LR76 - National Archives - State Papers, Domestic, Charles I - SP 16/119/33, fols. 43-43v

Examination of Jonson by the Attorney General, Sir Robert Heath   , on 26 Oct. 1629. The examination concerns verses praising John Felton, who assassinated George Villiers, Duke of Buckingham on 28 Aug. 1628. Jonson is questioned about the authorship of the verses, which he admits having seen in manuscript at the house of Sir Robert Cotton, (1571-1631, librarian and antiquary)   . Jonson denies knowing who wrote them, but claims to have heard subsequently that the author may be Zouche Townley. The document refers to Jonson attending St Margaret's, Westminster .   The examination comprises a single unfolded sheet.  
Eugene Giddens



[fol. 43]
The examination of Beniamyn Iohnson of westminster gent, taken this 26th day of october 1628: by me Sir Robert heath his Majestyes Atturny generall

The said examinant, beinge asked wheather euer he had seen certeyn verses, beginng thus Enioye thy bondage: & ending thus, Englandes raunsome here doth lye: & intitled thus To his confined frend &c / & the paper of thos verses being shewed vnto him / He awnswereth, that he hath seen the like verses to thes / And beeing asked wher he sawe them; he saith at Sir Robert Cottons house at westminster: Being further asked vppon what occasion he sawe them at that time; he saith that coming in to Sir Robert Cottons house as he often doth, the paper of thes verses liing ther vppon the table after dinner, this examinant was asked concerning thos verses, as if himself had been the auther thereof; thervppon this examinant redd them, & condemned them & with deep protestations affirmed that they were not made by him, nor did ʌ ⎡he⎤ knowe who made them, or had euer seen or herd them before, & the like pro testations he nowe maketh vppon his christianity & hope of salvation / he saith he took noe coppy of them, nor euerhad coppy of them; he saith he hath herd of them since, but euerwith detestation / he being further asked wheatherhe doth knowe who made or hath herd who made them, he awnswereth he doth not knowe, but he hath

[fol. 43v]
herd by common fame that one mr Townlye should make them, but he professeth truly that he cann not name any one singuler person who hath soe reported it / Being asked of what quality that mr Townly is, he saith his name is zouch Townlye, he is a scholler a diuine by profession & a preacher / but wher he liveth or abideth he knoweth not, but he is a studient of Christes church in oxford / Being further asked wheather he gaue a dagger to the said Mr Townlye ? & vppon what occasion ? & when / he awnswereth, that on a Sunday after this examinant had herd the said mr Townly preach at St Margaretes church in westminster, mr Townly taking a liking to a sw dagger with a white [The scribe wrote 'wy' then changed the y to an h .] haft which this examinant ordinaryly wore at his girdle & was given to this examinant this examinant gaue it to him ʌ ⎡two nights aftes [For 'after'], being invited by mr Townly to supper ⎤ but without any circumstaunce & without any Relation to thos or any other verses, for this examinant is well assured this was soe done before he sawe thes verses, or had herd of them / And this examinant doth not remember that since that he hath seen mr Townlye

Ben: Ionson [ Jonson 's signature.]

Bibliography
New Facts about Ben Jonson , The Athenaeum, 3 Dec. 1859, p. 740
H&S, 1.242-3
JAB, 140-41
Sharpe (1979), 212

Heath was recorder of London in 1618, solicitor general in 1621, and appointed attorney general in 1625. He was subsequently chief justice of the court of common pleas (1634) and a justice of the King 's Bench (1640), and he became Chief Justice in 1643.

Born in Connington, Huntingdonshire, Cotton was educated at Westminster School and Jesus College, Cambridge. He moved to 'Cotton House', Westminster , which stood on the site of the present House of Lords, and began to amass the extraordinary collection of manuscripts for which he is now known; he also collected coins. Scholars (including Bacon, Camden, Speed, Ralegh, Selden, Ussher - and Jonson ) were freely given access to his library. He collaborated with Camden on some of his historical works, but published little independently, although he did write many papers for the Royal Society of Antiquaries. He was knighted in 1603, became MP for Huntingdon in 1604, and created a baronet in 1611. In 1615-16 he altered papers implicating his friend and patron the Earl of Somerset in the Overbury scandal, and he was imprisoned in the Tower for several months. He became an MP again in 1624, 1625 and 1628-9, and quickly became known as a member of the Parliamentary party of Sir John Eliot, in which cause he published his tracts The History of Henry III (1627) and Dangers wherein the kingdom now standeth (1628). As a result of his political activism he was excluded from his own library by Charles I from 1629 until his death. The library was eventually gifted to the nation in 1702, and was transferred to the British Museum (now the British Library) in 1753, where its shelfmarks are still those of Cotton's original organisation into fourteen cases, each named for the Roman emperor whose bust decorated it.

St Margaret's, Westminster was founded in the twelfth century to serve the needs of the Abbey's lay community; like Westminster Abbey, it is a 'royal peculiar', which means that it is technically not part of the diocese of London . It was rebuilt between 1486 and 1523 and, although restored several times in later centuries, remains structurally much the same. It became the 'parish church' of the House of Commons in 1614.

Modernized text of Zouche Townley’s poem, based on British Library Sloane MS 826, fols 192-3v. Other copies are in Philadelphia Rosenbach MS 240/2, p. 93, Yale Osborne MS 200, pp. 120-1, and Bodleian MS. Eng. poet. e. 97, pp. 91-2. Townley also has a poem ‘To Mr Jonson’ (‘Ben, the world is much in debt’) in the two collections of Jonson’s poetry printed in 1640 by John Benson. To his Confined Friend Mr Felton

Enjoy thy bondage; make thy prison know
Thou hast a liberty thou canst not owe
To those base punishments; keep entire, since
Nothing but guilt shackles the conscience.
I dare not tempt thy valiant blood to weigh,
Enfeebling it with pity, nor dare pray
Thy act may mercy find, lest thy great story
Lose somewhat of its miracle and glory.
I wish thy merit laboured cruelty;
Stout vengeance best befits thy memory,
For I would have posterity to hear
He that can bravely do, can bravely bear;
Tortures may seem great in a coward’s eye;
‘Tis no great thing to suffer, less to die.
Should all the clouds fall out and in that strife
Lightning and thunder send to take my life,
I would applaud the wisdom of my fate,
Which knew to value me at such a rate
As at my fall to trouble all the sky,
Emptying upon me Jove’s full armoury.
Serve in your sharpest mischiefs; use your rack;
Enlarge each joint and make each sinew crack:
Thy soul before was streightened; thank thy doom
To show her virtue she hath larger room.
Yet sure if every artery were broke
Thou wouldst find strength for such another stroke.
And now I leave thee unto death and fame,
Which lives to shake ambition with thy name;
And if it were not sin, the court by it
Should hourly swear before the favourite.
Farewell: for thy brave sake we shall not send
Henceforth commanders enemies to defend;
Nor will it ever our just monarch please
To keep an admiral to lose our seas.
Farewell: undaunted stand, and joy to be
Of public sorrow the epitome.
Let the Duke’s name solace and crown thy thrall,
All we by him did suffer, thou for all.
And I dare boldly write, as thou dar’st die
‘Stout Felton, England's ransom, here doth lie’.