to the killing of divers princes in the east, by one of whom Amurath the first was slain, and Edward the first of England was wounded, was put down and rooted out by common consent of the Mahometan princes. The Anabaptists, it is true, come nearest. For they profess the pulling down of magistrates: and they can chaunt the psalm, To bind their Kings in chains, and their nobles in fetters of iron. This is the glory of the saints, much like the temporal authority that the Pope challengeth over princes. But this is the difference, that that is a furious and fanatical fury, and this is a sad and solemn mischief: he imagineth mischief as a law; a law-like mischief. 109 As for the defence which they do make, it doth ag gravate the sin, and turneth it from a cruelty towards man to a blasphemy towards God. For to say that all this is in ordine ad spirituale, and to a good end, and for the salvation of souls, it is directly to make God author of evil, and to draw him in the likeness of the prince of darkness; and to say with those that Saint Paul speaketh of, Let us do evil that good may comě thereof; of whom the apostle saith definitively, that their damnation is just. For the destroying of government universally, it is 17 most evident, that it is not the case of protestant princes only, but of catholic princes likewise; as the King hath excellently set forth. Nay, it is not the case of princes only, but of all subjects and private persons. For touching princes, let history be perused, what hath been the causes of excommunication; and namely, this tumour of it, the deposing of Kings; it hath not been for heresy and schism alone, but for collation and investitures of bishopricks and benefices, intruding upon ecclesiastical possessions, violating of any ecclesiastical person or liberty. Nay, generally they maintain it, that it may be for any sin: so that the difference wherein their doctors vary, that some hold that the Pope hath his temporal power immediately, and others but in ordine ad spirituale, is but a delusion and an abuse. For all cometh to one. What is there that may not be made spiritual by con sequence: especially when he that giveth the sentence may make the case? and accordingly hath the miserable experience followed. For this murdering of Kings hath been put in practice, as well against papist Kings as protestant: save that it hath pleased God so to guide it by his admirable providence, as the attempts upon papist princes have been executed, and the attempts upon protestant princes have failed, except that of the Prince of Orange: and not that neither, until such time as he had joined too fast with the Duke of Anjou and the papists. As for subjects, I see not, nor ever could discern, but that by infallible consequence it is the case of all subjects and people, as well as of Kings; for it is all one reason, that a bishop, upon an excommunication of a private man, may give his lands and goods in spoil, or cause him to be slaughtered, as for the Pope to do it towards a King; and for a bishop to absolve the son from duty to the father, as for the Pope to absolve the subject from his allegiance to his King. And this is not my inference, but the very affirmative of Pope Urban the second, who in a brief to Godfrey, bishop of Luca, hath these very words, which cardinal Baronius reciteth in his Annals, Tom. XI. Non illos homicidas arbitramur, qui adversus excommunicatos zelo catholicæ matris ardentes eorum quoslibet trucidare contigerit, speaking generally of all p. 802. excommunications. SIR FRANCIS BACON, KNIGHT, THE KING'S ATTORNEY-GENERAL, AGAINST MR. LUMSDEN, SIR JOHN WENTWORTH, For Scandal and traducing of the King's Justice in the proceedings against WESTON in the Star-Chamber, 10 November, 1615. THE offence wherewith I shall charge the three offenders at the bar, is a misdemeanor of a high nature, tending to the defacing and scandal of justice in a great cause capital. The particular charge is this: " The King amongst many his princely virtues is known to excel in that proper virtue of the imperial throne, which is justice. It is a royal virtue, which doth employ the other three cardinal virtues in her service wisdom to discover, and discern nocent or innocent; fortitude to prosecute and execute; temperance, so to carry justice as it be not passionate in the pursuit, nor confused in involving persons upon light suspicion, nor precipitate in time. For this his Majesty's virtue of justice God hath of late raised an occasion, and erected as it were a stage or theatre, much to his honour, for him to shew it, and act it in the pursuit of the untimely death of Sir Thomas Overbury, and therein cleansing the land from blood. For, my lords, if blood spilt pure doth cry to heaven in God's ears, much more blood defiled with poison. This great work of his Majesty's justice, the more excellent it is, your lordships will soon conclude the greater is the offence of any that have sought to affront it or traduce it. And therefore, before I descend unto the charge of these offenders, I will set before your lordships the weight of that which they have sought to impeach; speaking somewhat of the general crime of impoisonment, and then of the particular circumstances of this fact upon Overbury; and thirdly and chiefly, of the King's great and worthy care and carriage in this business. The offence of impoisonment is most truly figured in that device or description, which was made of the nature of one of the Roman tyrants, that he was lutum sanguine maceratum, mire mingled or cemented with blood: for as it is one of the highest offences in guiltiness, so it is the basest of all others in the mind of the offenders. Treasons magnum aliquid spectant: they aim at great things; but this is vile and base. I tell your lordships what I have noted, that in all God's book, both of the Old and New Testament, I find examples of all other offences and offenders in the world, but not any one of an impoisonment or an impoisoner. I find mention of fear of casual impoisonment: when the wild vine was shred into the pot, they came complaining in a fearful manner; Master, mors in olla. And I find mention of poisons of beasts and serpents; the poison of asps is under their lips. But I find no example in the book of God of impoisonment. I have sometime thought of the words in the psalm, let their table be made a snare. Which certainly is most true of impoisonment; for the table, the daily bread, for which we pray, is turned to a deadly snare but I think rather that that was meant of the treachery of friends that were participant of the same table. But let us go on, It is an offence, my lords, that hath the two spurs of offending; spes perficiendi, and spes celandi: it is easily committed, and easily concealed. It is an offence that is tanquam sagitta nocte volans; it is the arrow that flies by night. It discerns not whom it hits for many times the poison is laid for one, and the other takes it; as in Sanders's case, where the poisoned apple was laid for the mother, and was taken up by the child, and killed the child: and so in that notorious case, whereupon the statutè of 22 Hen. VIII. cap. 9. was made, where the intent being to poison but one or two, poison was put into a little vessel of barm that stood in the kitchen of the bishop of Rochester's house; of which barm pottage or gruel was made, wherewith seventeen of the bishop's family were poisoned: nay, divers of the poor that came to the bishop's gate, and had the broken pottage in alms, were likewise poisoned. And therefore if any man will comfort himself, or think with himself, Here is great talk of impoisonment, I hope I am safe; for I have no enemies; nor I have nothing that any body should long for: Why, that is all one; for he may sit at table by one for whom poison is prepared, and have a drench of his cup, or of his pottage. And so, as the poet saith, concidit infelix alieno vulnere; he may die another man's death. And therefore it was most gravely, and judiciously, and properly provided by that statute, that impoisonment should be high treason; because whatsoever offence tendeth to the utter subversion and dissolution of human society, is in the nature of high treason. Lastly, it is an offence that I may truly say of it, non est nostri generis, nec sanguinis. It is, thanks be to God, rare in the isle of Britain: it is neither of our country, nor of our Church; you may find it in Rome or Italy. There is a region, or perhaps a religion for it: and if it should come amongst us, certainly it were better living in a wilderness than in a court. For the particular fact upon Overbury. First, for the person of Sir Thomas Overbury: I knew the gentleman. It is true, his mind was great, but it moved not in any good order; yet certainly it did commonly fly at good things; and the greatest fault that I ever heard of him was, that he made his friend his idol. But I leave him as Sir Thomas Overbury. But take him as he was the King's prisoner in the Tower; and then see how the case stands. In that place the state is as it were respondent to make good the body of a prisoner. And if any thing happen to him there, it may, though not in this case, yet in some |