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uttered, she was taken and pinched at the heart, and felt a sodaine weaknesse in all the parts of her body; yet her appetite to meate nothing diminished, and so continued for the space of three weekes; in which time, when she was any thing well, would come to the doore, and leane upon the stall, whom this Marie Smith seeing, did ever banne, adding the former curse, the poxe light upon you, can you yet come to the doore? and at the end of these three weekes, beeing but very weake, came foorth as shee used to doe, to take the ayre, this mischievous woman most bitterly cursed her againe, whereupon she went into the house, fell into such a torturing fit, and nipping at the heart, that she fainted, hardly recoverable for the space of halfe an houre, and so grievously racked and tormented through all parts of her body, as if the very flesh had beene torne from the bones, by the violent paine whereof she could not refraine, but tore the haire from off her head, and became as one distraught, bereaved of sence, and understanding and the same night the bed whereon she Jay, was so tossed, and lifted up and downe, both in her owne feeling, and in the sight of others, then present beholders of her extreami- | ties, by the space of one houre or more, that she was therewith exceedingly terrified, and did thinke oftentimes in her sleepe, that she did see this Marie Smith standing before her. And this fit continued sixteene houres, during which passion Edward Drake her father came to the towne, touched with griefe for this torture of his daughter (as parents hearts are relenting and tender, and naturall compassion is soone stirred up in them) tooke her urine, went to one for his advice (whose fact herein is no way justifiable, and argued but a small measure of religion, and the knowledge of God in him) who first tolde unto him the cause of his comming, that is, to seeke help for his daughter, and then added, that she was so farre spent, that if hee had stayed but one day longer, the woman who had wronged her, would have spent her heart, and so become unrecoverable, and thereupon shewed him her face in a glasse; and further, opened the beginning cause of falling out, which was for a hen, which before this, Drake neither knew nor heard of, and then gave his counsell for remedy, which was the matter sought for and desired, and that was in this order. To make a cake with flower from the bakers, and to mix the same instead of other liquor, with her owne water, and bake it on the harth, whereof the one half was to be applyed and laid to the region of the heart, the other halfe to the back directly opposit; and further, gave a box of ointment like triacle, which must be spread upon that cake, and a powder to be cast upon the same, and certaine words written in a paper, to be layd on likewise with the other, adding this caveat, that if his daughter did not amend within six houres after the taking of these receits, then there was no health or recovery to be looked for: and farther, wished silence to be kept herein, for

the woman who had done this, would know any thing.

And being thus furnished with instructions, and returning home, as hee alighted from his horse to enter into that house where his daughter lay (being the next unto Mary Smiths) shee then stood leaning over her shop window, whom hee knew to be that person, which was shewed unto him, and she cursed him passing by, and told his daughter that her father had beene with a wisard. And the next day following after they had put in practice the directions given, she affirmed to divers of the neighbours, that Drake the afflicted womans father, had beene to aske counsell, and made a witch cake, but shee would learne how they came to have that knowledge: yet for the present she found helpe, and was freed from the lan guishing and other conflicts wherewith she was assaulted by the space of sixe weekes.

After this, being married unto Iames Scot, a great cat which kept with this witch (of wuose infernall both purposes and practises wee now speake) frequented their house; and upon doing some scathe, her husband moved ther with, thrust it twice through with his sword: which notwithstanding those wounds received, ran away: then he stroke it with all his force upon the head with a great pike staffe, yet could not kill her; but shee leapt after this upward almost a yard from the boords of that chamber where she now was, and crept downe: which hee perceiving, willed his lad (a boy of foureteene yeares) to dragge her to the muckhill, but was not able; and therefore put her into a sacke, and being in the same, she still moved and stirred. Whereupon they put her out againe, and cast her under a paire of staires, purposing in the morning, to get more helpe, and carry her away; but then she could not be found, though all the doores that night were locked, and they never heard what afterward became thereof.

Not long after, this witch came forth with a birchin broome, and threatened to lay it upon the head of Elizabeth Scot, and defiled her cloathes therewith, as she swept the street be fore her shop doore, and that in the sight of her husband, who not digesting this indignity offered unto his wife, threatened that if she had any such fits, as she endured being a widow before marriage, hee would bang her. At this she clapped her hands, and said hee killed her cat. And within two or three dayes after this interchange of words betweene them, his wife was perplexed with the like paine and griefe at her heart, as formerly shee had beene; and that for two dayes and a night: wherefore her husband went to this wrathfull and malicious person, assuring that if his wife did not amend, hee would accuse her to the magistrate, and cause the rigor of the law to be executed upon her, which is due to such malefactors. These things were done some three yeares sithence. The party troubled yet liveth, but in no confirmed health, nor perfect soundnesse of body.

Her wicked practices against Cicely Balye.

his sore legge, and would heale it; but rising to shew the same, perceiving hee had cloven A third subiect whereupon this wrathfull feet, refused that offer, who then (these being womans anger wrought, was Cicely Balye, then no vaine conceits, or phantasies, but well adservant to Robert Coulton, now wife of Wil-vised and diligently considered observances) Liam Vaux, who sweeping the street before her soddenly vanished out of sight. After this she maisters doore upon a Saturday in the evening, sent her impes, a toad, and crabs crawling Mary Smith began to picke a quarrell about the about the house, which was a shoppe planmanner of sweeping, and said unto her she chered with boords, where his servants (hee was a great fat-tailed sow, but that fatnesse being a shooe-maker) did worke: one of which should shortly be pulled downe and abated. tooke that toad, put it into the fire, where it And the next night being Sunday immediately made a groaning noyse for one quarter of an following, a cat came unto her, sate upon her houre before it was consumed; during which breast, with which she was grievously tor- time Mary Smith who sent it, did endure, (as mented, and so oppressed, that she could not was reported) torturing paines, testifying the without great difficulty draw her breath, and at felt griefe by her out-cryes then made." the same instant did perfectly see the said Mary in the chamber where she lay, who (as she conceived) set that cat upon her, and immediately after fell sicke, languished, and grew exceeding leane; and so continued for the space of halfe a yeare together, during the whole continuance in her maister's service; untill departing from him, she dwelt with one mistress Garroway, and then began to bee amended in her health, and recover of her former pining sicknesse: for this witch had said, that so long as she dwelt neare her, she should not be well, but grow from evill to worse,

Thus every fight trifle (for what can bee lesse then sweeping of a little dust awry?) can minister matter to set on fire a wrathfull indignation, and inflame it unto desired revenge, the Divell being willing to apprehend and take hold upon such an occasion, that so he might do some pleasing office to his bond-slave, whom she adored in submisse maner, upon her knees, with strange gestures, uttering many murmuring, broken, and imperfect speeches, as this Cicely did both heare and see, there being no other partition between the chamber wherein shee performed these rites, and the house of her maister with whom she then dwelt, but only a thin seeling of boord, through a cranny or rift whereof she looked, listened attentive unto her words, and beheld diligently her behaviour, and might have seene and heard much more, but that she was with the present spectacle so affrighted, that shee hasted downe in much feare and distemper.

Her wicked practice against Edmund Newton, The fourth endammaged by this hagge, was one Edmund Newton: the discontentment did arise from this ground; because hee had bought severall bargaines of Holland cheese, and sold them againe, by which she thought her benefit to be somewhat impaired, using the like kinde of trading. The manner of her dealing with him was in this sort. At every severall time of buying cheese he was grievously afflicted, being thrice, and at the last, either she or a spirit in her likenesse did appeare unto him, and whisked about his face (as he lay in bed) a wet cloath of very loathsome savour; after which hee did see one cloathed in russet with a little bush beard, who told him hee was sent to looke upon

VOL. II.

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The sicknesse which he first sustained, was in manner of a madnesse or phrensie, yet with some interposed release of extremity: so that for thirteene or foureteene weekes together hee would be of perfect memory, other times distracted and deprived of all sense. Also the ioynts and parts of his body were benummed, besides other pains and griefes from which hee is not yet freed, but continueth in great weaknesse, disabled to performe any labour, whereby hee may get sufficient and competent maintenance. And by the councel of some, sending for this woman by whom hee was wronged, that he might scratch her (for this hath gone as currant, and may plead prescription for warrant, a foule sinne among Christians to thinke one witch-craft can drive out another) his nailes turned like feathers, having no strength to lay his hands upon her.

And it is not improbable but that she had dealt no better with others then these above mentioned. For Mr. Thomas Yonges of London, fishmonger, reported unto me, that after the demand of a debt due unto Mr. John Mason, silkeman of the same cit e, whose widow hee married, from Henry Smith glover her husband, some execrations and curses being wished unto him, within three or foure dayes (being then gone to Yarmouth in Norfolke upon necessary businesse) he there fell sicke, and was tortured with exceeding and massacring griefes, which by no meanes (having used the advise of sundry learned and experienced physitians in Norwich) could in any part be mitigated, and so extraordinarily vexed thirteene moneths, was constrained to go on crutches, not being able to feed himselfe, and amended not before this mischievous woman was committed to prison (accused for other wickednesses of the like kinde) at which time (so neere as he could coniecture) he then received some release of his former pains, though at the present when hee made this relation, which was at Candlemas last past, had not perfectly recovered his wonted strength: for his left hand remained lame, and without use.

But thus much by the way onely, omitting how before this accident a great water-dogge ran over his bed, the doore of the chamber where he lay being shut, no such one knowne (for carefull enquiry was made) either to have 3 Y

beene in that house where hee lodged, or in the whole towne at any time.

being asked, if she would be contented to have a psalme sung, answered willingly that she desired the same, and appointed it herselfe, the Lamentation of a Sinner, whose beginning is, Lord turne not away thy face, &c. And after the ending thereof thus finished her life: so that in the iudgement of charity we are to conceive the best, and thinke she resteth in peace, notwithstanding her heynous transgressions formerly committed: for there is no malady incurable to the Almighty physitian, Esai. 1, 18. Ezech. 33, 11. Therefore Caine did injury to God, when convicted of the barbarous and unnaturall murther of his righteous brother, he cryed out that his sinne was greater then could be forgiven, Gen. 4, 13. for Gods mercy is greater then mans misery can be. And even for the

I doe not insist upon this, because shee did not nominate him or any other unto us, but onely those foure already expressed and for the wrongs done to them, she craved mercy at Gods hands, as for all other her sins, and in particular for that of witch-craft, renounced the Divell, embraced the mercies of God purchased by the obedience of Iesus Christ, and professed that her hope was only by his suffering and passion to bee saued. And all these, that is to say, her former grievous offences comnitted against God, and his people, her deliance of the Divell, and reposing all confidence of saluation in Christ Iesus alone, and his merits, she in particular maner confessed openly at the place of execution, in the audi-like unto this very fact, we have a booke case, ence of multitudes of people gathered together (as is usuall at such times) to be beholders of her death. And made there also profession of her faith, and hope of a better life herea'ter; and the meanes whereby she trusted to obtaine the same, as before, hath beese specified. And

already adiudged, and over-ruled in those Ephesians, who brought their coniuring bookes, sacrificed them in the fire, æstimated at the value of 900l. of our money, repented of their sinnes, and obtained mercy, Acts 19, vers. 19.

113. Proceedings against Mr. WRAYNHAM, in the Star-Chamber, for Slandering the Lord-Chancellor Bacon of Injustice, Pasch, 16 JAMES I. A. D. 1618.* BEFORE the duke of Lenox; the earl of Suffolk, lord treasurer; the earl of Worcester, lord privy seal; the earl of Pembroke, lord chamberlain; the earl of Arundel; Viscount Wallingford; sir Fu'ke Greville, chancellor of the exchequer; Dr. Abbot, lord archbishop of Canterbury; Dr. King, bishop of London; Dr. Andrews, bishop of Ely; sir Edward Montague, 1. c. justice of the King'sbench; sir Henry Hobart, 1. c. justice of the Common Pleas; sir Laurence Tanfield, Lord chief baron of the Exchequer; sir Edward Coke; sir Thomas Lake, principal secretary; sir Henry Cary, comptroller.

Sir Henry Yelverton, Attorney GeneralMay it please your Lordships; It is the honour of this Court, that it represents the highest earthly majesty, and his presence; and it is his majesty's honour, that as himself is clothed with justice, so you, as the greatest and highest next his ma

It should seem from the proceedings against Wraynhain for libelling lord Bacon with regard to one of his Decrees, that the Chancellors sometimes decided causes rather in a more summary manner than is usual at present. See also what Roper, as quoted by Mr. Barrington, says of sir Thomas More's often stopping proceedings upon his perusal of bills preferred to him. Among other curious particulars to be inferred from this trial, it is very clear that the Master of the Rolls was then considered only as the first Master in Chancery, as his reports are frequently alluded to. See Barrington Observations on

stat. 15 Ilen. 6.

jesty, should put on the same garment. Clenency and justice are the two lights of every kingdom, without which your persons and estates would be exposed to violence, and without which great monarchies would be but great thefts; and as justice is not to be recompensed in price, so ought not the scandal hereof to go unpunished; especially, when it toucheth so great a person, as, in the sacred seat of justice, is next to the king; the Chief Judge in this Court, and the sole Judge in Chancery, who is much defamed by the gentleman at the bar, in the most precious point of all his virtues, his Justice: be it spoken without offence, basely and blamelessly is my Lord Chancellor traduced, as if he deserved that all the thunderbolts of heaven should fall upon him.

At my lord's first coming into this place, he found a Cause in Chancery, between this gentleman at the bar, and one Mr. Fisher, not controverted in the title, but concerning the value of the lease, which Fisher held of, Wraynham; in which, the Lord Chancellor perused the proceedings of the cause, called the parties to give a summary end to so tedious a cause; and because the success answered not the desire of this gentleman, therefore he kicks against authority, who before was not more grieved at the expence, than now impatient at the sentence; which was not want of justice in my lord, but of equity in the cause.

I confess I was of counsel with Mr. Wravnham, and pressed his cause as far as equity would suffer; but I know that Judges look with other eyes than Counsellors do; they go not

by tale, but by weight. And therefore, their judgment must answer the counsel, and quiet the mind of the party; and though in gaming lesers may speak, yet in judgment they must be silent; because it is presumed that nothing is taken from them but what is none of theirs. But this gentleman being of an unquiet spirit, after a secret murmuring, breaks out into a complaint to his majesty; and not staying his return out of Scotland, but fancying himself, as if he saw some cloud arising over my lord, wearying and tiring his majesty with infinite supplications in this case. And now, my lords, as if all his former cause had been lost, he presents it no more in parts, or loose papers, but compiling his undigested thoughts into a Libel, though the volume was but in quarto, fastens it on the king on Good Friday last. And his most princely majesty, finding it stuffed up with most bitter reviling speeches against so great and worthy a Judge, hath of himself commanded me this day to set forth and manifest his fault onto your lordships, that so he might receive deserved punishment.

and so to avoid censure; and, as if my lord should have skill in magic, he saith, That my lord hath raised a report from hell of the late Master of the Rolls, which was confuted before his face, and damned before his death; not content to scandalize the living, but so far, my lords, doth his malice overspread his wisdom, that he doth not cease, with his nails, to scrape the dead out of their graves again. When it is well known unto your lordships, that the Master of the Rolls was a man of great understanding, great pains, great experience, great dexterity, and of great integrity; yet, because this cause fell by casualty into his hands, by reverence from the last lord chancellor, and he followed not this man's humour in his report; therefore he brands him with these aspersions, and adds this to the rest, That he grounded this report upon witnesses that swore impossibilities, gross absurdities, and apparent untruths. How can you but think, my lords, but that this gentleman's head is full of poison, seeing it fell out so fast then into his pen, trampling upon the dead? And this is an addition unto his punishment, the injury of him that is dead, because the state yet lives, wherein his justice is scandalized.

both these, it was by assent ordered, That Fisher should assign the lease made unto him upon trust, and Wraynham should pay the money, so well proved to be due to Fisher: so by assent was the decree had, which is the first decree.

In this velvet pamphlet (for this Book is bound in velvet) is set forth his cause, the work of this day; wherein Mr. Wraynham saith, he had two decrees in the first Lord Chancellor's And now, my lords, that you may the more time, both under the great seal, and yet both detest his slanders, whereby he goeth about to are altered since the last lord chancellor's death, slander my Lord Chancellor's justice; give me and cancelled by this lord chancellor in a pre- leave to open the plain and even way, wherein posterous manner; and 1, without cause; 2, this great judge walks in this particular case. without matter; 3, without any legal proceed- The questions in Chancery at first were two, ing; 4, without precedent; 5, upon the party's between Wraynham and Fisher, upon crossbare suggestions; and 6, without calling Mr. suits, either against the other; Wraynham comWraynham to answer. And of this, my lords, plains of trust broken, whereby he was despitefully he imagines a threefold end: 1, to frauded; Fisher upon a debt of a private reckonreward Fisher's fraud and perjuries; 2, to paling detained by Wraynham. Upon proof of liate his unjust proceedings, and to rack things out of joint: and 3, to confound Wraynham's estate and that my lord was therein led by the rule of his own fancy. Yet he stayed not here; but, as if he would set spurs against my lord, he aggravates my lord's injustice to be worse than murder; saying, That in his Sentence, he hath devoured him and his whole family. And secondly, as if one sin should follow upon another, he doubles it upon my lord, and, in a manner, plainly gives my lord the lye.. And hearing that my lord had satisfied his majesty in this case; he saith in his Book, that he that did it unjustly, must, to maintain it, speak untruly, adding falshood to my lord's injustice; saying in his Book, it is given out my lord hath begged Wraynham's pardon: which, though it be the shew of a gentle heart, yet argues a guilty conscience, and is but my lord's cunning to avoid the hearing of the cause. And as if my lord should know his own disease to be foul, and were unwilling to have it searched or discovered; he charged my lord with shifts, and tells him that he hath palliated oppression with greatness, wit and eloquence; and that the height of authority makes men presume. And to make this yet more sharp, he urgeth, that my lord, to maintain this, useth secret means, whereby the unsoundness of his actions may not be seen,

But Mr. Wraynham, wisely suspecting that Mr. Fisher had incumbered his lease, and if it should be assigned to him according to the decree, it would be merely illusory; he exhibits a new bill to discover what charge, and in what sort, Fisher had charged the land with incumbrances. And Mr. Wraynham finding the incumbrances greater, upon the reference of the lord chancellor to the master of the rolls, a bargain was mediated between them, that Fisher should hold the lease in question, and Wraynham should have after the rate of twelve years purchase; and to this both assented; so that your lordships see that the first decree was not cancelled by my Lord Chancellor, but discharged by himself; for by the decree he might have had the lease; but he contented himself with twelve years purchase.

After this, the question grew upon the value, which being referred to the last Master of the Rolls, how the value was at first, before the improvement, when it was in lease to one Harply, and there, upon proof and oath of divers wit

nesses, the Master of the Rolls returned and cerufied the constant produce of the lease to be worth 2001, by the year; whereupon Wraynham was to have it at twelve years purchase, amounting to 2,4001. Mr. Wraynham seeing the land was much improved by a detence made against the sea and other means, whereby the nature of the land was altered, and the profit much ra.sed, moves the Lord Chancellor not to recede from the bargain, but saith, that the value returned was not the true value, for the land was worth 4007. by the year, and yet excepts by retainer in his hands, 2000 marks which he owed to Fisher, 1,0667. odd money; whereby now Mr. Wraynham had received his 2,4007. in his parse. And when he saw himself thus fleeced, having received 2,400l. for that which cost but 2001. now he stirs up new suits, and moves the Lord Chancellor by a commission to refer the value to two knights that had been farmers to the land, that they might certify the true value: the one, sir L'Estrange Mordaunt, who certides the value 318/. yearly; and the other, sir Henry Spillman, certified the value to be 3047. yearly; and my Lord Chancellor strikes between them, and makes it 340l. So here is a difference of values, the first of 2007, upon oath yearly, and this at 3401. yearly, without oath. The first value is at the time of Harply's lease, the second is at the time of the commission granted; and after improvement of which, your lordships well know in your wisdom, the difference between land barren, and improved in value. The last Lord Chancellor, according to the amounting value of 340l. a year, annexed the increase to Wraynham's bargain, and that he should have it, as if the lands were worth 340l. per ann. So that now, the 2,4007. in his purse, had been worth 1,6801. annexed above 4,000l. Mr. Fisher finding this annexed to the bargain, and that he should be pressed to pay the surplusage, and that he had choice either to pay the money, or to part with the lease; Fisher moved the court, that he might give up the lease, and desires his first 2,000 marks with damages, which Wraynham assented to, so that he might have defalcation of that which Fisher had received of the profits of the land. Upon this, upon consent of parties, it was again decreed (and this is the second Decree, which Wraynhain so much triumphs upon, not being an absolute and positive Decree, but qualified with this): 1. That Wraynham should pay the 2,4001. with damages to Fisher: and 2, That Wraynham should have defalcation of such profits as Mr. Fisher had

received out of the land.

Mr. Wraynham strives with this second Decree, being willing to have the value of the land, not according as Fisher had received, but what he might have recovered.

Now my Lord-Chancellor finding the case thus standing, thought it no injustice against Wraynham's own offer, not that Fisher should lose his damages, having forborn 2400l. ten years, nor that Wraytham should be allowed more defalcation than Fisher could receive, be

cause he was tyed to a dry rent; and finding that Wraynham was neither willing nor able to return the 24004, with damages unto Fisher, my Lord-Chancellor thought fit to establish the bargain, according to the first certificate of the master of the rolls upon oaths; because the last certificate without oath, was not so equal in the balance of justice, as that with oath, certified by the master of the rolls, upon the examination of divers witnesses.

Now, my good lords, if this case stands thus, what injustice is there committed? What unsoundness is there in this action? or, what cause is there for my Lord Chancellor to hide himself, that this gentleman should in this case declaim against him this day? If it were, my lords, to make my Lord-Chancellor, for fear, to take off his hand; he will let the world know he is more constant and courageous in the points of justice, than that which he did so justly, so slightly to revoke. And if it were to this end, to make my Lord-Chancellor to dispute with Mr. Wraynham; I am to let you know from his majesty, that he will not let him forego, nor forget his place, so much as to enter into debate with Mr. Wraynham, knowing that it were not fit for him to stand to wrestle or wrangle with Mr. Wraynhamn, but rather to despise so mean an adversary.

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My lords, you know, that wise and just men may walk the same way, though not the same passage; there are divers courses and divers ways to the same end, justice: for justice sake, they are both to be honoured, neither to be blamed. For, my lords, if judges should be traduced as unjust, because they differ in opi nion, they should have thankless offices. Justice is the harmony of heaven, but Lingua detractionis est lancea triplex.' Though this gentleman hath sweat hard to scoff and dare so high a judge, yet the razor of his tongue cannot charge him that any thing came between God and his own conscience, but the merits of the cause; though it be certainly true, whilst a man carries this flesh about him, his judgments and faculties will be imperfect. Yet, my lords, I know that my lord is the branch of such a tree, who, though he blossom'd last, yet took more sap from the root than any of the rest: the son living in the memory of so worthy a father, the father living in the memory of so virtuous a son, who may say, as Agesilaus once said to his father, I obey you in judging nothing contrary to law.'

I am glad this gentleman is so naked of excuse, yet heartily sorry his defamation is so foul, as to draw such a smart of punishment as this will be upon him; and here if necessity (the true defender of man's wickedness) should step in, I answer, Though necessity break through all laws, yet flying into the face of jus tice, it must be broken by justice; else no subject can be safe, nor no court keep itself from infamy.

It is well, my lord, that this fault falls out but seldom; for being exorbitant when it happens, it cannot but be foul. It is a pernicious

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