person and estate , as i know by the word of god i ought to doe , which being so , i have resolved to satisfie the authority from which you brought me the said forme of submission , and at your good pleasure without further limitation simply to subscribe it . good mr. deane in the bowels of christ have compassion of my estate , more wayes lamentable then i can in a few or many words expresse , or ( as i thinke ) any other but only the spirit that is taught to pray with groans that cannot be uttered , and in such christian compassion by your favourable and earnest mediation to the authority that may relieve me , procure my pardon and free discharge , of the dangers and troubles wherein i am , that i may say with the prophet i shall not die , but live and declare the works of the lord . so shall not only my poore wife and children , but i hope many others praise god for you in that respect , and my selfe as beholding unto you in a case of life , continually pray for you your good estate to the lord of life blessed for ever . amen . after i had thus set my hand hereunto , i advised also to write unto certaine of the councell and other honourable persons besides , partly to let them understand in what sense i had yeelded hereunto , and partly to intreate their favour , and furthermore for my liberty : the copy of which letter ( for it was the same word for word to every one , the title of their severall estates excepted ) here ensueth . right honourable my present lamentable condition enforceth me in most humble manner , to crave so much leisure of your lordships from the weighty affaires of the state , as to consider of these few lines . the reverend mr. nowell deane of paules , and mr. doctor andrewes a few dayes agoe brought me forme of submission ( as they said ) from authority with hope of favour for my life , if i would yeeld unto it . whereof having considered and finding nothing in it , but which i had heretofore yeelded unto , when mr. doctor bond was with me , one clause excepted , to wit , that the faults doe deserve to bee punished according to the lawes of the land . which yet hath no such words but may beare so good a sense as i thinke may in such forme submit my selfe , without either condemning the suite for a further reformation or my selfe as justly deserving by the lawes to die . i cannot discerne sufficient cause to refuse it , for by the hardest word that i have by due course of law bin convicted and condemned . i understand the forme of proceeding by ind●●ment arraignement , jury , witnesses and such like as also by that clause , that the manner of writing is in some part such as deserveth justly to be censured and punished by the lawes of this land . i meane of such censures as the good lawes of this land administred with justice do ordaine for punishing of such offences in the manner of writing which cannot bee of death without malice against her majestie . from which ( i take almighty god to witnesse ) i have bin alwaies free . in regard wherof i feared lest i might be thought to stand too comentiously and undutifully with authority , & too be to carelesse of mine owne estate , if i should not yeeld to such a form of submission as they brought unto me . wherein having yeelded , as farre as in conscience i may , and as authority by their meanes requireth of mee . my most humble suite to your lordships is that in your christian and honourable compassion of my most lamentable estate , that that may please your lordships by your favourable mediation to her excellent majestie , to further my most humble suite , for my pardon and free discharge of these my grievous troubles . so shall i bee bound yet more heartily to praise god for your honour , and to pray unto god for your prosperous estate long to endure to the glory of almighty god , and to your own everlasting comfort . within foure or five dayes after mr. doctor andrewes returned unto me , signifying that all that was done was mistaken , for that was not the submission that was meant of me , but another . which when i had perused i sound it the same ( onely the last clause left out ) which was ostered mee by the judges at the assises . and he said the clarke to whom the making of the letter to mr. nowel putting in one for another . and because i utterly refused to consult of it , as having yeelded before to so much as i might hee prayed me to understand what i tooke exceptions against and for what reasons . so wee entred into many discourses , as first how the discipline could be said to be against the queenes prerogative royall seeing it was ( as i said i did beleeve ) expressed in the scriptures whereby all lawfull priviledges of princes are warranted . then we debeted whether the supremacy of a christian prince be the same with an heathen , or diverse from it . after that whether the authority of princes in making church laws be dejurt , or de facto only . and lastly of the most points of discipline . thus we continued 5 or 6 hours , and at last he would have no answer of me then , but he prayed me to advise of it , for he would come againe . i answered , that the oftner he came the welcomer he should be , but i told him i would not accept of it , yet hee came twice after and tooke my reasons of my refusall to yeeld thereunto , and promising me all the favour he could procure me , he departed . after this the assises approaching , and the generall report being that it would go hard with me . i being desirous to use any good meanes , did not onely solicite the earle of essex , and sir walter rawleigh , who had heretofore dealt for mee , but also i was advised to write againe unto mr. nowell , earnestly charging him to take my case to heart , seeing he had promised to procure me favour , whereupon i wrote unto him this letter following . right worshipfull mr. nowell , as i did rejoyce when i perceived that you were imployed to deale with mee about my submission , because of that reverend estimation that you have bin so long of among the worthies in the church of god , hoping , that i i should have found thereby , some comfortable meanes of meditation unto authority for my release , so i am now occaisoned to feare that all that credit with you are of , shall be used as an instrument to further and hasten extremity upon me . for so much time being passed since i voluntarily yeelded to that submission which you brought unto me and no liberty appearing from any place , but rather that being given out , that my submission shall be a speciall meanes to hasten my death , and no way to procure my liberty , i am constrained to write unto you , to let you understand , that as i looke for that end the next weeke at the assises at kingston ( where i have been a preacher ) which hath so long bin threatned , but ( to the doubling of my torments deferred , whereunto ( i doubt not the lord will strengthen me , as graciously he hath hitherto done . so i pray you as you will answer unto god for my blood , which i am perswaded your credit being imployed to the uttermost ( as in the word and faith of a christian you promised ) might have preserved that you would so take my case to heart , as it may inforce you to leave no stone unturned which may either further my liberty , or at lest cleere your conscience from being any way accessary to my death . for it will one day bee an heavy thing to your heart , to thinke that you should be set on worke , and the accompt that is worthily made of you , imployed under pretence , yea and as it were with assurance of life and liberty , to draw that from a preacher and professor of the gospel which afterward shall be used to hasten his end : and you will say it had bin better that you had never bin of any reckoning , then to bee made an instrument to further such an action . this i write unto you not in any troubled affection with the feare of death , for i thanke god i am willing to end my daies , and ( if it please the lord ) even in this manner and hope that my death shall further the cause , for which i suffer more then my life . but lest i should neglect any meanes which might seeme to be a furtherance to prevent the same , or leave that dutie unperformed unto you , which i take my selfe in conscience bound to discharge , the lord make us willing and able to discharge every good dutie , that he enjoyneth us to his glory , the good of his church , and our own comfort , whether by l●fe or death . about the same time came a letter from the king of scotland to a scotish merchant , one mr. iohnson lying in london , to be delivered to her majesty ( as was said ) being written in my behalfe , as he had done once before when i was close prisoner ; this letter did the merchant deliver to her majesty , and the dean of pauls upon my letter went to the councell , whereby whatsoever was wrought , as soone as the judges heard that i was brought to kingstone where the assises were then kept , i was immediately returned unto the white-lyon in the evening before the first day thereof . afterward mr. iohnson had the copy of the kings letter sent unto him , which then appeared to be written not for me alone , but also for the rest of my brethren the ministers in prison for the same cause of discipline , the tenor of which letter here followeth . right excellent high and mighty princesse , our dearest sister and cousen , in our heartiest manner we recommend us unto you : heareing of the apprehension of mr. udall and mr. cartwright and certaine other ministers of the evangell within your realme , of whose good erudition and fruitfull travells in the church we heare a very credible commendation ; howsoever that their diversitie from the bishops and others of your clergy , in matters touching them in conscience , hath bin a meane by their dilation to worke them your misliking ; at this present we cannot ( weighing the duty which we owe to such as are afflicted for their conscience in that profession ) but by our most effectuous and earnest letter interpone us at your hands to any harder usage of them for that cause : requesting you most earnestly , that for our cause and intercession it may please you to let them be relieved of their present straite , and whatsoever further accusation or pursuite depending on that ground , respecting both their former merit , in setting forth of the evangell the simplicitie of their conscience in this defence , which cannot well be their let by compulsion , and the great slander which could not faile to fall out upon their further straiting for any such occasion , which we assure us your zeale to religion , besides the expectation we have of your good will to pleasure us , will willingly accord to our request , having such proofes from time to time of our like disposition to you , in any matters which you recommend unto us . and thus right excellent , right high and mighty princes our deare sister and cozen , we commit you to gods good protection . from edenborough the 12th ' day of june . 1591. the just copy of the kings letter , sent to her majestie . presently upon these things fell out that wretched matter of that lewd fellow h●cket , whereby the adversary did take occasion so to slander the truth and to disgrace the professors of the same unto her majestie , that i thought it bootelesse to sue . and so i did little til the lord chancellor was dead and forgotten by such as were sorry for it , so that about easter terme following , i sued for liberty to goe to church , which was denyed mee being a condemned man , but by the lord treasurers meanes i got a copy of my inditement , which before i could not obtaine . hereupon i getting a pardon framed according to the inditement , sent it with a petition by my wife to the councell , who referred mee to the arch-bishop , unto whom i both sent diverse petitions and dutifull letters , and also got many of my freinds both honourable personages and others , to sue to him , yet could not his good will be gotten . at last the turkie merchants having my consent to goe for a time into guynea to teach their people , that abide in that place , if they could procure my liberty sent unto him for his consent ▪ who promised his good will so that they would be bound that i should goe indeed , when i had my liberty . but when two of the auncients of the company went unto him for his hand thereunto , he would not yeeld it ▪ unlesse they would be bound not onely that i should goe ( which they were willing unto ) but also that i should tarry there , till i had her majesties licence to come thence . this condition they could not yeeld unto ▪ for that i denyed to go upon any such ground , so was their suite and my hope of liberty at an end , saving that one mr. ca●ell who had bin the first beginner of it , and being to goe into turkie did most affect it , moved the deane of pauls in it , who thereupon wrote unto my lord keeper , perswading him of the conveniencie of that journey for me , and my fitnesse thereunto , which letter when he received he did so deale with the arch-bishop , as they both promising at their next meeting at court to deale with her majestie , to signe my pardon , that so i might have liberty to goe the voyage . fjnjs . a true and historical relation of the poysoning of sir thomas overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between robert, late earle of essex, and the lady frances howard : with king james's and other large speeches / collected out of the papers of sir francis bacon ... bacon, francis, 1561-1626. this text is an enriched version of the tcp digital transcription a28503 of text r10750 in the english short title catalog (wing b338). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 179 kb of xml-encoded text transcribed from 55 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a28503 wing b338 estc r10750 11992600 ocm 11992600 52051 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28503) transcribed from: (early english books online ; image set 52051) images scanned from microfilm: (early english books, 1641-1700 ; 80:7, 2158:14) a true and historical relation of the poysoning of sir thomas overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between robert, late earle of essex, and the lady frances howard : with king james's and other large speeches / collected out of the papers of sir francis bacon ... bacon, francis, 1561-1626. james i, king of england, 1566-1625. [2], 127 p. : port. printed by t.m. & a.c. for john benson and john playford ..., london : 1651. item at 80:7 identified as b338 (entry cancelled in wing 2nd ed.). reproduction of original in huntington library. eng overbury, thomas, -sir, 1581-1613. essex, robert devereux, -earl of, 1591-1646. somerset, frances howard carr, -countess of, 1593-1632. poisoning. a28503 r10750 (wing b338). civilwar no a true and historical relation of the poysoning of sir thomas overbury. with the severall arraignments and speeches of those that were execu [no entry] 1651 33861 16 0 0 0 0 0 5 b the rate of 5 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-06 spi global keyed and coded from proquest page images 2001-07 tcp staff (michigan) sampled and proofread 2003-07 spi global rekeyed and resubmitted 2003-08 marika ismail sampled and proofread 2003-08 marika ismail text and markup reviewed and edited 2003-10 pfs batch review (qc) and xml conversion the lively portraicture of sir thomas overbury . a mans ' best fortune or his worst's a wife : yet i , that knew nor mariage peace nor strife , live by a good , by a bad one lost my life . a wife like her i writ , man scarse can wed : of a false friend like mine , man scarse hath read . laur : lisle excud . a true and historical relation of the poysoning of sir thomas overbury . with the severall arraignments and speeches of those that were executed thereupon . also , all the passages concerning the divorce between robert late earle of essex , and the lady frances howard : with king james's and other large speeches . collected out of the papers of sir francis bacon , the kings attorney-generall . london , printed by t. m. & a. c. for iohn benson and iohn playford , and are sold at their shops in s. dunstans church-yard , and in the middle temple . 1651. the proceedings which happened touching the divorce between the lady frances howard , and robert earle of essex . the lady frances howard , before the kings delegates , geor. canterbury , iohn london , lanc ▪ ely , rich. leichfield and coventry , doctor caesar , thomas parry , daniel dunne , iohn bennet , franc. iames , and thomas edwards , authorised under the kings broad seale , plaintiffs , in ian. 1616. that she and robert earle of essex were married by publique rites and ceremonies of the church , in ian. 1603. that she at the same time was fully thirteen years old , and is at this time twenty two , or twenty three . that the foresaid robert at the time of the pretentended marriage was about fourteen , and is about two and twenty , or three and twenty at this time ; and ever since , and at this present is a man ( as far forth as a man may judge ) and hath been in good health and perfect estate of body , not any way hindred by any ague or sicknesse , but that he might have carnall copulation with a woman . that since the pretended marriage at least by the space of a whole year , and continued three years after the said robert had fully attained the age of eighteen yeares ( as time and place did serve ) after the fashion of other marryed folks , the said frances howard in hope of lawfull issue and desirous to be made a mother , lived together with the said robert at bed and board , and lay both naked , and alone in the same bed ( as married folks use ) and desirous to be made a mother from time to time , again , and again yeelded herselfe to his power , and as much as lay in her offered her self and her body to be known , and earnestly desired conjunction and copulation : and also the said earle in the same time , very often , again and again , did try to have copulation as with his lawful wife , which she refused not , but used the best means she could . notwithstanding all this , the said earle could never carnally know her , nor have that copulation in any sort which the married-bed alloweth ; yet before the said pretended marriage and since , the said earle hath had , and hath power and ability of body to deal with other women , and to know them carnally , and sometimes hath felt the motions and pricks of the flesh carnally and tending to carnal copulation as he saith , and believeth : but by perpetual and natural impediment hath been hindered all the former time , and is at this present , that he can have no copulation with the said lady frances . furthermore , the said lady frances hath been , and is a woman fit and able to have copulation with a man and such an one as may be carnally known , neither hath in this regard any impediment . moreover the said lady frances remaineth , and is at this present a virgin . also at the time of the pretended marriage , the said lady frances was unacquainted with the said earles want of ability and impediment formerly mentioned . and furthermore , the said earle long before this suit commenced , hath very often , and at sundry times confessed in good earnest , before witnesses of good credite , and his friends and kinsfolks , that although he did his best endeavour , yet he never could not , nor at this time can have copulation with the said lady frances , no not once . and also in regard of womanish modesty , the said lady frances hath concealed the former matter , and had a purpose ever to conceale it , if she had not been forced through false rumours of disobedience to the said earle to reveale them . she requireth , since this pretended matrimony is but a fact , and not in right ; it may be pronounced , adjudged , and declared , as none of none effect , and she may be quit and freed from all knot and bond of the same , by your sentence and authority . the earle of essex replyeth , 5. jun. 1614. to the first and second , he answereth affirmatively . to the third , he thinketh that at the time of his marriage he was full fourteen years , and is now twenty two and upwards ; neither since hath had , or hath any sicknesse or impediments to hinder him , but that he might have had copulation of a woman , saving in the time of his sicknesse of the smal-pox , two or three years after the said marriage , which continued for a moneth or six weeks , and at another time , when he had few fits of an ague . to the fourth he affirmeth , that for one year he diverse times attempted : that the two other years he did lye in bed most commonly with her , but felt no motion or provocation ; and therefore attempted the first year : when he was willing , she shewed her self sometimes willing , but other times refused . to the fifth , he answereth , that he never knew her carnally , but found not any defect in himself ; yet was not able to penetrate into the wombe , nor enjoy her . to the sixth , he believeth , that before and after the marriage , he hath found an ability of body to know any other woman , and hath oftentimes felt motions and provocations of the flesh , rending to carnal copulation ; but for perpetuall and natural impediments he knoweth not what the words meaneth , but that he hath layen by the lady frances two or three years , and hath no motion to know her , and believeth he never shall . to the seventh , he believeth not that the said lady frances is a woman apt and fit for carnal copulation , because he hath not found it . to the eighth and nineth , he believeth them both to be true , and thinketh that once before some witnesses of credit , he did speak to this purpose , that he had oftentimes endeavoured carnally to know her , but that he did not nor could . the lord arch-bishop his speech to his majesty . in as much as we firmly believe that the scripture directly or by consequence doth contain in it ▪ sufficient matter to decide all controversies , especially in things appertaining to the church , and that marriage amongst christians can be no lesse accompted then a sacred thing , as being instituted by god himself in paradice , honoured by the presence of our saviour himself , declared by st. paul to be a signe of the spiritual conjunction between christ and his church . i would be glad to know by what text of scripture either by the old or new testament , a man may have a warrant to make a nullity of a marriage solemnly celebrated propter maleficium versus hanc : which i doe the rather ask , because i finde warrants expressely ( in the scriptures ) to make a nullity of marriage , propter frigiditatem , by the words of our saviour , matth. 9.12 . for there be some which are chaste or eunuches , which are so born of their mothers belly , and there be some which are made chaste of men , and there be some which have made themselves chaste for the kingdome of heaven . i would also know gladly , what ancient father amongst the greeks or latines , by occasion of interpretation of scripture , or any disputation hath mentined maleficium versus hanc . the like i demand touching ancient councels , either general or provincial , and concerning stories ecclesiastical , whether any such matter be to be found in them . if ( for ought that appeareth ) never mention was made of this untill hercanus rhemesis episcopus , who lived 400. years after christ , it may well be conceived that this was a concomitant of darknesse and popish superstition , which about that time grew to so great an height ( god permitting them ) that punishment might fall upon the children of unbelief . but since the light of the gospel is now in so great a measure broken forth again , why should not i hope that those who have imbraced the gospel should be free from this maleficium , especially , since amongst a million of men in our age , there is not one found in all our country , who is clearly , and evidently known to be troubled with the same , and if there should be any , which should seem to be molested , we are taught to use two remedies , the one spiritual physick , the other external . for the first , our saviour said , hoc genus demonirum non ejicitur nisi per orationem & iejunium . and st. peter speaking of the devil , cui resistite firmi in side : and the canonists themselves prescribe alms , fasting and prayer , to be used in that case ; but that they joyn supplication and their exorcismes thereunto : and for corporal medicine to be applyed there with , as against a disease . so is the judgement of our late divines , whether they speak of maleficium or not . now admit the earle of essex might be imagined to be troubled with maleficium versus hanc , i demand what alms hath been given , what fasting hath been used , and what prayers have been poured forth to appease the wrath of god towards him or his wife ; or what physick hath been taken or medicine applyed for three years together : not one of those things , but the first hearing must be to pronounce a nullity in the marriage ; of which declaration , we know the beginning , but no mortal mans wit can foresee the end , either in his person , or in the example . the arch-bishop for confirmation of this opinion shewed the testimony of beza , melancthon , perillus , hemingus , pollanus , feriterius , and gautius . the kings answer . to the first article , that the scripture doth directly or by consequence contain sufficient matter to decide all controversies , especially in things appertaining to the church , this is in my opinion proposites , and one of the puritans arguments , without a better distinction or explanation . for the orthodox proposition is , that the scripture doth directly or by consequence contain in it sufficient matter to decide all controversies in points of faith and salvation ; of which sort a nullity of marriage cannot be accompted , and therefore your consequence upon the proposition must faile . for satisfaction of your following question , i say , your second question doth answer it : if there be warrant in scripture for pronouncing a nullity propter frigiditatem , then all the means which make him frigidus versus hanc , must be comprehended therein : for , why doth our church justly condemn the marriage of a man with his sisters daughter , or the marriage of two sisters , but a paritate rationis , for none of them is in terminis prohibited by scriptures , onely the construction is gathered a paritate rationis : for if it be not lawfull to marry your fathers wife , because thereby you discover your fathers shame ; nor his sister , because she is his kinswoman ; nor your own sister , because thereby you discover your father and mothers shame ; it can no more be lawfull to marry your sisters daughter , for thereby you discover also your own shame , as also the same reason serves for ascending or descending in points of consanguinity , quia par est ratio . the like is in this case : for although christ spake onely of three sorts of eunuches , yet ratio est quia non potest esse copulatio inter eunuchum & muli●rum ; and therefore st. paul in the 1. of cor. v. 7. telleth us clearly , that it is not conjugium sine copulatione : i conclude therefore , à paritate rationis , that christ did comprehend under these three sorts all inability , which doth perpetually hinder copulationem versus hanc : whether it be naturall or accidentall , for what difference is there between cutting off the hand , and being made impotent thereof ? amputatio & mutilatio membri , is all one in the civil law ; and it is a little defrauding of the woman , when either he who is to be her husband is gelded , or when the use of that member towards her is by any unlawfull means taken from him : neither is it any way needfull to crave the particular warrant of the scripture for a nullity , no more then of warrantie in that place for any nullity at all : for christ doth not directly say , that a marriage so married shall be nullified , neither doth he teach us what form of process shall be used , in that neither makes he mention of the triennial probation , no more then he forbiddeth marrying within the fourth degree without leave obtained of the bishop of the diocesse : it is then sufficient for all moderate examinants to be taught out of the word of god , that marriage is nulla sine copula ; and that word , quos deus conjunxit , is never found in scripture where durant ius doth not proceed ( viz. ) they two shall be one flesh . but whether the impediments be universall , or versus hanc only , or whether the fault thereof hath been born with him , or done to him by violence , or fallen to him by disease , or disproportion or inaptitude betwixt the persons , or unnaturall practices , that is ever par ratio , he is eunuchus versus hanc , & omnes alias , seeing to her onely was he married . then paritate rationis , such nullities are grounded upon the foresaid warrantie of scripture ; neither hath christ any occasion to speak of jews marrying , concerning maleficium versus hanc ; for although it be apparent that god made king abimelech and his servants unable to abuse sara abrahams wife , and so was made by god himself eunuchus versus hanc , and that be not improbable , that the devil being gods ape , should imitate gods works by his filthy witch-craft by making such as god will permit unable versus hanc ; howbeit , it be very probable that it was long after that the devil put that trick upon the earth . as for the third and fourth questions , what mention the fathers and councils doe make of maleficium versus hanc . i answer , that it may be ( if they were searched ) that either something to this purpose in them , or at least aliquid analogum , with à paritate rationis , or by consequence , may serve to decide the question . but leaving this to search , my main answer , is , that we must distinguish of times : for in all the first ages as long as persecution lay heavy upon the church , & before the empire christian , the church did not meddle with any thing which drew a consequence after it of possession or inheritance , as marriage doth . nay , even divers hundred years after the conversion of the emperours , the judgement and disposition of all such questions did still remain in foro civili , untill the popedome began to wax great , and to assume , or rather to usurpe to her self a supream and independant judicature in all ecclesiastical causes ; and therefore the fathers and the councils had no occasion to make mention of that which was not prefori at that time . and besides , that is an evill argument to say such a thing is unlawfull , because the the fathers and councils make no mention of it : for you know much better then i , divers and many points betwixt the papists and us are never mentioned by the fathers , because that they could never have dreamed that such questions would arise , and therefore are the fathers exact onely in such questions , as were agitated upon the stage in their time , as de trinitate , de duabus in christo naturis , and such like ; and therefore sufficient , that there can be nothing found which may justly be understood to contradict this opinion : and it is very probable ( j say ) before that , this trick of maleficium had not been put in practise in the world ; and therefore not known or mentioned by them . for why may not the devil as well finde out new tricks of witch-craft ( when god will permit him ) as he doth daily new sects and heresies ? for his malice can never end untill the end of times . to the fifth argument my former question doth also serve , for till the four hundred year after god ( it may be ) that divellish trick came never to be discovered ; you know the old proverb , ex malis moribus bonae leges ; and it is not unlikely , that that time of darknesse gave the devil occasion to devise such new tricks , ( look my demonologie ) and yet was that law for which you cite ibircanus by charles the great , who in many great points ( as you know ) had so great light as i doe scarce tearm this time a time of blindnesse ; but how great soever that darknesse was in point of superstition , i will still maintain as i have ever done , that for matter of order and policie , all the world shall never be able to finde out any so good , and so old an order of government to be put in the place of that ; in signe whereof there is no well governed common-wealth in the christian world wherein the common-law is not received to judge in questions of that nature . and it is certain that this question now in hand is onely a question of order and policie , for the ground of this question , that the essential point of matrimony cannot be accomplished sine copula , is warranted by scripture , and warranted by your self . to your sixth argument , or rather hope , i fear that hope shal prove contrary to faith ; for as sure as god is , there be devils , and some devils must have some power , and their power is in this world , neither are the elect exempted from this power : iob was not , st paul was not ; christ said to all his disciples , crebuerit vos sathanas : and if the devil hath any power , it is over their flesh ; and if over their flesh , rather over the filthiest and most sinful part thereof , whereunto original sin is soldered . as god before , and under the law , to shew officii altum of purging mans original sin , the praeputium of the foreskin . and to exempt these of our profession from the power of witchraft , is a paradox never yet maintained by any learned or wise men . that the devils power is not so universal against us , i freely confesse , but that it is utterly restrained , quoad nos , how was then a minister of geneva bewitched to death ? and were the witches daily punished by our law , if they can harm none but the papists , we are too charitable for avenging them only . sathan is permitted to punish man as well for the breach of the second , as of the first table , and therefore are we no lesse guilty then the papists are ; and if the power of witchraft reach to our life , much more to a member not so governed by the fancy wherein the devil hath his principal operation ; and he may so enstrange the husbands affections towards the wife , as he cannot be able to performe that duty unto her ; for that is a common thing in many mens natures , that they cannot doe that thing but where they love , nor fight but where they are angry : god keep us therefore from putting the trial of our profession upon miracles ; let the miracle-mongers live by their owne trade . to the seventh argument touching remedies , what doe you know whether both parties , or either of them , have used their meanes of remedy or not ? and that special remedy should be used publikly ? for then i can see no necessity , for non interest reipub. nec ecclesiae , and private persons are commanded to their fastings , and their almes secretly and in private ; no such cure also is likely to succeed well , except the parties own hearts and desires be set thereupon . and as for your conclusion upon the incommoda , whether upon his person or the example , i can see none in either , so as to the couple between the marriage was never accomplished ; truly they will peradventure both of them by the declaration of the nullity be made capable to accompish marriage with others , which they could never doe between themselves , wherein they may have the satisfaction of their hearts , and enjoy the blessing of procreation of children . and as for the example , the law should be fulfilled , with due administration of justice , which cannot serve for an example or president of a counterfeit nullity hereafter : authoritas facti , or rather non facti sed luce clarior in this case ; besides the many probations , and confessions of the parties which have been taken in this processe : whereas by the contrary if they shall be forcibly kept together , their names and shadows may be kept together , but never their persons or affections , and they still be forced to lie in perpetual scandal and misery , or both ; and what such a kinde of forced continencie may availe , the monks continencie may teach us . and for a president in time to come , that reacheth no further then to open a way of lawful relief to any persons who shall chance to be distressed in that sort . and for the legal doubts , they concerne none of your calling ; for if your conscience be resolved in point of divinity , that is your part to give your consent to nullity , and let the lawyers take the burden of making it so formal . and as for the trienial probation , i hope no man can be so blinde as to make a doubt whether it be taken before or after the suit began . and in conclusion of divine solution of this question , proved clearly , that this resolution of this doubt , howsoever it was in blindnesse , as you think , that is now proved in the greatest time of light and purity of the profession of the gospel : and for your extract upon the late divines opinions upon this question , i cannot guesse what your intent was in sending them to me , for they all agree in tearms of my opinion ; but there is such a thing as maleficium & maleficiale versus hanc : and your very enterlude passage proves the clearest ; and for that advice concerning the remedies that is consilium non decretum , not imposing a necessity , but is to be used by discretion , as occasion shall serve or require it . to conclude then , if this may satisfie your doubts , i will end with our saviours words to st peter , cum conversus fueris confirma sratres tuos ; for on my conscience , all the doubts that i have seen , are nothing but nodos in scirpo quaerere . the midwives appointed to make inspection upon the ladies body , gave in , that the lady of essex is a woman apt to have copulation , to bring forth children , and that the said lady is a virgin and uncorrupted . three ladies affirme that they believe the same , for that they were present when the midwives made their inspection , and did see them give good reasons for it . there is a sentence of divorce given for the nullity of the marriage , and both parties married againe . the commissioners that gave the sentence . bishops winchester . bishops ely . bishops coventry and liechfield . bishops rochester . doctors sr iulius caesar . doctors sr thomas parry . doctors sr daniel dunne . commissioners dissenting . bishops arch. b. of canterbury . bishops bishop of london . doctors sr iohn bennet . doctors fran. iames . doctors tho. edwards . the proceedings against richard weston , at his arraingment at guild-hall , novem. 19. 1615. before the lord maior , the lord chief iustice of england , and three other iustices of the kings bench , crook , dodrige , and hanton , and serjeant crew another of the commissioners . the court being set , the kings special commission being read , the lord chiefe justice gave the charge ; the effect whereof was , first , to expresse the kings pious inclination and command unto just proceedings against all such as should be any way proved to be guilty of the murthering and poysoning of sr tho. overbury , his majesties prisoner in the tower . secondly , to aggravate the manner , and quality of the murther , in shewing the basenesse of poysoning above all other kinds of murther ; declaring the vengeance of god , and his justice in punishing the offenders ; he alleadged gen. 9.6 . quicunque effunderit humanum sanguinem effundetur sanguis illius , ad imaginem quippe factus esthomo : he also took the example of vrias by david ; he therein observed how adultery is most often the begetter of that sin . then he declared that of all felonies , murther is the most horrible ; of all murthers , poysoning the most detestable ; and of all poysoning , the lingering poysoning . he shewed how by an act of parliament , 22. h. 8 , 9. it was made treason , and that wilful poysoners should be boyled to death , rehearsing the example of one richard rouse that had poysoned a man and woman , and was therefore scalded to death . then he laid open to the jury the basenesse and cowardliness of poysoners , who attempt it secretly , against which there is no means of preservation or defence for a mans life ; and how rare it was to heare of poysoning in england , so detestable to our nation , but that since the devil hath taught divers to be so cunning in it , so that they can poyson in what distance of place they please by consuming the nativum calidum , or humidum radicale , in one month , two or three , or more as they list , which they foure manner of wayes do execute , 1 gustu . 2 haustu . 3 odore . 4 contactu . he finisheth his charge with serious exhortations to the jury to do justice in presenting the truth , notwithstanding the greatnesse of any that upon their evidence should appeare to be guilty of the same offence , comforting both judge and jury with the scripture , psal. 5.8 . fin . for thou lord wilt blesse the righteous , with favour wilt thou comfort them as with a shield . the charge being ended , the jury consisting of fourteen persons , did for the space of an houre depart from the court into a private room , where they received their evidence from mr. fanshaw his majesties coroner , and his highnesse councel prepared and instructed for that purpose , with the examinations and confessions as well of the prisoner himselfe , as of divers witnesses before that time taken by the lord chiefe justice of england , and others of the lords of his majesties councel . in the mean time mr. william goare sheriffe of london , was commanded to fetch his prisoner remaining in his house , to be ready in court for his arraignment : so a certaine space after , the grand jury returned to the bar , and delivered in their bill of indictment , signed billa vera ; whereupon the prisoner was set up to the bar , and the indictment read by mr. fanshaw , which contained in effect : that richard weston being about the age of sixty yeares , not having the feare of god before his eyes , but instigated by the devil , devised and contrived not only to bring upon the body of sir tho. overb. great sicknesse and diseases , but also deprive him of his life : and to bring the same to passe , the ninth of may 1613. and in the eleventh yeare of his majesties reigne , at the tower of london in the parish of alhallows barking , did obtaine and get into his hands certaine poyson of green and yellow colour , called rosacar ( knowing the same to be deadly poyson ) and the same did maliciously and feloniously compound and mingle with a kinde of broth powred into a certaine dish , and the same broth so infected , did give and deliver to the said sr th. overb. as good and wholsome broth , to the intent to kill and poyson the said sr tho. overb. which broath he took and did eat . also the said weston upon the first of iuly , an. 11 reigne aforesaid , did in like manner get another poyson or poysonous powder , called white-arsnick , and knowing the same to be deadly poyson , did give unto the said sr tho. overb. as good and wholesome to eat , who in like manner took and eat the same . also that weston upon the said nineteenth of iuly following , did get another poyson called mercury sublimate , knowing the same to be mortal poyson , and put and mingled the same in tarts and jellies , and gave the same to the said sr tho. overb. as good and wholesome to eat , which he in like manner took , and did eat . also the said weston , and another man unknown ( being an apothecary ) afterwards upon the fourteenth of decem. felloniously did get a poyson called mercury sublimate , knowing the same to be deadly poyson , and ●ut the same into a glister ; and the said glister , the said apothecary for the reward of 20 li. promised unto him , did put and administer as good and wholesome into the guts of the said sr thomas ; & that weston was present and aiding to the said apothecary in ministring & infusing the said glister ; and immediately after sr th. did languish , and fell into diseases & distempers , and from the aforesaid times of taking and eating the said poysoned meats , and ministring the said glister , he dyed . and so the jury gave their verdict that weston in this manner had killed , poysoned , and murthered the said sr tho. overbury , against the kings peace and dignity . which indictment being read , he was demanded if he were guilty of the fellony , murthering and poysoning as aforesaid , yea , or no ? to which he answered , doubling his speech , lord have mercy upon me ; lord have mercy upon me . but being again demanded , he answered , not guilty ; and being then demanded how he would be tryed , he answered . he referred himself to god , and would be tryed by god , refusing to put himselfe and his cause on the jury or country according to the law and custome . hereupon the lord chiefe justice , and all other in their order , spent the space of an houre in perswading him to put himselfe upon the trial of the law , declaring unto him the danger and mischiefe he runnes into by resisting his ordinary course of triall , being the means ordained by god for his deliverance if he were innocent ; and how by this means he should make himselfe the authour of his owne death , even as if he should with a knife or dagger kill or stab himselfe ; exhorting him very earnestly either with repentance to confesse his fault , or else with humility and duty to submit himselfe to his ordinary trial ; whereupon he stubbornly answered , welcome by the grace of god ; and he referred himself to god , and so no perswasions would prevail : the lord chiefe justice plainly delivered his opinion , that he was perswaded that weston had been dealt withall by some great ones ( guilty of the same fact ) as accessary , to stand mute , whereby they might escape their punishment ; and therefore he commanded ( for satisfaction of the world ) that the queens attorney there present should declare and set forth the whole evidence without any fear or partiality ; and yet notwithstanding , he once more used much perswasion to the prisoner to consider what destruction he had brought upon himself by his contempt , and declared unto him his offence of contempt was in refusing his triall , and how the laws of the land had provided a sharp and more severe punishment to such offenders , then unto those that were guilty of high treason , and so repeated the form of the judgement given against such , the extremity and rigor whereof was expressed in these words ; onore , frigore , & fame . for the first , that he was to receive his punishment by the law , to be extended , and then to have weights laid upon him , no more then he was able to bear , which were by little and little to be increased . for the second , that he was to be exposed in an open place near to the prison in the open aire being naked . and lastly , that he was to be served with the coursest bread to be gotten , and water out of the next sink or puddle to the place of execution ; and that day he had water , he should have no bread ; and that day he had bread , he should have no water : and in this torment he was to linger as long as nature could linger out ; so that oftentimes they lived in the extremity eight or nine dayes : adding further , that as life left him , so judgement should finde him ; and therefore he required him upon considerations of these reasons , to advise himself to plead to the country , who notwithstanding absolutely refused . hereupon the lord chiefe justice willed sr lawrence hide the queens attorney , and there of counsel for the king , to manifest unto the audience the guiltinesse of the said weston by his owne confession , signed with his owne hand ; and if in the declaration thereof they met with any great persons whatsoever ( as certainly there was great ones confederates in that fact ) he should boldly and faithfully open whatsoever was necessary , and he could prove against them ; whereupon mr attorney began his accusation . first , he charged the countesse of somerset and and the earle to be principal movers of this unhappy conclusion , mrs. turner to be of the confederacie , and the pay-mistresse of the poysoners rewards ; in which i could not but observe the attornies boldnesse in tearming the countesse a dead and rottten branch , which being lopt off , the whole tree ( meaning that noble family ) would prosper the better . secondly , he proceeded to the cause , which he affirmed to be the malice of the countesse , and the ground of this malice he alleadged , and by many inducements he evidently affirmed that sr tho. over. had perswaded him from that adulterate marriage of the countesse of somerset then countesse of essex , and for this he alleadged as followeth . sr tho. over. having divers times disswaded the earle , then viscount rochester , from seeking by any means to procure marrying with the countesse of essex ( to which he saw the earle too much inclined ) having very earnest conference with the earle one night in private in the gallery at white-hall concerning his intendments , perceiving the earle that time too much to desire that unlawful conjunction ; in the ardency of his fervent affection unto the earle , and great prescience of future misery it would inevitably bring unto him ( his wel-beloved lord , and friend ) used speeches to this effect : well my lord , if you do marry that filthy base woman , you will utterly ruine your honour , and your selfe ; you shall never do it by mine advice or consent : and if you do , you had best look to stand fast . my lord replyed ( bewitched with the love of the countesse , and moved with the words of sir tho. over. for sleighting her ) my owne legs are streight , and strong enough to bear me up ; but in faith , i will be even with you for this : and so parted from him in a great rage . this conference was over-heard by some in an adjoyning room , and their depositions for the truth thereof were read in court . although this conference moved the earle to such a suddain choler , yet it seemed sir tho. over. conceited it not to be otherwise then a suddain extream distemperature , or passion , and not a final conclusion of their bosome friendship ; in which the earle seemed as reciprocal as before , howsoever in his double dealing it seemed to be clearly otherwise . for upon this the earle moved the king to appoint sir tho. over. to be ambassadour for russia : the king willing to prefer sir thomas , as one whose worth and valour was yet unknowne to his majesty , accordingly injoyned him that service ; the which sir thomas was most willing to accept of as a gracious aspect of the king towards him : which willingnesse of his was proved by the depositions of two or three witnesses read in court , and by the oath of sir dudly diggs , who voluntarily at the arraignment , in open court upon his oath witnessed how sir thomas had imparted to him his readinesse to be imployed in an ambassage . the earle as well abusing the kings favours in moving to shew favour , wherein he meant the party should take no benefit , as bearing unhonest friendship in conference with sir thomas concerning that imployment , perswaded him to refuse to serve ambassadour , whereby ( quoth he ) i shall not be able to performe such kindnesse to your advantage , as having you with me ; and ( quoth he ) if you be blamed or committed for it , care not , i will quickly free you from all harme : sir thomas thus betrayed by a friend , refused to serve in that nature , whereupon by just equity he was committed to the tower . being thus committed , he was presently committed close prisoner , and a keeper he must have , and who must that be but this weston , who was commended by the countesse of essex to sir thomas monson to be by him commended over unto the lieutenant of the tower to be keeper to sir tho. over. sir tho. monson according to the countesses request , commended the said weston to sir iervas elvis : whereupon the lieutenant entertained the said weston , and appointed him to be keeper to sir th. overb. the said weston upon his own confession read in court , signed with his mark , had during the time that she was countesse of essex , been a procurer and a pander to the said earle viscount rochester , and the said countesse of essex , for the convening and effecting of their adulterate desires , which they did divers times consummate , meeting in mrs. turners house once between the houres of eleven and twelve at hamersmith , and divers times elsewhere for that purpose : so that now by the procurement of the said countess ( who hated sir t. overb. for being a means to keep them from contaminating themselves with such lustful imbracements , and from the proposed marriage they mutually laboured to compass ) her pander was become his keeper , a fit agent for lust and murther . weston now being become sir tho. overb. keeper , kept him so close , that he could scarce have the comfort of the dayes brightness , neither suffered he any one to visit him , father , brother , his best friends , his neerest kindred were strangers to him from the beginning of the imprisonment unto the end . mrs. turner , upon the first dayes keeping , promised him a contented reward if he would administer such things to sir tho. overb. as should be sent unto him , thinking him a fit instrument to compass black murther , that was so well acquainted with foul lust ( and so indeed they found him , ) for he agreed , and did promise to administer whatsoever she would send him . mrs. turner upon this murtherous promise , the very same day weston became sir tho. keeper , being 6. may , 1613. sent unto him the said weston certain yellow poyson called rosacar , in a viall ; weston having received that poyson the foresaid 6. may , at night bringing sir tho. overb. supper in one hand , and the vial in the other , meets with the lieutenant , and asks him in these terms , sir , shall i give it him now ; upon this word now my lord chief justice demurs to aggravate the maliciousness , affirming that this particle now shewed a resolution to poyson him , onely fit time and circumstances were to be respected by him . what shall you give him ? replyes the lieutenant . vveston replyes , as if you do not know sir . the lieutenant blaming him , he carries the poyson into an inner room , which weston did administer to sir tho. overb. the 9. may in broth : this was proved both by weston and the lieutenants confession . weston having given this poyson , which wrought very vehemently with him by vomits , and extream purging , he presently demands his reward of mrs. turner , who replies , the man is not yet dead , perfect your work , and you shall have your hire . this was confessed by weston under his mark . sir tho. overb. by his close imprisonment and poyson , growing sick , and daily languishing , after three or four weeks space considering he had not obtained his freedome and release , having no friends suffered to come unto him , but onely such as the earl sent to comfort him ( of his own followers ) wrote to the earl to remember his imprisonment , who returned answer , the time would not suffer , but assoon as possible it might be he would hasten his delivery ( so indeed it seems he intended to do ) but not so as sir tho. overb. conceived , whose true affection would not admit his judgement to debate the strangeness of his imprisonment , which he might well think then the earl might easily have relieved . on the 5. of iune viscount rochester sent a letter to sir tho. overb. in the letter he sent him a white powder , willing sir tho. to take it , it will ( quoth he ) make you more sick , but fear not , i will make this a means for your delivery , and for the recovery of your health : sir tho. never dreaming of base treachery , but conceiving of it as friendly policy , received the said powder , which wrought upon him most vehemently , whereupon his sickness grew more violent , and his languishment encreased : which white powder upon westons confession was poyson . sir tho. overb. his sickness encreasing , and with it his wondring that he could not in two months be released after his physick taken , he thus wrote to the earl , lamenting his own estate , and taxing the earl of his forgetfulness of his weak estate ; for his faith being thus shaken with the earls unkindness , gave way for his judgement to scan those actions , rather like an understanding man , then a loving friend , as appeareth by his letter sent to rochester , the effect whereof was thus , as is averred by the depositions of sir tho. overb. servants , who saw the letter . sir , i wonder you have not yet found means to effect my delivery : but i remember you said you would be even with me ( not suspecting , as it seemeth , any poysoning , but an unkind forgetfulness of my lord of rochester ) and so you are indeed ; but assure your self my lord , if you do not release me , but suffer me me thus to dye , my blood will be required at your hands ▪ my lord comforts him , and excuses , that it cannot yet be compassed . sir tho. after the powder taken languished deadly , and to comfort him some followers of my lord of rochester are sent to him daily , in the name of my lord , by the appointment and procurement of the lady essex ( as vveston confessed ) to visit , and comfort him , and intreat him , if he desired any meats , he should speak , and it might better ( perhaps be provided for him then he should have any from the tower . this was three moneths after his imprisonment . he , as men sick , desired luscious meats , tarts and jellies , which were provided by mrs. turner with the knowledge of the said countess , and sent unto him , of which he did eat , the which tarts were poysoned with mercury sublimate , not being so well coloured as other tarts are ; and vveston confessed , that he was straightly charged not to taste thereof . sir tho. thus continuing languishing and consuming with the extremity of sickness untill 6. septemb. then the aforesaid mrs. turner did procure an apothecaries boy for 20. l. to poyson a glyster , which was by the boy and vveston afterwards administred as good physick upon 7. octob. after the receipt of the glyster , he fell into great extremity of vomiting and other purging , which left him not till it caused his soul to leave his poysoned body . this vveston confessed and signed . being thus dead , he was presently and very unreverendly buried in a pit digged in a very mean place . on his body thus venomously infected appeared divers blains and blisters , whereupon they to take away as well his good name as his life , did slanderously report that he dyed of the french pox ; but this report was cleared in court by the depositions of his servants and other men of worth there read , that before his imprisonment he was a clear and sound body , only he had an issue in his left arm purposely made for the benefit of his nature , for the avoiding of rhume and ill humours , which with continual sitting at his study he had subjected himself unto . he further observed the confession of the lieutenant to be , that if any prisoner dyed there , his body is to be viewed , and inquisition to be taken by the coroner . but sir tho. overb. friends and others might by no means be suffered to see his body , although it was reported that there was inquisition taken , yet it could by no means be found . after mr. attorney had ended his speech , mr. warr also of counsel for the king , declared to the court what familiarity he had with sir tho. being both of the temple together , much commending his singular honest and vertuous conversation , affirming that he was addicted to no dishonest actions ; and from this he proceeded to urge his hard usage in the tower , where he might have no company but the apothecary and a walloon , and repeating the sending of the tarts and jellies in my lord of somersets name , and ending his speech with this saying , pereat unus ne pereant omnes ; pereat peccans , ne pereat respub. then by the commandment of the court were read by mr. fanshaw the examination of divers witnesses taken before the lord chief justice and others , which in effect was as followeth . lawr. davis servant to sir tho. overbury examined 15. octob. 1615. before the lord chief iustice . he said , that he had served sir tho. overb. eight or nine years , in all which time he was very healthful , and never kept his bed for any sickness , only he was troubled sometimes with the spleen , for ease whereof he had by the advice of his physician an issue made in his left arm , but before his imprisonment he had no sores , blisters , or other defects in his body . also he saith , sir tho. would have gone over upon the embassage , but was disswaded by somerset , who promised to bear him out . he complained , he needed not to be a prisoner , if somerset would ; and if he dyed his blood should be required at his hands : that somerset was as good as his word , who told him at newmarket he would be even with sir tho. overb. henry payston another servant of sir tho. overb. examined , 15. octob 1615. he affirmeth , that sir tho. was of a very good constitution of body ; that he used sometimes to run , to play at foiles , and such like ; that he was of a moderate diet , never had any sores saving the said issue in his arm ; that sir tho. wrote letters to somerset , signifying he needed not to lye in prison if somerset would , and if he dyed , his blood should be required at his hands ; also that sir tho. at one of the clock at night meeting somerset in the gallery at vvhite-hall , had speeches with him touching the countess , whom he called base woman , and told somerset he would overthrow all the kings favours and honours : and upon displeasure between them at this conference , sir tho. desired somerset he might have his portion due , and he would shift for himself , whereunto somerset answered , and my legs are strong enough to carry me , and so flung away in an anger ; all which this examinant heard , being in a chamber next to the gallery . sir dudly diggs being present in court , and sworn , declared viva voce , that he was sent by a privy-councellor a great man to sir tho. overb. to bring him to this great man , which he did , and coming back together over the water in a boat , sir tho. was much discontented , the reason whereof he said was , that he was perswaded by the great man to withdraw himself from the court for some reasons which he disclosed ; not and sir dudly being sent afterwards by the lords to know the resolution of sir tho. touching the embassage , he found him to rely upon my lord of somerset , saying , my precious chief knows the kings mind better then any , and i the mind of my precious chief . richard weston the prisoner 6. octob. coram cook & crew . he affirmeth , that before sir tho. was in the tower , he this examinant carried three letters to somerset for the lady essex , to royston , newmarket , and hampton-court , and he delivered answer to mrs. turner , and that upon the letter to hampton-court he had answer by word of mouth , only that his lordship would come ; and that coming back he met with the countess and mrs. turner half way , in the coach , whom he told that the lord onely answered so , whereupon the countess strook out of the way into a farmers house hard by , whither within a little space somerset came ; and that afterwards they met in the night at mrs. turners house in pater-noster-row ; and he confesseth , that of a year before sir tho. his imprisonment no man carried letters between them but he . sir tho. monson , 5. octob. coram cook & crew . he saith , that he never knew vveston until sir tho. overb. was prisoner in the tower , and that he preferred him to the lieutenant to be keeper to sir tho. overb. at the request of the countess . anne turner widow examined 11 octob. 1615. coram cook . she saith that weston was an ancient servant , and her husbands bayliffe in the country : she denieth to have any thing to doe in placing him in the tower ; but saith the countesse of essex did effect it , and used the helpe of sir tho. monson therein . sir jervas elvis examined 3. octob. 1615. coram cook & crew . he saith , that he had a letter from sir tho. monson , requesting him that weston might be keeper to sir tho. overb. and that he did performe it ; and afterwards having conference with sir tho. monson , told him that his keeper was not to suffer any letters or tokens to be delivered to him . richard weston the prisoner examined againe . he confesseth he shewed the glasse that was delivered him by his son from the countesse , to the lieutenant , and told him it came from the countesse of essex , and that he perswaded him not to give it to sir tho. overb. and saith he had divers tarts from the countesse to give to sr thomas , with caveats that himself should not taste of them , and confesseth he thought they were poysoned . he saith mrs. turner appointed him to come to white-hall , and that she dealt with him to give sir tho. overb. the water , and told him he should not drinke thereof , and promised him a great reward , and he suspected it was poyson ; his son afterwards delivered him the glasse which he shewed to the lieutenant , who rebuked him ; and so he set the glasse in a study near to sir thomas his chamber , but gave it him not , although he told mrs. turner the next day he had given the water , which made sir thomas to vomit aften , and to be exceeding sicke . he saith mr. iames , and mr. rawlings , servants to the countesse , came often to know of this examinant how sir thomas did , and what he would eat , and they delivered him jelly and tarts , which he gave to sir thomas who did eat thereof . he saith he demanded of mrs. turner his reward , who answered , he was not to have his reward untill sir thomas was dead , and that he was promised a pursevants place , but confesseth that afterwards at two severall times he received secretly after the death of sir thomas for a reward by mrs. turner , from the countesse , 180 li . william weston , son to the prisoner examined . he confesseth he received a glasse from the countesse by her servants two inches long , being wrapped in a paper , which he delivered to his father in the tower . then was read the confession of the lieutenant to the king , that weston met him , carrying sir thomas's supper in one hand , and the glasse in the other , and demanded of the lieutenant thus ; sir , shall i give it him now ? whereat the lieutenant stepped to him , and asked him what ? to which weston said , why , know you not what is to be done ? and so the lieutenant having made him to confesse the matter , disswaded him , and he seemed to be resolute not to do it ; and afterwards this weston confessed to the lieutenant an apothecary had twenty pound for ministring a glister to sir tho. overbury . weston the prisoner examined before the lord zouch , and others . confesseth , that sir thomas had a glyster which gave him sixty stools and vomits : also being confronted with the writings of sir ier. elvis , and charged therewith , confesseth the same to be true . simon marson musitian examined . saith he served sir tho. monson six years , and was preferred by him to the kings service , but waited sometimes upon sir thomas monson : he saith he received divers tarts and jellies from the countesse of essex , to be carried to the lieutenant of the tower for sir tho. over. paul de la bell examined . saith , that the third of iuly , he made sir tho. over. a bath by dr. michams advice to coole his body , and he saw his body exceeding fair and clear ; and again , he saw his body ( being dead ) full of blisters , and so consumed away as he never saw the like body . giles rawlings a kinsman of sir thomas overbury examined . saith , upon the bruit of the murther of sir tho. he was taxed by some why he made no prosecution ; he thereupon made a petition , and delivered it to the king , that the examination of the cause might be referred to the judgement of the law , and denieth that he was perswaded by any to the contrary . he saith , that he comming often to the tower to see sir thomas , could not be suffered to see him so much as out of the windows , and weston told him it was the commands of the councel , and the lieutenant . the lieutenant of the tower examined . he saith , that after the death of sir thomas , vveston came to him and told him , he was much neglected and sleighted by the countesse , and could receive no reward ; but afterwards he confessed he had received a hundred pounds , and should receive more : and the lieutenant also saith , that sir thomas was very angry with his apothecarie at certain vomits which he had ; and also that the tarts and jellies which he had , would be found within a day or two standing ill coloured ; and that no body did eat thereof but sir thomas : and vveston confessed to him that an apothecarie had twenty pounds for ministring the glyster . these examinations being read and applied to the purpose , the lord chief justice said he would discharge his duty first to god , in giving all glory for the bringing to light of so horrible and wicked a fact ; and next to the king ( his great master ) who as in case of the like nature , in the case of zanq . and turner , so specially in this case hath given given streight charge of due and just examination to be had without any partiality or fear of the world ; to the intent as well the innocent might be free , as the nocent and guilty severely punished . and for this purpose , his majesty had with his owne hand written two sheets of paper on both sides , concerning justice to be administred to all persons which were to be examined ; which writing the lord chief justice shewed to the lord maior , and the rest of the commissioners : and then he declared the kings justice , who albeit the many favours and honors which his majesty had bestowed upon the lord of sommerset , and his nearnesse to his person by reason of his office ; yet he had committed him prisoner to the dean of westminster under the custody of sr oliver , & sr iohn ; and also had committed his lady : so having last of all demanded again of the prisoner , if he would put himself to be tried by the country , which he refused ; the court was adjourned untill munday following at two of the clock in the afternoon . the second arraignment of richard weston . on munday the 23 oct. 1615. to which day the court was adjourned by the said commission ; afer proclamation made , the jury of life and death called the prisoner , vveston was set to the bar , and mr fanshaw clerk of the crown , declared to him that he had been formerly arraigned , and pleaded not guilty : so he demanded of him how he would be tryed ? whereunto the prisoner answered , by god and his country ; and thereupon the jury being sworn , the indictment being read , as before , sir lawr. hide the queens attorney , being of the councel for the king , having briefly rehearsed the effect of the indictment , shewed how that he must necessarily mention others that were guilty of the same fact , wherein if any other man were touched , their cause it was , and not he that touched them . and therefore vveston being but a stranger to sir tho overbury , and one who by himself could reap no benefit by his death , it was against all reason he would do it himself , therefore ( said he ) i must needs open the whole plot ; and having first declared the worth and honesty of sir tho. overb. shewed his familiarity with the lord of rochester , and how he often willed him to forbear the company of the lady essex , tearming her a vile and base woman , which stirred up the anger and malice of the countesse against him . and afterwards the king intended for the honour and preferment of sir tho. overb. to send him upon an ambassage ; whereunto he was willing , but was dealt with , and perswaded by rochester to disobey the kings direction and counsel , with promises that he would bear him out ; upon which contempt sir thomas was committed to the tower 22 april 1613. sir william wade heing lieutenant of the tower ; and the 6. of may following , sir william was removed , and sir ier. elvis put in his place . and the very next day after , weston by the procurement of the countesse , was preferred to the service of the lieutenant , and to be keeper of sir tho. overb. which weston had been servant to mrs. turner , and the onely agent in conveying letters and messages between roch. and the countesse ; and he whose office should have been to save and keep , was now appointed to kill and murther him . he shewed how the very same day of his entertainment at the tower , he was sent for to the countesse , who promised him that if he would give sir thomas a water that should be delivered to him , he should be well rewarded ; and she bad him not taste of it himself . and that the ninth or may aforesaid , the said water was secretly sent from the countesse to weston by his son ; and the same night weston meeting the lieutenant , with sir thomas's supper in one hand , and the glasse in the other , he demanded of him , sir , shall i give it him now ? whereupon the lieutenant took him aside , and disswaded him so far forth , that he confessed he thanked god on his knees that he had met with him : but mr. attorney observed this notwithstanding , that the lieutenant did let him go away with the poyson ; and albeit he now denyeth he ever gave the poyson , yet said he did deliver it : he confesseth to mrs. turner he had done it , saying , it made him very sick , and to vomit often , demanding of her his reward ; she answered ; he was not to have it till sir tho. was dead . then he shewed , 30. iune following a certain powder was sent in a letter to sir tho. from roch. perswading him not to fear , though it made him sick , for that should be his reason to move the king for his enlargement . and that the 14 septemb. weston and the apothecary ministred the glyster to sir tho. which gave him 60. stools and vomits , and that he dyed the next day , remembring the botches and blisters on his body being dead . he shewed how weston came to mrs. turner for his reward , which was deferied till his death ; and that he had received in secret from the countess by mrs. turner at several times for his reward 180. l. and that the apothecary had for his reward 20. l. all which weston had confessed to be true . then remembring how ignominiously they buried him , not suffering any to see him for fear he should be digged up again , and without any coroners inquest that should be found : and thus he ended his speech . and all this opened and set forth by mr. attorney , mr. vvar onely added thus much , which he desired the jury to consider , that vveston was servant to mrs. turner when sir tho. was committed , and then he was entertained and made keeper to sir tho. and having dispatched his business , sir tho. being dead and poysoned , he stayes no longer at the tower , but returns again to his mrs. turner . then the lord chief justice exhorted the jury to take god before their eyes , with equall balance to weigh as well the answer of the prisoner as the proofs and examinations against him , declaring unto them how quietly and freely he had examined him without any menacing , or threatning , or rough usage , which the prisoner confessed ; and my lord , for matter of law , satisfied the jury , that albeit in the indictment it be said to be rosacar , white arsnick , mercury sublimate , yet jury were not to expect so precise proof in that point , shewing how impossible it were to convict a poysoner , who useth not to take any witnesses to the composing of this slibber sauces ; wherefore he declares the law in the like case , as if a man be indicted for murthering a man with a dagger , and it fall out upon evidence to have been done with a sword , or with a rapier , or with neither , but with a staffe ; in this case the instrument skilleth not , so that the jury finde the murther ; and so in the prisoners case , if they would be satisfied of the poysoning , it skilleth not with what , therefore he required them to attend the proofes . then were read first the examinations of lawr. davis as at the first arraignment , then of henry payton , both servants to sir tho. then of vveston himself formerly read ; the examination of sir david vvood taken the 21. octob. 1615. since the first arraignment . he saith he had obtained the kings consent to a suit , for which he was a petitioner , and that he was crossed by roch. and sir tho. overb. that for certain words he had received from sir tho. he intended to bastinado him ; that his suit would have been worth 2200. l. and that roch. would not let it pass unless he might have 1200. l. that the lady essex sent for this examinant upon the day that the king and queen went to roches● . with the lady eliz. and told him she understood he had received much wrong from sir tho. overb. and that he was a gent. that could revenge himself , and that sir tho. had much wronged her ; and sir david answered , that sir tho. had refused him the field ; she perswaded him to kill him , and promised him for his reward — and protection from his enemies , which he refused , saying , he would be loth to hazard going to tyborn upon a womans word ; but she still perswaded him he might easily do it , as he returned late home from sir charles vvilmots in his coach . then were read the examinations of sir tho. monson and mrs. turner , as at the first arraignment . next , the examination of vveston before the lord zouch , sir ralph vvinwood , sir tho. parry , and sir foulk grevill , at the dutchy house 21. septemb. 1615. where weston did confess he was preferred to the keeping of sir tho. overbury by mrs. turner upon the means and request of sir tho. monson to the lieutenant , and that she told him he should be well rewarded : and being confronted with a relation in writing which sir ier. elvis had made to the king , as touching sir tho. overbury , he confessed the same to be true . the examination of the lieutenant , taken 5. octob. 1615. he saith , that having conferred with his servants about the time of westons coming to the tower , he found it to be the very next day after he was made lieutenant , and had possession of the tower , and that he had letters from sir tho. monson that weston might be keeper to sir tho. overb. which letters he hath lost ; and sir tho. monson told him the chief purpose of westons keeping sir tho. overb. was to suffer no letters or other message to pass to or from , and to that purpose he advised the lieutenant . westons examination , 5. of october , 1615. he confesseth , that the next day he was preferred to the tower , he had the keeping of sir tho. overb. and soon after he received the glass by his son secretly from the countess , and that the lieutenant told him all the tarts came likewise from her ; and he confesseth , that the countess willed him to give them to sir tho. but not to taste of them himself . weston examined , 1. octob. 1615. confesseth , that mrs. turn . appointed him to come to white-hall to the countess the next day that he was at the tower , and that he went , and that the countess did request him to give sir tho. overb. what she should deliver him , but not to drink of it himself ; she promised to give him a good reward , and he suspected it was poyson , and he received the glass by his son , and told the lieutenant of it , who did rebuke him ; and he set the glass in a little study . he confesseth he told mrs. turner he had given it him , and demanded his reward . that mr. iames and mr. rawl . my lord of somersets men came often to know of him what tarts , jellies , or wine sir tho. would have , and they brought divers times tarts and jellies , whereof he did eat . the confession of the lieutenant to his majesty . your majesties servant sir jervas elvis . after weston was placed in the tower , he met with me with sir tho. supper and the glass , and asked me , sir shall i give it him now ? wherein i protest unto your majesty my ignorance , as i would also be glad to protest the same to the world ; so i privately conferred with weston , and by this means made him assured unto me , and knew all , but disswaded ; and as weston hath since the death of sir tho. confessed unto me , that the glyster was his overthrow , and the apothecary had 20. l. for administring it . here the lord chief justice observed by this question of weston to the lieutenant , sir shall i give it him now ? that it was presently agreed and plotted before what should be done , and that nothing more was doubted on , but the time when it should be done . the testimony of lawrence davis , taken upon oath before cook and crew . he affirmeth that weston delivered him a letter from sir tho. overb. to roch. the effect whereof was , that he would do his endeavor in being a means of friendship between roch. and some others , but as touching the marriage with the countess of essex , he would never give his consent : and also bringing a letter from roch ▪ to sir tho. monson , he delivered it to weston , and a paper of white powder fell out , which roch. perswaded sir tho. overb. to eate , and not to fear , though it made him sick , for that should be a means for his enlargement , so they put the powder into the letter again : he saith , he saw some part of the powder in westons hand after the death of sir tho. overbury . the examination of simon weston and paul de la bel as at the first arraignment , and giles rawlings esquire , 15. octob. 1615. saith , that upon the bruit of poysoning of sir tho. overb. being taxed of divers for that he stirred not in the matter , sir tho. being his kinsman , and means of his preferment , he did of himself prefer a petition to the king , that the cause might be referred to the judges of the law for ordinary course of justice , rather then to the lords of the councel , by them to be examined ; of which he had a gracious answer , and saith , that of 14. dayes before the death of sir tho. he could never be suffered to see him either in his chamber , or out of the window , which weston said was the commandment of the lords and the lieutenant . and here the lord chief justice observed what a scandal they put upon his majesty and the state , that a gentleman and a free-man being onely committed upon contempt , should more straightly and closely be kept then a traytor or bondslave , so that neither his father , brother , or friend might possibly see him : and to that point mr. overbury , father to sir tho. sware , being present in court , who said that his son being prisoner in the tower , and himself not being suffered to have access unto him , he found at last that roch. was the man that withstood it . the lieutenants examination , the 5. of october . saith , that after the death of sir tho. overb. weston told him that he was neglected by the countess , and demanding his reward , mrs. turner told him the countess had no money ; but afterwards he confessed he had received some , and should receive more . that mr. iames told him , somerset would reward him for the pains he took with sir tho. he saith the tarts were sent from the countess to sir tho. which looked ill-favouredly , and the jellies with a little standing would be furred , and thinketh they were poysoned . also vveston told him that the apothecary had 20. l. for giving the glyster , and that he was poysoned with the glyster . hence was observed as well by the court as the queens attorney , that vveston was not single in his confession ; but whensoever he had confessed any thing in any of his examinations , it was likewise confirmed by the examination of others , as the lieutenant and his son . the examination of william goare , one of the sheriffes of london . saith weston being in his custody , he often perswaded him to put himself to be tryed by his country , weston telling him he would first kill himself , and ask god forgiveness afterwards : and said , he hoped they would not make a net to catch little birds , and let the great ones go . then mr. war craving leave of the court to speak , pro●●●●● conscience he never found a business prosecuted so by degrees , which were the ground of sir tho. his overthrow ; he urged the evidence in the examination of sir david vvood , and shewed the reasons of the malice against him to be , for that he was so great an impediment to affections : then he made the dependency mrs. turner had to the lady , and weston to mrs. turner , and how they all concluded to kill sir tho. overbury ; the like whereof ( he said ) our fathers never saw before us : and he lamented much the place from whence the poyson came should be from the court , the place ( said he ) from whence all men expected their safeties and protection . lastly , he observed the finger of god even in this , that the poyson had scarcely been suspected at all , or enquired after , had it not been for the extraordinary strange things appearing after his death ; which was the first onely cause of suspicion and muttering . the evidence being given , vveston was demanded what he could say for himself , who although he had before confessed all his examinations to be true , yet he seemed to excuse himself in a kinde of ignorance or unawares ; he said he received the glasse , and thought it was not good , but denied the giving of it to sir thomas : being demanded why he accused one franklin for delivering to him the said glasse from the countess ( from whom it was sent ) he confessed indeed it was to save his childe : and finally , could say nothing that had any colour of material or substantial point to excuse or argue innocency in him ; so the court referred him to the jury , who went together , and within short space returned , being agreed upon their verdict , and there at the bar gave in , that vveston was guilty of the fellonies of murthering and poysoning of sir tho. overbury ; and then the clark of the crown demanded of him what he could say for himself , why judgement should not be pronounced against him according to the law . to which he answered , he referred himself to my lord and the country ; and then the lord chief justice before he pronounced sentence of death , spake to this effect , that for the duty of the place he must say somewhat , and that to two several parties ; first , to the auditory ; secondly , to the prisoner ; and that which he spake to the auditory , he divided into four parts , viz. 1 the manifestation of the glory of god , and honour of the king . 2 the preventing of other damned crimes of poysoning . 3 answer to certain objections . 4 that there is no practice of conspiracie in prosecution of the business . 1 for the first , he observed the finger of god in the manifestation , and bringing to light of this matter , having slept two years , being shadowed with greatness , which cannot overcome the cry of the people ; he observed also the providence and goodness of god to put into the hearts of himself , & the rest of the judges the day of the last arraigning , when the prisoner stood mute , not to give judgement against him for that time , but deferred it till now ; and how in the mean time , it pleased his majesty out of his gracious care and pity , to send to the prisoner , first the bishop of london , next the bishop of ely , to admonish and perswade him for the saving of his soul , who after each of them had spent two hours with him , and when all the means of man not prevailing with him , it pleased god ( when they had left him ) to move his heart so , that now he did put himself to be tryed by his country ; by which means , using vvestons own words , he said , the greatest flies shall not escape , but receive their punishment . for conclusion of this first point , he lastly observed , divinum quiddam in vulgi opinione , for that so many uncertain rumours touching this case , at last proved to be true . secondly , he declared how for previntion of this damned crime of poysoning , justice was the golden mean ; and declared his majesties resolution strictly to execute justice for that treason , and he used this saying , nemo prudens , &c. and desired god that this president of overburies might be an example , and terrour against this horrible crime ; and therefore it might be called the great oyer of poysoning . thirdly ; he said that at the arraignment were certain critiques who had given out , the prisoner should deny his examinations , and found so much fault for that the examinations were read , the prisoner standing mute : but for the first , how untrue it was , all the world saw , the prisoner here confessing them all being read and shewed unto him . and for the second , besides that it was exceeding discreet and convenient , the world should receive some satisfaction in a cause of that nature , he cited and shewed what by the laws of the land they ought and were bound to do , notwithstanding the greatness of any that might thereby be impeached , of whom he said , although this was vnicum crimen , yet it was not unicus crimon . fourthly , as touching the supposed practice or conspiracie , he solemnly protested to god he knew none , nor of any semblance or colour thereof ; and therefore he much inveighed against the baseness and unworthiness of such as went about so untruly and wickedly to slander the course of justice : and so he came last of all to that which he had to speak of weston the prisoner . first , touching the wickedness of the fact , he very seriously exhorted him to an unfeined confession and contrition for the same ; declaring unto him how that his confession would be a satisfaction to god and the world , if by faith and true repentance he would lay hold upon the merits of his saviour . he perswaded him that no vain hope , ( which is a witch ) should keep him back from giving satisfaction to the world , by discovering the great ones ; assuring him that after this life , as death left him , so judgement should finde him . and lastly , taking occasion there to remember this poysoning to have been a popish trick , which he instanced by the example of gurnandus di birlanus mentioned 22 ed. 1. squire , that attempted to poyson queen elizabeths saddle ; lopez , and mrs. turner : and proceeded to give judgement , which was , that the prisoner should be carried from thence to the place whence he came , and from thence to tiburn , there to be hanged by the neck till he were dead . justice being given , the lord chiefe justice commanded that the prisoner might have convenient respect , and the company of some godly learned men to instruct him for his souls health . the arraignment of anne turner a widow , at the kings bench bar at westminster , 7. novem. 1615. the indictment whereupon richard weston took his tryall , being repeated verbatim ; she was indicted for comforting , aiding , and assisting the said weston in the poysoning to death of sir thomas overbury ; to which she pleaded not guilty , putting her self upon god and the country : whereupon a very sufficient jury of two knights , and the rest esquires and free-holders of middle sex were sworn and impannelled ; for the triall whereof , sir tho. fouler was fore-man . the lord chiefe justice told her , that women must be covered in church , and not when they are arraigned , and so caused her to put off her hat ; which done , she covered her hair with her handkerchiffe , being before dressed in her hair , and her hat over it . sir lawr. hide the queens attorney , opened the matter much to the effect as he did at westons arraignment ; shewing the wickedness and hainousness of poysoning : he shewed further , there was one dr. forman dwelling at lambeth , who dyed very suddenly , & a little hefore his death , desired that he might be buried very deep in the grave , or else ( said he ) i shal fear you all . to him in his life time often resorted the countess of essex , and mrs turner , calling him father ; their cause of comming was , that by the force of magick he should procure the now earle of somerset then viscount rochester to love her ; and sir arthur mainwaring to love mrs turner , by whom ( as it was there related ) she had three children : about this business the countess wrote two letters , the one to mrs. turner , the other to doctor forman as followeth : the countesses letter to mrs. turner . sweet turner , i am out of all hope of any good ●n this work ; for my father , mother , and brother said i should lye with him ; and my brother howard was here , and said he would not come from this place all this winter ; so that all comfort is gone : and which is worst of all , my lord hath complained , he hath not lain with me , and i would not suffer him to use me : my father and mother are angry , but i had rather die a thousand times over ; for besides the sufferings , i shall lose his love if i lye with him , i will never desire to see his face , if my lord do that unto me : my lord is very well as ever he was , and so you may see in what a miserable case i am ; you must send the party word of all : he sent me word all should be well ; but i shall not be so happy as the lord to love me : as you have taken pains ever for me , so now do all you can ; for never so unhappy as now , for i am not able to endure the miseries that are comming on me ; but i cannot be happy as long as this man liveth : therefore pray for me , for i have need ; but i should be better if i had your company to ease my minde : let him know this ill news ; if i can get this done , you shall have as much money as you can demand , and this is fair play . your sister . fran. essex . burn this letter . a letter from the countess to doctor forman . sweet father , i must still crave your love , although i hope i have it , & shall deserve it better hereafter ; remember the galls , for i fear , though i have yet no cause but to be confident in you , yet i desire to have it : as it is remaining yet well , so continue it still , if it be possible ; and if you can , you must send me some good fortune , alas i have need of it ; keep the lord still to me , for that i desire ; be careful that you name me not to any body , for we have so many spies , that you must use all your wits , and all little enough , for the world is against me , and the heavens favour me not , onely happy in your love : i hope you will do me good , and if i be ungrateful , let all mischief come upon me : my lord is lusty and merry , and drinketh with his men , and all the content he gives me is to abuse me , and use me as dogedly as before . i think i shall never be happy in this world , because he hinders my good , and will ever : so remember ( i beg for gods sake ) and get me from this vile place . your affectionate loving daughter , fran. essex . give turner warning of all , but not the lord , i would not have any thing come out for fear of my lord treasurer , for so they may tell my father and mother , and fill their ears full of toyes . there was also shewed in court certain pictures of a man and woman in copulation made in lead , as also a mould of brass , wherein they were cast : a black scarf also full of white crosses , which mrs. turner had in her custody . at the shewing of these and inchanted papers and other pictures in court , there was heard a great crack from the scaffolds , which caused a great fear , tumult , and confusion amongst the spectators , and throughout the hall , every one fearing hurt , as though the devil had been present , and growing angry to have his workmanship shown by such as were not his own schollers ; and this terrour continuing about a quarter of an hour , silence proclaimed , the rest of the cunning tricks were likewise shewed . doctor formans wife being administrix of her husband , found letters in packets , by which much was discovered ; she was in court , and deposed , that mrs. turner came to her house immediately after the death of her husband , and did demand certain pictures which were in her husbands study , namely one picture in wax , very sumptuously appareled in silk and sattins , as also one other picture sitting in form of a naked woman , spreading and laying forth her hair in a looking-glass , which mrs. turner did confidently affirm to be in a box , and that she knew in what part of the study they were . mrs. forman further deposeth , that mrs. turner and her husband would be sometimes three or four hours locked up in his study together : she did depose further , her husband had a ring would open like a watch . there was also shewed a note in court made by doctor forman , and written in parchment , signifying what ladies loved what lords in the court , but the lord chief justice would not suffer it to be read in open court . mrs. turner sent margaret her maid to mrs. forman , and wished that all such letters and papers as did concern the earle of somerset and the countess of essex should be burned , or any other great personages , telling her that the councels warrant should come to search the study , and that all his goods might be seised ; whereupon she and her maid margaret , with the consent of mrs. forman , burnt divers letters and papers , but that she kept some without their privitie . there were also inchantments shewed in court written in parchment , wherein were contained all the names of the blessed trinity mentioned in the scriptures ; and in another parchment cross b. cross c. cross d. cross e. in a third likewise in parchment were written all the names of the holy trinity , as also a figure in which was written this word christus , and upon the parchment was fastned a little piece of the skin of a man . in some of these parchments the devils had particular names , who were conjured to torment the lord somerset and sir arthur manwaring , if their loves should not continue , the one to the countess , the other to mrs. turner ; mrs. turner also confessed , that doctor savorius was used in succession after forman , and practised many sorceries upon the earle of essex his person . mrs. turner being almost close prisoner in one of the sheriffs houses in london , before she was brought to the barr , knew not that weston was executed ; but by the proceedings having understanding thereof , and hearing divers examinations read , it so much dejected her , that in a manner she spake nothing for her self , also examinations and witnesses viva voce that were produced at westons arraignment , and divers others were read again , as the examinations of edward paine , io. vvright , robert freeman , symcock rawlings , payton , vvilliams : one of these examinations gave in evidence , that one franklyn being an apopothecary and drugster , was the provider of all the poysons given to sir tho. overbury . a chyrurgeon there deposed , that he cured franklyn of the pox , and that at several times he demanded of his chyrurgion what was the strongest poyson . the chyrurgeon demanded what he would do with it , franklyn replyes , nothing but for his experience , and to try conclusions . another examination of one merser who had conference with the said franklyn , calling him cousen , who demanded of the examinant , what news ? he answered , ill newes : i am sorry that my old lord and masters son is found insufficient , and not able to content the lady . franklyn replyes , i have a hand in that business , i have a great friend of my lady essex , she allows me 2. s. 6. d. a day for my boat-hire , and 10. s. a week for my dyet , i could have any money if i would . merser replyes , but cousin , how can god bless you in this business ? franklyn answered , let them talk of god that have to do with him : my lord of somerset and the countess will bear me out in any thing i do ; if you have any suit wherein you may do your self any good , and i may gain by it , i will warrant you i will get it . francis deposeth , that franklyn married his sister , and that he thinketh in his conscience she was poysoned ; upon some discontentment he heard him say , he would not be hanged for never a whore or quean of them all . the lord chief justice made a speech upon divers examinations there read , that the earl of somerset gave directions , that of the powder he sent to sir thomas overbury that which should be left should be brought back again , his pretext was that it should make him sick , which should be the ground to make the king grant his liberty , saying further , it would do him good : and he had tarts and jellies sent him likewise by the countess , with express commandment that none must eate of them but sir tho. overb. saying , they would do him no harm . at another time the countess sent tarts , jellies , and vvine , with directions that those which had been formerly sent , should be brought back again , and those last brought should be given him at supper , and then all should be well ; but directions given that neithe lieutanant nor his wife might eate of them , but they might drink of the wine , for in the tarts and jellies there might be letters , but in the wine none ; and afterwards it was openly related and proved by divers examinations , that those words letters were private tokens between the countess and the lieutenant , and weston to give notice what things were poysoned , and what not . in the examination that was of vveston , it was related , that mr. iames told him that the earl his master would pay him for his pains taken with sir tho. overb. then the lord chief justice gave in charge to the jury concerning the evidence they had formerly told them , and heard that vveston at his examination confessed all he had said formerly was true . he further related what a great vexation and grief it was to the king , that somerset onely by making use of his favours and love , so foul a fact was done , as first to be the occasion to put sir tho. overb. to imployments for the embassage of russia . 2. to make him refuse them , and to give right cause for his commitment . 3. to bear him in hand that he would work his liberty , but still aggravated and laboured the contrary , and gave directions to the lieutenant to look surely to him , and to keep him close prisoner , and that he should send to none of his friends , or they to him , urging great matters against him . sir tho. monson was often employed to give directions to the lieutenant therein , a most barbarous course to be so dealt withall onely for a contempt ; concluding that sir tho. overb. was a close prisoner to all his friends , but open to all his enemies ; such as somerset would have , or send to him . the lord chief justice told mrs. turner she had the seven deadly sins , viz. a whore , a bawd , a sorcerer , a murtherer , a witch , a papist , a felone , the daughter of the devil : forman wishing her to repent , and to become the servant of jesus christ , and to pray him to cast out those seven devils . she desires the lord chief to be good to her , saying , she was ever brought up with the countess of somerset , and had been of a long time her servant , and knew not there was poyson in any of those things sent to sir tho. overb. then the jury went forth , and not long after returned , finding her guilty , who being asked what she could say for her self why judgement should not be pronounced against her , she onely desired favour , but could not speak any thing for weeping . then judge crook made another grave speech , exhorting her to repentance , and to prepare her self ready for death , and that the little time which should be assigned her to live , she should not spend it either in labour or imagination to get her life , for that hope was but a vvitch : upon conclusion of which speech he gave judgement , and told her she had a very honorable tryall by such men as he had not seen in his time for one of her rank and quality , and so was delivered to the sheriff . upon the wednesday following she was brought from the sheriffs in a coach to newgate , and was there put into a cart , and casting money often amongst the people as she went , she was carried to tyborn , where she was executed , and whither many men and women of fashion came in coaches to see her dye , to whom she made a speech , desiring them not to rejoyce at her fall , but to take example by her : she exhorted them to serve god , and abandon ill company , and all other sins , relating her breeding with the countess of somerset , having had no other means to maintain her self and her children , but what came from the countess ; and said further , that when her hand was once in this business , she knew the revealing of it would be her overthrow ; by which , with other like speeches , and great penitence there shewed , she moved the spectators to great pitty and grief for her . the proceedings against sir iervas elvis , knight , lieutenant of the tower , at his arraignment at guild-hall , the 16. of novemb. 1615. the form of the indictment was , the malicious aiding , comforting , and abetting of vveston in the poysoning and murthering of sir tho. overb. whereupon it was laid against him as followeth . first , when vveston received the viall of poyson of two inches long , to give sir tho. he having the glass in the one hand , and the broth for sir tho. in the other , meeting the lieutenant , asking him this , sir shall i give it him now ? the lieutenant reproved him , yet that night he gave it him in his broth , ergo , the lieutenant knew of the practise and poysoning of sir tho. overb. et qui non propulsat injuriam cum possit eam infert , cicero . after this was known to be poyson , yet he kept weston still , he favoured , countenanced , and