the charge against mr I S for scandalize and traduce in the public session  letter send from the lord of the Council touch the benevolence my lord I shall  inform you over as far as against this gentleman mr I S a gentleman as it seem  of a ancient house and name but for the present I can think of he by no other  name then the name of a great offender the nature and quality of his offence  in sum be this this gentleman have upon advice not sudden by his pen nor by  the slip of his tongue not private or in a corner but public as it be to the  face of the king minister and justice slander and traduce the king our  sovereign the law of the land the parliament and infinite particular of his  majesty worthy and love subject nay the slander be of that nature that it may  seem to interest the people in grief and discontent against the state whence  may have ensue matter of murmur and sedition so that it be not a simple  slander but a seditious slander like to that the poet speak of Calamos{que  to furnish with weapons poison a venomous Dart that have both iron and poison  to open to your lordship the true state of this offence I will set before you  first the occasion whereupon mr I S wrought thn the offence it self in his own  word and last the point of his charge my lord you may remember that there be  the last parliament a expectation to have have the king supply with Treasure  although the event fail herein it be not fit for I to give opinion of a house  of parliament but I will give testimony of truth in all place I serve in the  low house and I observe somewhat this I do affirm that I never can perceive  but that there be in that house a general disposition to give and to give  large the clock in the house perchance may differ some go too fast some go too  slow but the disposition to give be general so that I think I may true say  Solo tempore lapsus love this accident happen thus beside expectation it stir  up and awake in diverse of his majesty worthy servant and subject of the  clergy the nobility the court and other here nea at hand a affection love and  cheerful to present the king some with plate some with money as a freewill  offer a thing that God almighty love a cheerful Givr what a evil eye do I know  not and my lord let I speak it plain unto you God forbid any body shall be so  wretched as to think that the obligation of love and duty from the subject to  the king shall be joint and not several no my lord it be both the subject  petition to the king in parliament he petition likewise out of parliament the  king on the other side give grace to the subject in parliament he give they  likewise and pour they upon his people out of parliament and so no doubt the  subject may give to the king in parliament and out of parliament it be true  the parliament be intervention magnus the great intercourse and main current  of grace and donative from the king to the people from the people to the king  but parliament be hold but at certain time whereas the passage be always open  for particular Even as you see great river have their tide but particular  spring and fountain run continual to proceed therefore as the occasion which  be the fail of supply by parliament do awake the love and benevolence of those  that be at hand to give so it be apprehend and think fit by my lord of the  Council to make a proof whether the occasion and example both will not awake  those in the country of the better sort to follow whereupon their lordship  devise and direct letter unto the sheriff and justice which declare what be do  here above and wish that the country may be move especial man of valve now my  lord I beseech you give I favour and attention to set forth and observe unto  you five point I will number they because other man may note they and I will  but touch they because they shall not be drown or lose in discourse which I  hold worthy the observation for the honour of the state and confusion of  slander whereby it will appear most evident what care be take that that which  be then do may not have the effect no nor the show no nor so much as the  shadow of a tax and that it be so far from breed or bring in any ill precedent  or example as contrary wise it be a corrective that do correct and allay the  harshness and danger of former example the first be that what be do be do  immediate after such a parliament as make general profession to give and be  interrupt by to fall upon so as you may true and just esteem it tanquam  posthum proles parliament as a after child of the parliament and in pursuit in  some small measure of the firm intent of a parliament pass you may take it  also if you will as a advance or provisional help until a future parliament or  as a gratification simple without any relation to a parliament you can no way  take it amiss the second be that it wrought upon example as a thing not devise  or project or require no nor so much as recommend until many that be never  move nor deal with ex mero movement have free and frank send in their present  so that the letter be rather like letter of news what be do aLondon then  otherwise and we know exempla ducun non trant example they do but lead they do  not draw nor drive the three be that it be not do by Commission under the  great seal a thing warrant by a multitude of precedent both ancient and of  late time as you shall hear anon and no doubt warrant by law so that the  commission be of that style and tenor as that they be to move and not to levy  but this be do by letter of the Council and no high hand or from the fouth I  that these letter have no manner of show of any bind Act of state for they  contai not any special frame of direction how the business shall be manage but  be write as upon trust leave the matter whole to the industry and confidence  of those in the country so that it be a without Compoto such a from of letter  as no man can fit be call to account upon the five and last point be that the  whole carriage of he business have no circumstance compulsory there be no  proportion or rate et down not so much as by way of a wish there be no menace  of any that shall deny no reproof of any that do deny no certify of the name  of any that have deny indeed if man can not content themselves to deny but  that they must censure and inveigh nor to excuse themselves but they must  accuse the state that be another case but I say for deny no man be apprehend  no nor note so that I very think that there be none so subtle a disputer in  the controversy of book arbitration that can with all his distinction fasten  or carp upon the Act but that there be free will in it I conclude therefore my  lord that this be a true and pure benevolence not a imposition call a  Benevelence which the statute speak of as you shall hear by one of my fellow  there be a great difference I tell you though Pilate will not see it between  king Iudaeorum and see dcens king Iudaeorum and there be a great difference  between a benevolence and a exaction call a benevolence which the duke of  Buckingham speak of in his oration to the city and define it to be not what  the subject of his good will will give but what the king of his good will will  take but this I say be a benevolence wherein every man have a prince  prerogative a negative voice and this word excuse moi be a plea peremptory and  therefore I do wonder how mr I S can foul or trouble so clear a fountain  certain it be but his own bitterness and unsound humour now to the particular  charge among other country these letter of the lord come to the justice of  D-shire who signify the content thereof and give direction and appointment for  meeting concern the business to several town place within that county and  among the rest notice be give unto the town of a the major of a conceive that  this mr I S be a principal person and a dweller in that town be a man likely  to give both money and good example deal with he to know his mind he intend as  it seem to play prize will give no answer to the major in private but will  take time the next day then be a appointment of the justice to meet he take  occasion or pretend occasion to be absent because he will bring his paper upon  the stage and thereupon take pen in hand and in stead of excuse himself set  down and contrive a seditious and a little book accusation against the king  and state which your lordship shall now hear and send it to the major and  witall because the feather of his quill may fly abroad he give authority to  the major to impart it to the justice if he so think good and now my lord  because I will not mistake or misrepeat you shall hear the seditious libel in  the proper term and word thereof here the paper be read my lord I know this  paper offend your ear much and the ear of any good subject and sorry I be that  the time shall produce offence of this nature but since they do I will be more  sorry they shall be pass without severe punishment non to give up factum as  the verse say alter a little or si to give up fact likewise to give up penalty  if any man have a mind to discourse of the fact let he likewise discourse of  the punishment of the fact in this write my lord there appear a monster with  four head of the progeny of he that be the father of lie and take his name  from slander the first be a wicked and seditious slander or if I shall use the  scripture phrase a blaspheme of the king himself set he forth for a prince  perjure in the great and solemn oath of his coronation which be as it be the  knot of the diadem a prince that shall be a violate and infringer of the  liberty law and custom of the kingdom a mark for a h the that a match for a r  the d the second be a slander and falsification and wrest of the law of the  land gross and palpable it be true say by a civilian torture law bad the  torture of law be worse then the torture of man the three be a slander and  false charge of the parliament that they have deny to give to the king a point  of notorious untruth and the last be a slander and taunt of a infinite number  of the king love subject that have give towards this benevolence and free  contribution charge they as accessary and coadjutor to the king perjury nay  you leave we not there but you take upon you a pontifical habit and couple  your slander with a curse but thank be to God we have learned sufficient out  of the scripture that as the bird fly away so the causeless curse shall not  come for the first of these which concern the king I have take to my self the  open and aggravation thereof the other three I have distribute to my fellow my  lord can but enter into this part with some wonder and astonishment how it  shall come into the heart of a subject of England to vapour forth such a  wicked and venomous slander against the king who goodness grace be comparable  if not incomparable unto any the king his progenitor this therefore give I a  just necessary occasion to do two thing the one to make some representation of  his majesty such as true he be find to be in his government which mr I S  charge with violation of law and liberty the other to search and open the  depth of mr I S his offence both which I will do brief because the one I can  express sufficient and the other I will not press too far my lord I mean to  make no panegyric or laudative the king delight not in it neither be I fit for  it but if it be but a councillor or nobleman who name have suffer and be to  receive some kind of reparation in this high court I will do he that duty as  not to pass his merit and just attribute especial such as be limit with the  present case in silence for it be fit to burn incense where evil odour have be  cast and raise be it so that king James shall be say to be a violater of the  liberty law and custom of his kingdom or be he not rather a noble and constant  protector and conservator of they all I conceive this consist in maintain  religion and the true church in maintain the law of the kingdom which be the  subject birth right in temperate use of the prerogative in due and free  Administration of justice and conservation of the peace of the land for  religion we must ever acknowledge in first place that we have a king that be  the principal conservator of true Relgion through the Christian world he have  maintain it not only with sceptre and sword but likewise by his pen wherein  also he be potent he have awake and reauthorized the whole party of the reform  religion throughout Europe which through the insolency and diverse artifice  and enchantment of the adverse part be grow a little dull and deject he have  summon the fraternity of king to infranchise themselves from the usurpation of  the see of Rome he have make himself a mark of contradiction for it neither  can I omit when I speak of religion to remember that excellent Act of his  majesty which though it be do in a foreign country yet the church of God be  one and the contagion of these thing will soon pass sea and land I mean in his  constant and holy proceed against the heretic vorstius who be ready to enter  into the chair and there to have authorize one of the most pestilent and  heathenish heresy that ever be begin his majesty by his constant opposition  dismount and pull down and I be persuade there sit in this court one who God  do the rather bless for be his majesty instrument in that service I can  remember religion and the church but I must think of the seed plot of the same  which be the university his majesty as for learning among king he be  incomparable in his person so likewise have he be in his government a benig or  benevolent planet towards learning by who influence those nursery and garden  of learning the university be never mor in flower nor fruit for the maintain  of the law which be the hedge and fence about the liberty of the subject I may  true affirm it be never in better repair he do concur with the vote of the  noble  not law England to move he be a enemy of innovation neither do the  universality of his own knowledge carry he to neglect or pass over the very  from of the law of the land neither be there ever king I be persuade that do  consult so oft with his judge as my lord that sit here know well the judge be  a kind of Council of the king by oath and ancient institution but he use they  so indeed he confer regular with they upon their Retrnes from their visitation  and circuit he give they liberty both to inform he and to debate matter with  he and in the fall and conclusion common rely on their opinion as for the use  of the prerogative it run within the ancient channel and bank some thing that  be conceive to be in some proclamation commission and patent as overflow have  be by his wisdom and care reduce whereby no doubt the main channel of his  prerogative be so much the strong for evermore overflow do hurt the channel as  for Administration of justice between party and party I pray observe these  point there be no news of great seal or signet that fly abroad for countenance  or delay of cause protection rare grant and only upon great ground or by  consent my lord here of the Council and the king himself meddle not as have be  use in former time with matter of meum and tuum except they have apparent  mixture with matter of estate but leave they to the king court of law or  equity and for mercy and grace without which there be no stand before justice  we see the king now have reign year in his white robe without almost any  Asprsion of the Crimsn die of lood there sit my lord Hobrt hat serve Aturney  seven year I serve with he we be so happy as there pass not through our hand  any one arraignment for treason and but one for any capital offence which be  that of the lord Sanquier the noble piece of justice one of they that ever  come orth in any king time as for Penal law which lie as snare upon the  subject and which be as a nemo seit to king Henry it yield a revenue that will  scarce pay for the parchment of the king record at Westminster and last for  peace we see manifest his majesty bear some resemblance of that great name a  prince of peace he how preserve his subject during his reign in peace both  within and wihout for the peace with state abroad we have it usque and  a sufficiency and for peace in the lawyer phrase which count trespass and  force and riot to be contra peace Le I give your lordship this token or taste  that this court where they shall appear have never less to do and certain  there be no better sign of all be then when this court be in a still but my  lord this be a sea of matter and therefore I must give it over and conclude  that there be never king reign in this nation that do better keep covenant in  preserve the liberty and procure the good of his people so that I must needs  say for the subject of England oh to make prosperous too to sew si good  to swim as no doubt they do both know and acknowledge it whatsoever a few  turbulent discourser may through the lenity of the time take boldness to speak  and as for this particular touch the benevolence wherein mr I S do assign this  breach of covenant I leave it to other to tell you what the king may do or  what other king have do but I have tell you what our king and my lord have do  which I say and say again be so far from introduce a new precedent as it do  rather correct and mollify and qualify former precedent now mr I S let I tell  you your fault in few word for that I be persuade you see it already though I  woo no man repentance but I shall as much as in I be cherish it where I find  it your offence have three part knit together your slander your menace and  your comparison for your slander it be no less then that the king be perjure  in his coronation oath no great offence then perjury no great oath then that  of a coronation I leave it it be too great to aggravate your menace that if  there be a Bulling break or I can tell what there be matter for he be a very  seditious passage you know well that howsoever Henry the four Act by a secret  providence of God prevail yet it be but a usurpation and if it be possible for  such a one to be this day wherewith it seem your dream be trouble I do not  doubt his end will be upon the block and that he will soon have the raven sit  upon his head at London bridge then the crown at Westminster and it be not  your interlace of your God forbid that will salve these seditious speech  neither can it be a before warning because the matter be pass and not  revocable but a very stir up and incense of the people if I shall say to you  for example if these time be like some former time of king h or some other  time which God forbid mr I S it will cost you your life I be sure you will not  think this to be a gentle warning but rather that I incense the court against  you and for your comparison with r the I see you follow the example of they  that bring he upon the stage and into print in queen Elizabeth time a most  prudent and admirable queen but let I entreat you that when you will speak of  queen Elizabeth or king James you will compare they to king h the that or king  Edward or some other parallel to which they be like and this I will wish both  you and all to take heed of how you speak seditious matter in parable or by  trope or example there be a thing in a indictment call a innuendo you must  beware how you beckon or make sign upon the king in a dangerous sense but I  will contain my self and press this no further I may hold you for turbulent or  presumptuous but I hope you be not disloyal you be gracious and merciful deal  with and therefore have now oened to my lord and as I think to your own heart  and conscience the principal part of your offence which concern the king I  leave the rest which concern the law parliament and the subject that have give  to mr sergeant and mr solicitor the charge of Owen indict of high treason in  the king bench by sir Francis Bacon knight his majesty attorney general the  treason wherewih this man stand charge be for the kind and nature of it  ancient as ancient as there be any law of England but in the particular late  and upstart and again in the manner and boldness of the present case new and  almost unheard of till this man of what mind he be now I know not but I take  he as he be and as he stand charge for high treason be not write in ice that  when the body relent the impression shall go away in this Cause the evidence  it self will spend little time time therefore will be best spend in open full  the nature of treason with the circumstance thereof because the example be  more then the man I think good therefore by way of inducement and declaration  in this Cause to open unto the court jury and hearer five thing the first be  the clemency of the king because it be news and a kind of rarety to have a  proceed in this place upon treason and perhaps it may be marvel by some why  after so long a intermission it shall light upon this fellow be a person but  contemptible a kind of venomous fly and a hang by of the seminary the second  be the nature of this treason as concern the fact which of all kind of compass  the king death I hold to be the most perilous and as much differ from other  conspiracy as the lift up of a hand against the king like the giant Briareus  differ from lift up one or a few hand the three point that I will speak unto  be the doctrine or opinion which be the ground of this treason wherein I will  not argue or speak like a divine or scholar but as a man breed in a civil life  and to speak plain I hold the opinion to be such that deserve rather  detestation then contestation the four point be the degree of this man offence  which be more presumptuous then I have know any other to have fall into in  this kind and have a great overflow of malice and treason and five I will  remove somewhat that may seem to qualify and extenuate this man offence in  that he have not affirm simple that it be lawful to kill the king but  conditional that if the king be excommunicate it be lawful to kill he which  make little difference either in law or peril for the king clemency I have say  it of late upon a good occasion and I still speak it with comfort I have now  serve his majesty solicitor and attorney eight year and better yet this be the  first time that ever I give in evidence against a traitor at this bar or any  other there have not want matter in that party of the subject whence this kind  of offence flow to irritate the king he have be irritate by the powder treason  which may have turn judgement into fury he have be irritate by wicked and  monstrous libel irritate by a general insolency and presumption in the papist  throughout the land and yet I see his majesty keep caesars rule nil evil how  os be simile Himself I he leave they to be like themselves and he remain like  himself and strive to overcome evil with goodness a strange thing bloody  opinion bloody doctrine bloody example and yet the government still unstained  with blood as for this Owen that be bring in question though his person be in  his condition contemptible yet we see by miserable example that these wretch  which be but the scum of the earth have be able to stir earth quake by murder  of prince and if it be in case of contagion as this be a contagion of the  heart and soul a rascal may bring in a plague into the city as well as a great  man so it be not the person but the matter that be to be consider for the  treason it self which be the second point my desire be to open it in the depth  thereof if it be possible but it be bottomless and so the civil law say  a swearing together all poditionum odiosissimae destructive against hostile  invasion and the adherence of subject to nemies king can arm rebellion must go  over the body of many good subject before they can hurt the king but  conspiracy against the person of king be like Thunder bolt that strike upon  the sudden hardly to be avoid major metus a one say he how ab whole world  there be no preparation against they and that preparation which may be of  Guard or custody be a perpetual misery and therefore they that have write of  the privilege of ambassador and of the amplitude of SafeConducts have define  that if a ambassador or a man that come in upon the high safe conduct do  practice matter of sedition in a state yet by the law of nation he ought to be  remand but if he conspire against the life of a prince by violence or poison  he be to be justiced because odium be omni privilegi majus nay even among  enemy and in the most deadly war yet nevertheless conspiracy and assassinate  of prince have be account villainous and execrable the manner of conspire and  compass the king death be many but it be most apparent that among all the rest  this surmount first because it be ground upon pretence religion which be a  trumpet that inflame the heart and power of a man with dare and resolution  more than any thing else second it be the hard to be avoid for when a  particular conspiracy be plot or attempt against a king by some one or some  few conspirator it meet with a number of impediment common he that have the  head to devise it have not the heart to undertake it and the person that be  use sometime fail in courage sometime fail in opportunity sometime be touch  with remorse but to publish and maintain that it may be lawful for any man  live to attempt the life of a king this doctrine be a venomous Sop or as a  legion of malign spirit or a universal temptation do enter at once into the  heart of all that be any way prepare or of any predisposition to be traitor so  that whatsoever fail in any one be supply in many if one man faint another  will dare if one man have not the opportunity another have if one man relent  another will be desperate and three particular conspiracy have their period of  time within which if they be not take they vanish but this be endless and  import perpetuity of spring conspiracy and so much concern the nature of the  fact for the three point which be the doctrine that upon a excommunication of  the pope with sentence of depose a king by any son of Adam may be slaughter  and that it be justice and no murder and that their subject be absolve of  their allegiance and the king themselves expose to spoil and prey I say before  that I will not argue the subtlety of the question it be rather to be speak  too by way of accusation of the opinion as impious then by way of dispute of  it as doubtful nay I say it deserve rather some Holy-war or league among all  Christian prince of either religion for the extirpate and raze of the opinion  and the author thereof from the face of the earth then the style of pen or  speech therefore in thy kind I will speak to it a few word and not otherwise  nay I protest if I be a papist I shall say as much nay I shall speak it  perhaps with more ndignation and feel for this horrible opinion be our  advantage and it be their reproach and will be their ruin this monster of  opinion be to be accuse of three most evident and most miserable slander first  of the slander it bring to the Christian faith be a plain plantation of  irreligion and atheism second the subversion which it introduce into all  policy and government three the great calamity it bring upon papist themselves  of which the more moderate sort as man mislead be to be pity for the first if  a man do visit the foul and pollute opinion custom or practice of heathenism  mahometism and heresy he shall find they do not attain to this height take the  example of damnable memory among the heathen the proscription in Rome of Sulla  and afterward of the triumvir what be they they be but of a finite number of  person and those not many that be expose unto any man sword but what be that  to the proscribe of a king and all that shall take his part and what be the  reward of a soldier that among they kill one of the proscribe a small piece of  money but what be now the reward of one that shall kill a king the kingdom of  heaven the custom among the heathen that be most scandalize be that sometime  the priest sacrifice man but yet you shall not read of any priesthood that  sacrifice king the Mahometns make it a part of their religion to propagate  their sect by the sword but yet still by honourable war never by villainy and  secret murder nigh I find that the Saracen prine of who the name of the  ssassins be derive which have diverse Votaies at commandment which he send and  employ to the kill of diverse prince in the east by one of who Amurath the  first be slay and Edward the first of England be wound be put down and root  out by common consent of the mahometan prince the anabaptist it be true come  near for they profess the pull down of magistrate and they can chant the psalm  to bind their king in chain and their noble in fetter of iron this be the  glory of the saint mch like the temporal authority that the pope challenge  over prince but this be the difference that that be a furious and fanatical  fury and this be a sad and solemn mischief he imagine mischief as a law a  lawlike mischief as for the defence which they do make it do aggravate the sin  and turn it from a cruelty towards man to a blasphemy towards God for to say  that all this be in row and spiritual and to a good end and for the salvation  of soul it be direct to make God author of evil and to draw he into the  likeness of the prince of darkness and to say with those that saint Paul speak  of let we do evil that good may come thereof of who the apostle say  dfinitively that their damnation be just for the destroy of government  universal it be most evident that it be not the case of protestant prince only  but of catholic prince likewise as the king have excellent set forth nay it be  not the case of prince only but of all subject and private person for touch  prince let history be peruse what have be the cause of excommunication and  namely this tumour of it the depose of king it have not be for heresy and  schism alone but for collation and investiture of bishopric and Benefies  intrude upon ecclesiastical possession violate of any ecclesiastical person or  liberty nay general they maintain it that it may be for any sin so that the  difference wherein their doctor vary that some hold that the pope have his  temporal power immediate and other but in row and spiritude be but a delusion  and a abuse for all come to one what be there that may not be make spiritual  by consequence special when he that give the sentence may make the case and  accord have the miserable experience follow for this murder of king have be  put in practice as well against papist king as protestant save that it have  please God so to guide it by his admirable providence as the attempt upon  papist prince have be execute and the attempt upon protestant prince have fail  except that of the prince Aurange and not that neither until such time as he  have join too fast with the duke of Anjou and the papist the rest be want