ordinary custome lately entertained boldly to dispute the high points of his prerogative in a popular and unlawful way of Argument not heretofore usual Making them senceable how weak and impertinent the pretence of their Oath was in a case of this nature as if the Founders of their Oath His Predcessors were so intent in their zeal to be uncharitable to make a weapon to wound their Successors being an ordinary course to put off Hearings and Determinings amongst private persons Termly And commands them peremptorily not to proceed further in that Plea till his return to London there to receive his further pleasure by himself Your Oath being only for avoiding importunites to the Prince of Suiters in their own particular The King come to London convenes them all to the Council Table and himself takes in sunder the parts of the Iudges Letter and their Errours in proceeding both in matter and manner In matter by way of omission as commission When the Counseller shall presume to argue his Supremacy at the Bar and they not reprove his Insolency Himself observing since his comming to this Grown the popular Sort of Lawyers most affrontingly in all Parliaments have troden upon his Preâ—ogative though neither Law nor Lawyer can be respected if the King be not reverenced And therefore it became the Iudges to bridle their impudencies in their several Benches especially the Courts of Common-Law who had incroached upon all other Courts High Commission Councils in Wales and at York and Courts of Requests For the Commission in Matter whereas their Letter excepted against his Majesties command to be against the Law and their Oath He tells them deferring upon just and necessary cause is not denying or delaying of Instice but rather wisdom and maturity Nothing more proper than to cousult with the King where it concerns the Crown As for the Manner The Kings absence before the Argument and yet his resolved return speedily and the case though lately argued could not receive Iudgement till Easter Term after as the Iudges confessed And for them to say that the case was private interest of party and party One of the Parties is a Bishop that pleads for the Commendam onely by vertue of his Majesties Prerogative And that they could not prove any Solicitation of either Parties for expedition And for the form of the Letter it was undecent besides to proceed and to return a bare Certificate without giving reasons therefore Upon this all the Iudges fell down on their knees acknowledging their Errour and craving Pardon But for the Matter the Chief Iustice Cook entered into a Defence That the stay by his Majesty was a delay of Iustice and therefore against Law and their Oath that as they meant to handle the Pleading it should not concern the King's Prerogative To which the King told him That for them to discern the concernment of his Prerogative without consult with him was preposterous And for those of Law and Oath he had said sufficient before Therefore he required the Lord Chancellour's opinion herein whether against Law and their Oath The Chancellour excused himself as to that of Law referring it to the opinion of the King's Council whereupon the Atturney General Bacon said That to put off the Day was no Delay of Justice nor endangered their Oath for the King's Reasons were onely that it concerned his Prerogative and required therefore a stay for a small time and advised the Judges whether this refusal of their did not rather endanger their Oath which was To counsel the King when they are called but to counsel after the matter is past was a simple refusal to give him Counsel at all And all the rest of the Council concluded with him The Chief Justice Cook excepted That the King's Council should plead against the Iudges being their duties to plead before them not against them Whereunto the Attourney replied That the King's Council were by Oath and Office not onely to plead proceed and declare against the greatest Subject but also against any body of Subjects or persons nay were they Iudges or Courts or House of Commons in Parliament and concluded That the Iudges challenge was a wrong to their Places and appealed to the King who was firm for them The Chief Justice replied He would not dispute it with his Majesty The King replied Nor with my Council So then whether you do well or ill it may not be disputed The Chancellour gave his opinion with the King and his Council Hereupon the positive Question was put by all the Lords Whether in a Case depending which the King might conceive himself concerned in power or profit and requiring to consult with them they ought not to stay proceedings All the Judges submitted thereto onely the Chief Justice excepted saying When that Case should be then he would do his duty But the Chief Justice of the Common Pleas said For his part He would always trust the justice of the King's command But the Day drawing nigh the next Saturday for arguing the Commendams the King desired the Judges to express Whether they would then argue upon the Kings general power of granting Commendams yea or no. They all concluded Not to draw into doubt his power but to insist upon the point of Lapse which they conceived to be of a form different from former Commendams and concluded to correct the insolencies of bold arguing the Prerogative Judge Doderidge concluded for the King That the Church was void and in his gift and might give a Commendam to a Bishop either before or after Consecration during Life or years The Judges being gone the privy Council resolved that the Kings desire was not against the Judges Oath nor against the Common Law to require and all of them subscribed to the same This Dispute was publiquely scanned and censured in favour of the Judges and on the contrary for the King but the truth I have really extracted out of the Records of the Council Table That you may thereby see the true scope of those times The State of Spain having little to do in Martial affairs K. Philip the third now in peace thought to spend some time in Treatiâ—s wherin he seldom failed of advantage The late French King Henry the fourth had 3. daughters the one maried to the Duke of Savoy which the Spaniard misliking to have those Neighbours lately so great Enemies now to be linkt in love without his Interest conceived it good policy to indeer the young King Lewis of France in a cross Match to his Daughter Infanta Anna and to marry his son Philip to the Princess Elizabeth the second daughter of Henry the fourth And thus those cross Nuptials might seem to cement the affections of the three States lately so imbroyled in War which no doubt either of them had good cause to accept though it was said S. P. Q. R. Spain Pope Queen-Regent had the chief hand to undo the young King For the Father Henry the fourth had made
so honest and worthily deserving a Servant and so praiing God to bless this mie cure I bid you heartilie farewell Febr. 9. 1616. New-market James Rex Hereupon there was some appearance of his amendment which the Prince congratulates under his own hand My Lord Chancelour As I was verie sorrie having understood of your dangerous sickness so I do much rejoice of the good appearance of your recovery which Thomas Murrey hath declared unto me and of the affection and caee you have of my person and of mie Estate for which you and yours shall ever find me most willing to give testimonie to the World how much I respect those who are truly affected towards me I hope bie Gods grace to give you particular bie mie self and that God shall give you health and strength of bodie and mind that the King Queen and I with this whole Kingdom may long enjoie the fruit of your long wise and religious experience which wishing from my heart I end New-market Febr. 18. 1616. Yours Charles Pr. These being the last Letters and thus assured of the acknowledgement of his Masters favour toward his merit he takes leave of this Life the fifteenth of March following 14. of Iac. 1616. The Common-pleas or Comunia Placita is the Kings Court or Bancus Communis Anno 2. Edw. 3. cap. II. so called Quia Communia Placita inter subditos or controversies between common persons it was now held in Westminster Hall But in antient times moveable as appears by Magna Charta cap. II. And that upon grant of that Charter the Court of common-pleas was erected and settled and one place certain viz. at Westminster wheresoever the King lay and that after that time all the Writs ran Quod sit coram Iusticiariis meis apud Westmonast Whereas before the party was commanded by them to appear Coram me vel Iustitiaris meis simply without addition of place see Glanvile and Bracton the one writing in Henrie the seconds time before this Court was erected the other in Henrie the thirds time who erected this Court. All Civil causes real and personal are or were in former times in this Court according to the strickt Law of this Realm And by Fortescue cap. 50. it seemeth to have been the only Court for real causes The chief Judge thereof is called Lord Chief Iustice of the Common-pleas accompanied with three or four Assistants or Associates who are created by Letters pattents from the King and are installed as it were upon the Bench by the Lord Chancelour and Lord Chief Iustice of that Court. See Fortescue ca. 51. who sets down all the Circumstances of their admission The rest of the Officers are these the Custos Brevium three Proto-Notaries or principal Notaries called also Pregnotaries Chirographer Filazers in number fourteen Exigenters four Clerk of the Warrants Clerk of the Iuries or Iurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoines Clerk of the Out-laws The Common Law is so antient we know not the commencement Lex Angliae peculiar onely to this Land Of long time following the Conquest ever more quarrelled for enjoyment of antient Liberties until Henrie the third allowed English men English Laws add in his ninth year granted the great Charter which himself infringed and thereupon followed fourty years Barons Warrs as Histories stile them until in his fifty two year that Charter was again reviewed and compiled and solemnly sworn unto by succeeding Sovereigns The ground of which binds the King per Legem terrae and what is this Lexterrae Leges Anglicanae fuerunt approbatae consensu utentium Sacramento Regum confirmatae Lex facit Regem attribuat igitur Rex legi quod Lex attribuit ei viz. dominationem potestatem ubi non Lex ibi non Rex So then Lex fecit Regem Not so neither Kings in England before Lawes but indeed Communis Consuetudo Regni fuit Lex terrae This being the Law without commencement as the Genius to all and Parliaments Statutes Prerogatives of Princes Customes of Counties Cities Burroughs Mannors are but the species of it For general Customs made the Law authorities Parliaments Limits Prerogatives and Customes consonant or disonant to Reason so much for Communis Lex But in practice say some the Chancery is above Law and yet duely examined that also is allowed per Legen terrae as a species of that The reason thus The Common Law grounded upon general Maxims they might be too severe or too relax and therefore necessarily requiring Equity Secundum aequum bonum sanam consâ—ientiam And this Chancelour notwithstanding limitted by Law and erected by Law although it seems above Law For No Judge hath Jurisdiction without some grant or commission out of that Court under the Great Seal which is intrusted to the Chancelor No Judge can hold plea without an Original Writ framed in Chancerie and by his appointment returnable before the Judges and yet all these considered the King the Law the Chancery agree together The Chancerie then must needs be erected subsequent by the common Law to relieve and supply the Law in some cases where the simple subject was cosened by craft ignorance also may offend without malice Moses Law in divers cases Political and Ceremonial he could not decide uncleanness by touching the dead but referred it to God The name of this Officer is Dominus Cancelarius Angliae a a Cancelour do but then quere what he might cancel Some say it is Cancelare Iniquom legem commâ—nnem Iudicare secundum conscientiam but this is an errour will the Law give power to deface her self that made it The Chancelour cannot stay the course of Law but onely injunct the person not to follow the Law not to cancel the Law for notwithstanding this injunction if the party will sit out contempt and proceed at common Law the Judges cannot deny him Indeed rhis Officer hath his name of canceling the Kings Letters pattents so much of honour to the Law as the other way had been dishonourable The nature of Letters pattents bind the King and his Successors and all Subjects though unfit or unjust the Judges of Law are co judge it void but cannot deface it nor the Seal but the Chancelour as a Judge of Law may but not by his absolute authority by his ordinary power and course of common Law is to judge of it and to hold plea of it and to call the party interessed by process of Law and so to repeal it by Judgement and then cancel it which no person can do but And this was done Transversa linea circumducere vel conscindere aliquod Edictum decretum contra Principem aut jus Reipublicae impetrari which cancelling is made with Lines drawn across like Latices and it is said that Judgement seats were of old compassed with Latices or Barrs cross waies to defend the Judges and Officers from the prease of people and yet not to hinder
Criminal Kings Bench and Star-Chamber The Common-pleas is a Branch of the Kings Bench being first in one Court and after the Common-pleas being extracted it was so called as Pleas of private men The other the Exchequer for the Kings Revenue the principal institution thereof and their chief study and as other things come orderly thither so to administer justice Keep you within compass give me my right of private Prerogative I shall acquiesce as for the Prerogative of the Crown it is not for a Lawyers tongue nor lawful to be disputed It is Atheism to dispute what God can do his revealed Will ought to content us so is it contempt in a subject to dispute what a King can or cannot do the Law is his revealed Will. The Kings Bench is the principal Court for Criminal causes and in some respects it deals with Civil causes The Chancery a Court of Equity and deals likewise in Civil The Dispenser of the Kings Conscience following the intention of Law and Iustice not altering Law nor e converso It exceeds all Courts mixing Mercy with Iustice. Other Courts are onely for Law and where the strictness of Law might undo a subject there the Chancery tempers it with Equity and preserves men from destruction The Chancery is undependent of any other Court only under the King Teste me ipso from which no appeal yet am I bound so to maintain others as this not to suffer wrong My Chancelour that now is I found him Keeper of the Seal the same in substance with the other stile He is witness my warrant was to him to go on according to Presidents in time of best Kings and most learned Chancellours The duty of Iudges is to punish such as deprave the Kings Courts and therfore it was an inept Speech in Westminster-Hall to say that a Praemunire lay against the Court of Chancery yet it should not be boundless the King is to correct it and none else and therefore the King was abused in that attempt and now commands that none presume to sue a praemunire against it As all inundations are conceived Prodigious by Astrologers so overflowings of the banks of Iurisdiction is inconvenient and Prodigious to the State Let there be a concordance and musical accord amongst you keep to your Presidents authentick not controverted but approved by common usage of best Kings and most learned Iudges The Star-Chamber Court hath been shaken of late and last year had received a blow if not prevented by a few voices He descants on the name Star a glorious creature next in place to the Angels the Court glorious in substance compounded of four sorts of persons The first two Privy Counsellors and Judges wisdâ—m of State learning in Law The other two sorts Peers and Bishops to give Greatness and Honour to the Court the other of Learning in Divinity and the interest of the good Government of the Church So divine and humane Laws Experience and practice in Government are conjoined in the proceedings of this Court No Kingdom without a Court of Equity either by it self as in England or mixed in their Office that are Iudges of the Law as in Scotland and here in England where the Law determines not cleerly there the Chancery does having equity which belongs to no other Court punishing Attempts other Courts only facts and where the Law punishes facts lightly as in Riots or Combates the Star Chamber punishes in a higher degree as in Combinations Practises Conspiracies so being instituted for good give it the more honour Keep your Courts in harmony Iudges are Brethren the Courts Sisters the Muses to differ breeds contempt to either and disputes against each other turns pleas from Court to Court in circular Motion Ixions wheel the reason of Multitudes of Prohibitions causes are scourged from Court to Court like Tantalus fruit neer the Suiters Lip never to his Taste a delay of Iustice makes causes endless He tells them how he hath laboured to gather Articles an Index expurgatorius of Novelties crept into the Law look to Plowdens Cases and the old Responsa Prudentum if you find it not there then ab initio non fuit sic away withit To the Auditory he hath but little to say As he hath confirmed his Resolution to maintain his Oath the Law and Iustice of the Land So he expects their duty in observance of the Law and divides their submission into three parts First In general to give due reverence to the Law This general he devides also into three Not to sue but upon just cause Be content with Iudgement to acquiesce as he will do equal with theâ—â—eanest Subject Do not complain and importune the King against Iudgement It is better to maintain an unjust Dâ—cree than to question every judgement after Sentence as you come gaping for Iustice be satisfyed with the Iudgement but in Bribes complain boldly if not true from you expect Lex Talionis to accuse an upright Iudge deserves double punishment Secondly In your Pleas prâ—sume not against the Kings Prerogative or honour if you do the Iudges will punish you if they do not I will them and you Plead not new Puritanical strains to make all things popular keep the antient limits of pleas Thirdly change not your Courts as if to mistrust the justness of your cause but submit where you begin So he sums up all The charge to his Self Iudges and Auditory his excuse why he came not till now why now And because of his custome to deliver a charge to the Iudges of circuits He tells them now also As they are Iudges with him in that Court so Iudges under him and his Substitutes in circuits Itinerant to his people a laudable custome to go to the people in their Counties as they come up to them at Westminster-Hall That you go to punish as to prevent offences charge the Iustices of peace their duties take an accompt of them and report their Services to the King for the King hath two offices 1. To direct 2. To take an accompt from them to his Chancellour in writing and so to him Of these two parts the Nisi prius is profit for them and the other necessary for him therefore as Christ said Hoc agite yet illud non omittite and commends the office of Iustice of peace of high honour and repute They are of two sorts good and bad the good he will reward and prefer being as capable of his favour as any about him whomsoever the farther off in distance of place the more desert and his providence must reach to the end of his limits the good are industrious the bad idle contemplative Iustices are of no use And for the number as many hands make light work so too many make slight work As to the charge he will but repeat what he hath said heretofore Lectio lecta placet decies repetita placebit anent Recusants and Papists my greef when they increase there are three sorts of Recusants The first
first of his Majesties Reign should be onely professed in all time to come within the Realm and that none should abet or receive Jesuits Priests or other Adversaries of Religion upon the pain in former Acts of Parliament That all should conform hereto before February next or depart the Realm whither his Majesty shall appoint and not return till they turn Professors they and their Heirs always enjoying their Lands and Estates by Procurators in their behalfs The Earls of Angus Huntley and Arrol and the Lairds Achindown and Chisholm to be unaccusable of the Crimes contained in the Summons occasioned by their Letters and Blanks intercepted as before remembred concerning their trafficking with forein Princes against Religion c. discharging all Proceedings against them Provided if they offend hereafter the former Crimes to be added to their Charge That such of them as shall profess Religion are to be assigned their places of abode not to dispute publick or private in favour of Popery Huntly and Arrol to remove out of their company James Gordon and Oglevy Iesuits to finde Sureties in fourty thousand pounds to abide Subscriptions and Achindown and Chisholm in ten thousand pounds Such as leave the Realm to give caution not to practice with Jesuits abroad against this State and to declare their submission to their choice of conditions before January next or be liable to Trial by Law These were in effect concluded and signed unto by them which the King and Council confirmed and the three Earls subscribed but to small effect For the end of this Year begins fresh feuds the Iohnstons in the West-Marches made Incursions upon the Sanhares and killed eighteen persons and though great friendships had been contracted with Maxwel yet having in Commission as Warden to pursue the Offenders the Sanhares offered their assistance therein to bring all Niddesdale to depend upon him and Bonds signed unto for performance a Servant of Maxwels betrays this Bond into the hands of Iohnston who sends a Gentleman to discourse the truth out of Maxwel who first denied it but afterward said He must obey the Kings directions Iohnston to cope with such Combination associates with those of Tevedale the Eliots and Grahams and so meeting Maxwels Forces with the Commander Olephant kil'd him divers others Maxwel to repair his dishonour levies one thousand men and like a Kings Lieutenant with displayed Banner enters Annandale Iohnston not so many deals by policy sends out his Prikers the Boders cunning to provoke whom Maxwel encounters but by Ambuscade Iohnston comes in with power and puts them all to flight Maxwel was taken desiring Quarter as he had often given Iohnstons father and reaching out his hand for to confirm it had it basely cut off and afterwards butched to death he was a man much lamented of great spirit humane and more learned than Lords are yet like most of them ambitious And this to be done to the Kings Lieutenant might amaze some men to consider the Distempers of the Nation and the wisdom of a young Sovereign how to ballance these frequent Feuds and to bandy against Bothwels Treasons Papists conspiracies tumults and insurrections the Gangrene Evil of insolent Assemblies evermore eating into the Bowels of Government to devour and devastate all for this present he assigns the Lord Herris Drumlanrig Lagg and other Barons to abide at Dunfres to quiet and repress Disorders The time limited to the Popish Lords Ianuary 18. is past and they omiting the benefit of Abolition are charged to enter their persons into Ward Angus into Blackness Huntley in Dunbritton and Arrol to Edenburgh Castle and Achindon in Tantallon but neither of them obeyed The King removes to Sterling where Queen Ann was delivered of her first-born the 19th of February 1593. To which place arrives the Lord Zouch from Queen Elizabeth to congratulate her Delivery and to complain to the King his remisness against the Popish Lords for she was informed of the Articles of November and being told besides by some busie Presbyters at home the Kings favour to his Popish Lords her age made her often apt to entertain such Tales and her Jealousie summ'd up Reasons to her self soon to believe them But her Ambassadour taking time to understand what had passed could not be at leasure to suspend his judgment or confidence in the Kings prosecution to effectual punishment And therefore to hasten homewards he tampers for Bothwel the immediate end of his Errand deals with the Ministers the most especial amongst them to countenance his fresh Insurrection with numbers of loose persons and which troubled the King they commend Andrew Hunter one of their own to be Bothwels Chaplain in Ordinary And being thus emboldened they go on to raise Moneys themselves levy Souldiers to assist his Treasons Nay more see their piety to Rebellion their sacrilegious assistance even with those very Moneys benevolent Contributions collected by their Pulpit Oratory out of the poor peoples purses for supply of Geneva Brethren then in much misery and in a mad fury distributed unto Robert Melvil and George Strang two Rebell Captains for the well-affected Cause of the Traitor Bothwell His Design taking up a new motive and pretext Justice against the Popish Lords but in truth his Malice and Revenge pretended also for the slaughter of Murray And with him joyned Argile and Arrol to meet at Lieth not without hourly intelligence with the English Ambassadour Zouch who fearing that the Kings foresight had espied his juggling stole away home without biding Bothwel Farewell Whose Cause was cried up advancing from the Borders with four hundred Horse coming to Lieth very early the first of April and this he durst do the King being so near at Edenburgh but meanly guarded and put to it to speak for himself after 〈◊〉 Sermon for the Pulpit would not He passionately tels the People all the stories of Bothwels Aâ—tempts and his Treason now reasoning with the Multitude some suspition of his siding with Papists 〈…〉 of the Lords 〈◊〉 them in â—â—inde almost forgotten that he was their 〈◊〉 King and Soveraign and brought it home to their self-consideâ—â—tion if Bothwel should prevail against him what they must expect of the Borderers upon them Much â—do they are moved to arm and to accompany theâ—r Commander the Lord Hâ—me who lead the Horse and the bold trained Bands march after the Cannon taken out of the Castle to besiege Lieth But Bothwel was removed towâ—rds Dalkieth dividing into three Troops Humes Horse followed to obseâ—â—e what course he held whilest the King made a Halâ—â—t â—t â—orrowâ—moâ—r Bothwels Scouts finding them 〈◊〉 encourage him to turn upon Hume which he did with some advantage being above the others number gave him â—â—ace in 〈◊〉 retire which moved some to advise the King to secure himself in the Town Restaâ—â—â—g No says the King 〈◊〉 never quit the Field to a Traitor And though in eminent danger stood it still whilâ—st
upon two foundations one must fail and distract the other therefore the more certain To surprize the Queen the rest would follow The manner thus Certain select persons well known at Court for access should distribute themselves into the Present Guard-Chamber Hall and utter Court and Gate And in each of these places one principal person to guide the assistants Their distribution Sir Iohn Davers to the Presence and Guard-Chamber to seize the Halberds of the Guard Davis to the Hall Blunt to the Gate These in readiness by a signall Essex should remove from his house and well attended or to meet him should with correspondence of the setters and some tumult and confusion effect their design Thus the plot-form the second act to their Tragedy that Essex should prostrate him self at the Queens feet desire removall of evil Counselors who possessed her Majesty and State Then to summon a Parliament alter Government and confirm conditions to themselves In this consult Essex inclined most for possessing London as a surer ground to that of the Court also Being wedded to his false overweening opinion of the people and Citizens and their number Suspecting belike the instinct loyalty of many of his Train when the fury should be over and he perhaps left in the lurch with the fewest of his friends The true Nature of usurping Rebells to â—rust more to the main of Multitude than of qualitie especially Essex who had gotten I know not how nor by what merit the specious Mark of a Patriot proper to infuse and mint jealousies into the heads of the more unworthy and less prudent and these he could easily stirr up by Emissaries who lye at watch to bo utefeux it and inflame mens minds to disperse abroad unshrowded sparks of discord and that way to convert a Kingdom into a flame But this Counsel was afterwards refined by Essex Cuffe and Blunt To assemble a Troop to come sodainly from the Mews in scattered Numbers and unite in a moment at the Court Gate And as good Common-wealths men lest their new contrivements should want Ministers they would supply in a readiness of their own for Counselors and Servants to the Queen in place of such evil ones the beaten path of Traytors as they thought fit to remove which should be their plausible pretext to their own practices and a general ground to the common people The day drawing nigh but not assigned being left to my Lord the Curse of the Psalmist interposed like the untimely fruit of the woman brought forth before it came to perfection For many that knew of the plot diligent with too much resort at Essex house brought forth mutterings of somewhat which states soon discover The afternoon 7. February before the next day of Rebellion was sent to Essex house Secretary Herbert to summon him before the Council sitting at Salisbury Court at the Lord Treasurer Buckhursts which he excused not to do under colour of being ill And suspecting the discovery of his Trains and doubting delays resolved upon his enterprize the next day Sunday But then upon advertizement of doubling the Court Guards and allarum there he determined on his former conceipt of being the peoples darling and the Minion of London upon confidence of Sir Thomas Smith the City Sheriff Giving out that Evening that he was sent for to Counsel to be betrayde by an Ambuscado of Musketeers upon the water by the devise of the Lord Cobham and Sir Walter Ralegh to murther him by the way This mean design the best he had took fire like a squib the Messages and warning to his chief confidents all that night and next morning And his servant Temple took up his Tale and told it to the City And to colour it the more watch and ward was up all night to open his gates to all comers in so that the morning hastens Mannors Earl of Rutland Southampton Lord Sands Sir Henry Parker called Lord Mounteagle with some Number of Knights and Gentlemen and being Sunday it gave occasion to others to come to his Sermon whom he carressed with his Cap in his hand telling them his former tale But to his more confidents That he was sure of the City and that strength which the Queen could not oppose nor his Enemies withstand his revenge Alwaies with this caution to his Gate-Keepers to suffer none to return out to tel News Sunday at 10. a clock the Queen had intelligence and yet was willing to cast water on this fire ere it should flame to a Rebellion her authority before her force she sent the Lord Keeper Earl of Worcester the Controuler of hir Houshold the Lord chief Justice who finding the Gates shut after some stay were let in by the wicket but all their servants kept out except the bearer of the Seal the Court full of Company with Essex and his Lords to whom the Lord Keeper said That the Queen sent them to understand the reason of their Assembly that if they had cause of griefs against any persons whatsoever they should have hearing and justice Essex told them aloud That his life was sought to be murthered in his bed and had been perfidiously dealt withall The Chief Justice answered If any such matter were attempted or intended it were fit for him to declare it and to be assured of their faithfull relation and so He should not fail of her Majesties Princely Indifferency and Iustice. Southampton objected the assault upon him by the Lord Gray to which the Chief Justice said that justice had been done and the party in prison The Keeper required Essex to impart his griefs if not openly yet privately and promised satisfaction Upon this arose a high clamour of the multitude Away my Lord they abuse you they destroy you they undoe you you lose time The Lord Keeper putting on his hat commanded them all upon their Allegiance to lay down their weapons and depart When Essex and all the rest clapt on their Caps and going into the House the Lords followed him as to have private conference and fearing the Multitude who â—ryed out kill them shop them up keep them pledges â—â—st the great seal out at window And accordingly he gave them in custody principally to Sir Iohn Davis and one Owen Salisbury a seditious notorious robber guarding them with Muskets fired and cockt and left the charge of his house to Sir Gilly Merrick bidding the Lord Keeper to have patience whilst he would take order with the Maior and Sheriffs for the City and be with them again within an hour So goes forth with his Number 200. men entered Ludgate and with a fearfull timorous discomposed tale repeated That he should have been murthered and so passing through Cheap-side unto Sir Thomas Smiths house in Philpot-lane who was at Church where he shifts into a dry shirt the passion of fear firing him into a hot sweat The people flocking and gazing as he went To whom
might be the best Counsel but the most difficult He therefore to avoid difference with any made Peace with all And as a wise King lead them the way to do so each with other being the surest Maxime to himself and to the foundation of greatness upon popular love to his Subjects to afford them ease and justice This Peace ever after attended his Age and Hearse to which he always intended to fashion his Son and Successour but in future fate followed the change not without our over-hasty exception to the Fathers settlement mistaking it to be the consequence of evil event in the Sons succession But we ought to know that Events are always seated in the inaccessible Light of Gods high Providence and cannot be concluded but by supernatural Arguments which must decide the miscarriages of pious Designs careat successibus opto Quisquis ab eventu facta notâ—nda putet We may learn his will by the effect of his works but not in the consequence of his proceedings we may discern the hand-writing of his Decree to be his Character but not thereby his Sense yet this we presume to run and reade The Providence of God is often most violent to Reason when yet in truth it runs in its proper chanel of equity to all His way is in the Sea not to be always traced by steps What confused conceits carry us on when a prevailing party succeeds in opposition to truth and justice But he that looks thus asquint hath an imperfect sight not the eye of faith The Scales of Gods Providence are never at rest always moving now up now down to humble and to exalt to which we must submit because we cannot comprehend And it is a Rule derivative from hence That where Religion is looâ—est men sacrifise their best Reason to visible Success and private fortune becomes their publick Profession not remembring what Isay says In the path of Gods judgment we should patiently expect We do not so by our daily censure David was in this storm driven to the strongest Anchor of Hope in the contemplation of the wicked he was much trouble to see them prosper and the godly persecuted untill he entered into the Sanctuary of Gods universal providence the chain whereof meets in the centre of all Reade but the story of some Centuries of our Christian world abreviated in the Preface of Sir Ralegh's History How long was it that wickedness had leave to lord it With what strength of policy the Tyrants of each time sold themselves to settle the work of sin And though in the period of that portion of time compared with everlasting and of our neighbour-affairs with the succeeds of the vast Universe In these I say he religiously observes perchance in some the most notorious impieties punished and revenged yet he could not live to finde the effects of Gods justice in so perfect an Audit summ'd up but that he and we and others hereafter shall still remain perplext And here in order and time we come to consider the tempers of the Court Statists those in favour with their former Sovereign had a new game to play with this King and such as were kept under heretofore began now to raise their hopes and endeavours for fresh preferment Amongst many of sundry conditions we fall upon the Conspiracy of a few Discontents and it is generally named Sir Ralegh's Treason so shadowed out to posterity by some late Relators and huddled up in obscurity as not many men in these days believe it for truth to undeceive them I shall give the world that story Sir Walter Ralegh was a Gentleman of good Alliance in the West of England and very well descended he began his Improvements by the University and Inns of Court the later was always the place of esteem with Queen Elizabeth which she would say fitted youth for the future But he staid not there and as his fate would have him of the Sword first so destiny drew him on to have a mixt Reputation with the Gown for he was often called to counsel in her time but never sworn He was twice in Expeditions of Land-service in Ireland under General Norris and Grey as also in the Low Countreys and a Voyage at Sea ere he was known at Court And such ways as these were his introductions the best hopes of his Risings Some natural parts he had a good wit and judgment but his best Weapon was his Tongue which gave him repute to be learned then but after he improved to more value in his future troubles the best School to a wise man His quarrel with Grey in Ireland was there complain'd to a Council of War but by Reference came over to England to the Council-Table Grey had the better cause but Ralegh the advantage in pleading which so took them especially Leicester that the Queen was told the Tale and more of him which begot esteem from her and envy from others however he held up being accounted a cunning Courtier in that ticklish Trade whereof he that once breaks seldom sets up again but he got by those losses and thriv'd best after such compounding Indeed being still under-wood cut and yet growing he became Silva caedua quae succisa renascitur and so flourished oft times after without absolute impute to his Princes pleasure His Enemies of greater Rank kept him in and out which made him then to decline himself out of the Court-rode in Voyages to the West Indies Guiana New Plantations Virginia or else in some Expeditions against the Spaniard which confirm'd him a grand Opposer of the general Peace which King Iames brought in and that brought Ralegh to his ruine He rose no higher than Governour of Iersey Lord Warden of the Stanneries of the West and Captain of the Queens Guard which last Place brought him to esteem at Court but not in the State at all and therefore most men of parts that want of their pride of Preferment are tired with lingring expectation of change from the settled way of Sovereignty which in every shift of Princes gives fair hopes to many neither so mean nor modest but to please themselves with Objects of Advance So this man ambitious of his conceited merits put himself forward a little too soon Busie he had been heretofore to speak his minde of the general affairs and therein he pleased his late Mistress for then his inclination went with the humour of those times of War but now his counsel came out of season For at the entrance of the King he was presented by Ralegh with a Manuscript of his own making against the Peace with Spain it was his Table-talk to beget more esteem which took accordingly and the way to unbend him was the work of the Spanish Faction either to buy him out of that humour or to abuse him into worse condition which was effected by this way To mould him into Treason there was a medley of
Sovereigns choice Service And yet this Man â—ot long after proved the Contriver and the most malicious Prosecutor of such conspiracies as may be said to be the forerunners of that Kings miserable and final destruction I cannot learn whether he be living in this sin and so as yet spared for Gods mercy or unrepentant dead to his Judgments sure and suddain But to our business in Scotland In the next Assembly at Glascow the Bishops took upon them to inlarge their own authority in the Administration of all Church affairs And yet not willing to make any change though by the Kings command without brotherly approbation of the Ministers They assemble together and consent unto Articles of Government and power of the Bishops In which Assembly the Popish Lords supplicate for absolution and to subscribe to the confession of faith Huntley did so and returned to his own County Arroll went about it too but suddainly fell into such confused terror as offering violence upon his own person he was spared by his intercession of tears and prayers not to be forced against the reluctancy of his Conscience who in truth of all that sect shewed evermore much of tender minde to endeavour satisfaction to himself and so received more civility from the Church ever after Angus was most averse and had leave to banish himself into France where he died at Paris some years after There had been a good progress in Scotland for quieting the Clergie and renewing the repute of the prelacie And therefore the Arch-Bishop of Glascow with the Bishops of Brigen and Galloway having audience of the King in relation to the affairs of the Church of Scotland Told them with what care and charge he had repossessed the Bishopricks out of the hands of the Laity and other sacreligious pretenders and settled them upon reverend Men as he hoped worthy of their places But since he could not consecrate them Bishops nor they assume that honor to themselves and that in Scotland there was not a sufficient Number to enter charge by Consecration he had therefore called them into England that being here consecrated themselves they might give ordination at home and so the Presbyters mouths stopped For they had maliciously and falsely reported that the King took upon him to create Bishops and bestow spiritual Offices which he never did always acknowledging that Authority to belong to Christ alone and whom he had authorized with his own power One thing admitted dispute The Arch-Bishops of Canterbury and York always pretended Jurisdiction over Scotland and so now this consecration might be taken as a voluntary subjection to this Church But therefore London Ely and Bath performed it to them and they ordained others at home And carried back Directions for a High Commission Court also for ordering of causes Ecclesiastical which were approved by their Clergie and put into obedience From these good Men The King fished out the behaviours of his Council there and therefore to settle them in terms of honor and state at their Table they were to convene twice a week and None to stay in the Room but Counsellors nor any solicitations there But being come instantly to take their places sitting not standing unless they pleaded for themselves and then to rise and stand at the end of the Table for they were wont to quarrel and to cuff cross the board No Counsellor to be absent four days without leave of the rest Each single Counsellor to be Justice of Peace in all the Kingdom to preserve respect to their places they should not trample the streets on foot but in Coach or Horse-back with footcloths This brought some esteem to that Board who before were bearded by every Kirk-Iohn or Lay-Elder And after this posture of Governing Patrick Stewart Earl of the Isles Orkney and Yetland was sent for to humble himself to imprisonment A Custom also which was setled in the Council to command any Malignant to be in Ward by such a day or else to be horned Rebell This great man at home is there humbled before the Bishop of Orkney and is by him examined so soon is the Kings ordinance obeyed His Crimes grew up from his poverty made so by his own riot and prodigality which now he seeks to repair by shifts of Tyranny over the people under his Command and being by the Bishop reported so to the Council he was committed to Prison untill the pleasure of the King deals further in Mercy or Justice But to exercise that Nation by degrees of punishment he was afterwards released and returned home to better behaviour wherein he became for the future so faultie that two years after he was executed We have hinted heretofore the Kings business at home commission- which in truth was his wisdom to wade through To suppress the trayterous designes of the Papists and to settle the fiery dispositions of the Schismaticks for the first their own violent progression in their late Pouder-plot drew upon them publick lawes of chastisement But these Other alas their Motion now not so violent yet perpetual the more warily to be dealt with And because no disputes Arguments nor Policies could reduce them therefore the spiritual High-Commission-Court took some course moderately to regulate their Insolencies Busie this Parliament had been in disputes of the Common and Civil Laws The first strained to such a necessitary power as in short event would mightily qualifie the other to nothing Besides this Session sate long and supplyed not the Kings wants wasting time as ever sithence in seeking Grievances To palliate the Lower-House some Messages had informed his necessary expences and to both Houses the new Treasurer late Earl of Salisbury opened the emptiness of his Office And at last the King speaks for himself at a Meeting at White-Hall He spake well and now prolix which yet I must present thus long Perfect Speâ—ches open the times and truth to posterity against our Carping Adversary I need not quote his pages take his whole History passionately and partially distempered throughout The King forgets not their late loving duties and therefore recompenseth them with a rare present a Chrystall Mirror the heart of their King which though it be in Manu Domini so will he set it in oculis populi The principal things says he agitated in this Parliament were three First Your support to me Secondly My relief to you But the third How I would govern as to former constitutions or by absolute power He begins with the last That Monarchy is the supremest thing upon Earth illustrated by three similitudes First out of Gods word You are Gods Secondly out of Philosophie Parens patriae Thirdly out of Policie the Head of this Microcosm Man For the first The attributes of God Creation Destruction Reparation to judge and not be judged and to have power of Soul and Body so of Kings and can make of Subjects as at Chesse a pawn to take a
he had my Lord's head under his Girdle in respect of communication of secrets of State as he calls them himself secrets of Nature and therefore dealt violently with him to make him desist with menaces of discovery and the like hereupon grew two streams of hatred upon Overbury the one from the Lady in respect that he crossed her love and abused her Name which are Furies in women the other of a more deep nature from my Lord of Somerset himself who was afraid of Overbury's nature and if he did break from him and fly out he would winde into him and trouble his whole fortunes so as certainly it was resolved that Overbury must dy That was too weak and they were so far from giving way to it as they crossed it there rested but two ways of quarrel Assault and Poyson For that of Assault after some proposition and attempt they passed from it as a thing too open and subject to more variety of shame That of Poyson likewise was an hazardous thing and subject to many preventions and caution especially to such a working and jealous brain as Overbury had except he was first in their hands therefore the way was first to get him sent over Seas or into a Trap and lay him up and then they could not miss the mark and therefore in execution of this Plot it was concluded that his pride should be designed to some honourable imployment in forein parts and should under-hand by himself my Lord of Somerset be encouraged to refuse it and so upon contempt he should be laid Prisoner in the Tower and then they thought he should be close and Death should be his Bail Yet were they not at their end for they considered that if there were not a fit Lieutenant of the Tower for that purpose and likewise a fit Under-keeper of Overbury First they should meet with many impediments in the giving and exhibiting of the Poyson Secondly they should be exposed to note and observation that might discover them And thirdly Overbury in the mean time might write clamorous and furious Letters to his Friends and so all might be disappointed And therefore the next Link of the Chain was to displace the then Lieutenant Wade and to place Yelvis a principal abetter in the impoysonment to displace Carew that was under-keeper in Wade's time and to place Weston that was the Actor in the impoysonment And this was done in such a while that it may appear to be done as it were in a breath Then when they had this poor Gentleman in the Tower where he could not escape nor stir where he could not feed but by their hands where he could not speak or write but through their trunks then was the time to act the last Day of his Tragedy Then must Franklin the Purveyor of the Poyson in May 1613. procure five six seven several Poysons to be sure to hit his complexion then must Mistris Turner the lay-mistris of the Poysons advise what works at present and what at distance Then must Weston be the Tormentor and chace him with Poyson after Poyson Poyson in salt meats Poyson in sweet meats Poyson in Medicines and Vomits untill at last his body was almost come by use of Poysons to the state of Mithridates body by the use of Treacle and preservatives that the force of the Poysons was blunted upon him Weston confessing That when he was child for not dispatching that he had given him enough to poyson twenty men And because all this asked time impoysoning from March 9. to September 14. courses were taken by Somerset both to divert all the true means of Overbury's delivery and to entertain him with continual Letters partly with hopes and protestations for his delivery and partly with other fables and negotiations somewhat like some kinde of persons which keep in a Tale of fortune-telling when they have a fellonious intent to pick their Pockets and Purses Untill at last they hastened his destruction by an impoysoned Glyster which wrought into his intrails and soon dispatch him And this is the Narration of this Art which I have summarily recited Then comes his Countess to her Trial guilty of too much contrivance and practice though in Murder it be crime enough yet she confessed that which could not be proved and at her Trial she seemed drown'd in a deluge of grief being therein beholden to Nature that she could vent her self in tears seeing that sorrow which cannot bleed in the eys does often festor in the heart and so it appeared in her excess women can hardly do any thing without over-doing feminine passions must either not be full or overflow and indeed she could not utter one word in her own defence which begat relenting even in the Council that pleaded against her who otherwise take pride to force Arguments making their Tongues their Ware and Eloquence their Trade But her sorrowfull silence needed the less Rhetorick in them to urge her guilt or in her Judges to consult the weight of her crime These considerations moved the Lord Steward and Peers joyntly to move his Majesty for mercy and for the present procured their Reprieve back to the Tower but indeed she was dead whilest living being almost drown'd in despair to work out her Repenâ—ance for which cause principally her life and his were enlarged as conceiving it the worst of Iustice to kill both body and soul and after long imprisonment and true and hearty penance nine or ten years together and no doubt Repentance also they had liberty out of the Tower in Ianuary 1621. and confined to the Country and at last their Pardons were procured which in â—â—uth notwithstanding her great Family and deserving Friends was to my knowledg got but by inches four moneths before the Kings death which was Anno 1624. But in the whole Execution where so many suffered let the Prefacer to the Pamphlet of Fables The Court and Character of King Iames pick out a greater President in any History more remarkable for exquisite justice than this of the King wherein by the way he may be allowed his own even Conscience for justice and mercy both which no doubt hath found acceptance at God his Tribunal in his behalf and his Posterity in due time by our Saviours merit shall be gathered together in the mystery of man's Redemption And for the other Historian let his memory be blamed for recounting so many untruths and yet hypocritically closes with this Gloss Pardon says he the sharpness of these expressions for they are for the glory of God I could say more in this and other unfortunate stories of backward times but I delight not ambitious pains in an useless description of miseries I had rather shew you what Somerset could say for himself concerning his Land much more in doubt for his life it being a piece of charity to the distressed and to the memory of the deceased I shall not therefore conceal it and the length thereof
Man deserving to pay for all it being of his designing But the Treasurer was from thenceforth for some time trusted to Commissioners At Midsummer after the King comes to Star-Chamber then intending to settle his homea-ffairs for his resolved journey into Scotland which began the next Spring and therefore now the more to exalt the Seat of Iustice of which this Court was most eminent he discharges his duty to God and his people in a most excellent Discourse the character of his inward inclination to Iustice and Piety His MAIESTIES SPEECH at his first comming to the Star-Chamber He begins with Scripture Give thy Iudgements to the King O God and thy righteousness to the Kings Son the literal sense upon the Prophet David and his Son Solomon godly and wise the mystical sense upon God and Christ his eternal Son just and righteous from which imitation all Governments especially Monarchies have been established Kings are properly Iudges and sit in the Throne of God and thence all Iudgement is derived from the King to his Magistrates not to them Privative but Cumulative So the Council of Jethro to Moses the Iudges were deputed for easier questions the more profound left to Moses So all Christian Kings govern whereby appears the neer Conjunction God and the King upwards the King and his Iudges downward the King to settle the Law of God and his Iudges to interprete the Law of the King Thus a Jove principium he comes to his Errand I. Why he came not to speak here in fourteen years as his Predicessors have done often especially Henry 7. from whom the King is descended doubly to this Crown and so desires to follow him in his best actions 2. Why he comes now For the first Though he had been an old King when he came hither and well practised to Government from twelve years of age yet here he resolved with Pythagoras to keep silence for seven years That Apprenticeship ended the Impediment was the choice of some worthy Cause betwixt King and some Subject or Subject and Subject The one might seem partial as for himself the other oblique in favour of a party But twice seven years his whole Reign here brings him openly to speak now publickly concerning the reformation of Iudicature in Westminster-Hall which heretofore he had in part delivered in private occasions Dividing his Charge 1. To himself 2. To the Judges 3. To the Auditory First He protests that as Confirmation follows Baptism so now he renews his Oath of Coronation in Justice and Law the common Law of the Land He never pressed to alter but as in the union of his person so he eudeavoured it real to conform Scotland to England not this to that anent the prophecy of his Grandfather Henry 7. That the lesser Kingdom by marriage would follow the greater not the greater the less and therefore married his eldest Daughter Margaret to James the fourth the Kings great Grandfather And so blames that nice opinion that the Union of Great Brittain would alter our Laws which he ever declined as a Maxim in matters of State and Policy Innovation and alteration makes it worse that he was sworn to these Laws and to alter them had been perjury in him Iustice may be moderated by him with mercy but in matters of Iustice he will be blind to partiality to hasten Iustice never to delay He distinguishes the Law The Inheritance of King and Subject to be determined by the Common Law set down by our Forefathers and expounded by learned men in their Comments and called Responsa Prudentum or by Statute-Law and this is Law of Inheritance The other Law Gods Law governs all Common and Municipalls as Dependents and he complains of the neglect of Divine Laws and disrespect to the Ministers of the Church which is the most pure and neerest the primitive and Apostolical Church in doctrine and discipline of any in Christendome Next to this is the Civil Law the Law of Nations It satisfies strangers and his own subjects in matters of Pyracy Mariage Wills which Law he divides Civil and Canon and complains of the contempt upon it and concludes his own charge to maintain so to purge it from two corruptions Incertainty and Novelty to cleer it to the people by advice of Iudges and to purge it of Niceties introduced by Iudges themselves And so as the Pastor takes the Sacrament himself and then distributes so he to them least it be said Turpe est Doctori cum culpa redarguit ipsum The charge to the Iudges consists of three parts To do Iustice Generally Indifferently Fearfully Generally uprightly as to answer God and the King aud punishment from either Indifferently to all parties King and Subject Subject and Subject without delay partiallity clean and uncorrupt Fearfully Not your own conceits for you are no Law makers but Interpreters Jus dicere not Jus dare For you have no voice in Parliament but to advise And though some Laws are obscure and may be better known to you by Books and Presidents yet their interpretations must be subject to common sense and reason Ratio est anima Legis cleer Law or solid Reason But where the formality hath no place as in Denmark the State is governed by written Law no Advocate or Proctor only the parties plead and the Law is read and so sentence He complains of our curious wits Various conceipts different actions and several examples which breed questions in Law But if plain it speaks it self if otherwise as inventions abound they are to enterprete and draw a good Minor of natural Reason out of a Major of direct Law and so will follow a true Conclusion though common Law be a Mystery and your interpretation be not understood yet by the reason of Logick and common sense it will be false And as they are Iudges and divided into Benches so they must confer debate not single opinions per emendata suffragia and thus in generall to their Office And as to their Limits First Not to incroach upon Prerogatives of the Crown deal not in difficult questions ere you consult with the King and Council otherwise is to wound the King through the sides of a Private person and herein commends some of the Iudges that of late rebuked and blunted the sharp edge and vain popular honour of some Pleaders at the Bar for meddling therein The mystery of the Kings power is not lawful to be disputed which seems to wade into the weakness of Sovereigns diminishes the mystical reverence of them that sit in the Throne of God Secondly One Iudicature not to invade upon others unsit and unlawful and herein he inlarges himself That besides Common-Law there are Courts of Requests Admiralty President and Council of Wales of the North. High Commission and every Bishops Court These shall keep their limits and bounds so the common Law shall not encroach upon them nor they on that In Westminster-Hall four Courts Two Civil Common-Pleas and Exchequer Two
such as will not be themselves but their wives and families shall be and they shall appear at Church sometimes inforced by Law or for fashion these are formal to the Law and false to God The second sort are Recusants whose consciences are misled and therefore refuse the Church otherwise peaceable subjects The third are practising Recusants they will force all persons under their power and infect others to be as they are Recusants these are men of Pride and Presumption His opinion can bear with the person of a Papist so born and bred but an apostate Papist hâ— hates such deserve severe punishment He is loth to hang a Priest for Religion and saying Mass but if he refuse the Oath of Allegiance which is meerly Civil he leaves them to the Law against whom it is no persecution but Iustice and the like against those Priests that return from banishment such also as break Prison they can be no Martyrs that refuse to suffer for their conscience Saint Paul would not go forth when the doors were open and Saint Peter came not out till led by the Angell of God Then he concludes with the Ordinary charge against the numbers of Alâ—-houses too frequent buildings in and about London and also the extreme resort of the Gentry to the City bids them countenance the religious Clergy against all Papists and Puritans and God and the King will reward their service Let us remind Scotland It was eight years since the Marquess of Hunâ—lâ—y had been excommunicate upon hopes from time to time of his conformity and reconcilement but increasing insolencies was lately committed and as soon inlarged by the Chancelour underhand favouring too much the Papists The Church complain hereof to the King the Marquess posts to England to palliate his displeasure but a Messenger meets him at Huntington with command to return him home to Justice Yet here he staies until he receives new authority to appear at Court where he humbly submits and offers to communicate But being contrary to the Canons before absolution a great debate followed how to hazard him to the Church of Scotland lest by the way he should recant and indeed the King evermore endeavouring to rectifie his conscience and to recover him to be a Proselyte The adventure was thus pieced the Bishop of Catnes now at Court must consent in the name of the Scots Kirk for the Arch-Bishop of Canterbury to absolve him and the Form new devised so to do in respect of the correspondency of that Church with England The Scotish Church hears of this and interprets that Act as an usurpation upon their Rites which the King is fain to excuse in a long Letter to satisfie that curiosity and lest he should seem to take upon him to palliate so great a presumption of himself onely The Arch-bishop also gave his Reasons in writing without intrenching upon the independencies of so free absolute and intire Authority of Scâ—tland And withall Huntley come home must supplicate that Assembly now convened at Aberdene for their confirmation and his submission which was solemnly performed And because it was about the end of the General Assembly we shall shut it up with inserting such Articles as may enlighten the Reader to the knowledg of the Kings elaborate care and wisdom in reducing perverse Jurisdiction to this moderate issue in conformity to the Discipline of the Church of England by which we may conclude the evident signs and hopes of a full recovery in time from their peevish Hierarchy which had been prosecuted in some measure from the very time that this King took Government to himself and brought it before his death to a semblable conformity with England and might so have prospered to perfection had not their and our sins since set a period to us both 1. That for more reverence of the holy Communion the same should be celebrated Kneeling which always had been standing 2. Not to be denied the Patient desperate sick in his Bed with three or four of religious conversation to communicate with him 3. The Sacrament of Baptism not to be longer deferred than the next Sunday after the Birth and in necessity in a private house by the Minister and publication thereof the next Sunday in the Church 4. That the inestimable benefits received from God by our Lord Jesus Christ his Birth Passion Resurrection Ascension and Sending down the Holy Ghost having been commendably remembred at certain days and times by the whole Church of the world every Minister upon these days should therefore commemorate the said benefits upon those set days and to make choice of several pertinent Texts of Scripture to frame his Doctrine and Exhortations thereto And because Confirmation after Baptism stuck in their stomachs and indeed the King was unsatisfied therein terming it a meer Hotch-potch and not clear to his apprehension But yet thus much was concluded That seeing the Act of Confirmation of Children is for their good Education most necessary being reduced to the primitive integrity the Minister shall catechize them after eight years old to rehearse the Lords Prayer the Belief and ten Commandments with Answers to Questions in the small Catechism used in the Church And that the Bishop in their Visitations shall bless them with Prayer for their increase of Grace and continuance of Gods heavenly gifts with them So much was done indeed and presented humbly to his Majesty with some Reasons why the same being novel to them were not as yet inserted with the Canons which the King did not then otherwise press as resolving to effect his desire at his coming personally into that Kingdom when his presence should satisfie with Reasons all scrupulous aversion About this time happened that difference in the Family of Sir Thomas Lake one of the Secretaries of State between his Wife and Daughter and the Countess of Exeter which involved him and his into ruine This Lake was a learned Gentleman brought up under Sir Fr Walsingham that subtil Secretary of State as Amanuensis to him And after good experience of his deserts was recommended to Queen Elizabeth and read to her French and Latine in which Tongues she would say that he surpassed her Secretaries and was so imployed all her time for he was reading as to quiet her spirits when the Countess of Warwick told him that the Queen was departed But not long before she received him Clerk of her Signet And he was chosen by this State in that Place to attend King Iames from Berwick And so sufficient he was that the King made use of his present service in some French dispatches by the way that he came hither which indeed Secretary Cecil had reason to resent as too much trenching on his Office And therefore craveed leave of the King that he might not attend beyond his Moneth to prejudice the other Clerks which was excused and he kept still at Court These sufficiencies of his enabled him in these times of gaining with much repute and
course but it fell out more fatal to him which lasted to the end and thereby wrought its best use In the midst of sufferings the bread of sorrow tastes better than the Banquet of fools for afflictions brings such mens souls to be Saints at the Mark which otherwise would be overgrown with too much Greatnesse His memorable abilities remain but in few and his compassionate infirmities common to all To expiate which he did as became him to do to the House of Peers prostrate himself and sins which ingenuously he acknowledged promising amendment of his life and made it good to the Worlds eye Those excellent works contrived in his retirement do evidently manifest his wit and worth with much regret to many good men that such an one should be fallen off from the face of State In Bacons place comes Doctor Williams Dean of Westminster by the Title of Keeper of the Great Seal of England the same power and Jurisdiction as the Chancelour see Statute quinto Elizab which was not so besore At first but as Vice-Chancelour Matthew Paris saith Custodiam â—igilli Regii accepit Cancelarii Vices Acturus Officium c. He was also then made Bishop of Lincoln together to make him more capable of the Office brought in sayes one to serve turns which no Lay-Man was bad enough to undertake Former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-man they best knowing a Case of Conscience and antiently the Civil Laws were adjudged by the Ministers of the Church and the Chancery and other Courts of Equity then in the charge of a Divine Minister And therefore a mistake in the Record that sets it down as a Wonder for an Arch-bishop of Saint Andrews to be made Chancelour of Scotland by King Charles a thing he saies not known in that Kingdom for three hundred years before for a Clergy man to bear that office But we find Iames Seaton and David Seaton both Arch-bishops of Saint Andrews and Chancelours of Scotland within one hundred years space And many other Arch-bishops and Bishops within three hundred years not only Chancelours but Judges of the Law Master of the Robes and other Offices of Judicature By which means their onely Bishopricks too poor they advanced to degrees of wealth enabling them to erect most of those sumptuous Fabricks of piety and Honour in that Nation and so in England by our Clergy by this man also in some measure So ran the Channel till Bacons father had it from a Bishop and now a Bishop has it again and had King Iames lived to have effected his Desires the Clergy had fixed firm footing in Courts of Judicature out of the rode of the Common-Law and this was the true cause of Williams initiation thither his quality thus fitted for the Kings intention He was in truth Chaplain to Buckinghams Mother and let into Court parallel in some degree with Cardinal Richlieus entrance by Queen Mother of France a Man may take view of these conformities not few if you consider proportions what is allowed to the Jesuit must rebate of the Reformed and what this man could not do in competition as the other his aim shewed his will but not the effect But at his entrance into this Trust comes two Bills signed from the King to be made Patents by the Seal the one for a Pension of two thousand pound per annum and the other for the Office of Earl Marshal of England both of them to be conferred upon the Earl of Arundel The first though with some regret in those unseasonable times to receive such large pensions which yet he sealed but took upon him to trench upon the Lord Treasurer Middlesex who willingly gave way to it for which they both had enmity ever after The later he refused upon these Queries 1. Whether in the Delivery of the Staff to the Earl his Majesty did not declare it to him for ease of the other Commissioners that executed it before with him and so to imply no inlargement of power which this Patent doth 2. Whether his Majesty means that this Patent leaping over the powers of the three last Earls Essex Shrewsbury and Somerset should refer only to Arundels own Ancesters Howards and Mowbrays Dukes of Norfolk who claimed that place by Inheritance the usual way and reference of Patents being unto the last and immediate Predecessor and not to the remote whose powers heretofore in these troublesome times were vage uncertain and impossible to be limitted 3. Whether that this Lord should bestow those Offices settled in the Crown as Sir Edward Zouches in Court Sir George Reynolds in the Kings Bench and divers others all which this Great Patent sweeps away being Places of Worth and Dignity 4. Whether my Lord Stewards place shall be for all his power of Judicature is in the Verge either altogether extinguished or at least subordinate to the Office A point considerable because of the Duke of Lenox who was Steward his greatness of Person and neerness of blood to the King And here he claws him 5. Lastly whether that the Offices of the Earl Marshall of England and the Marshall of the Kings house in former times distinct shall be now united to this great Lord A power limitted by no Law or Record but to be searched out from Heralds Chronicles Antiquaries and such absolute Monuments and thereupon this sixty years for Essex his power was cleerly limitted only as Marshall unfit to be revived by the Policy of this State And by these queries the Patent was pared which increased malice to the end of their Days Certainly there is a difference between the Earl Marshal of England and the Marshal of the Kings House See Lambert Archiron or of the High Courts of Justice in England The Marshall of England and the Constable are united in a Court which handleth only Duells out of the Realm and matters within as Combats Blazon Armory but may not meddle with any difference tryable by the Laws of the Land The Marshal of the Kings Houshold is united in a Court with the Steward which holds Plea of Trespass Contracts and Covenants made within the Verge and that by the Laws Articl super Cart. cap. 3 4 5. The honour of Lord Marshal is so antient as Thomas Lord Mowbray by Richard 2. was created Duke of Norfolk and the first Earl Marshal of England anno 1397. And so successively unto Iohn Lord Mowbray who dyed the 15. of Edward 4. anno 1475. and had issue one only Daughter married unto Richard Duke of York second son of Edward the fourth and was by his Father created Duke of Norfolk and Earl Marshall of England murthered in the Tower anno 1483 without issue Then comes Iohn Howard Son of the Daughter and coheir of Thomas Mowbray Duke of Norfolk and was by Richard the third created Duke of Norfolk but not Earl Marshall Nor was his Son Thomas
England blasted 87 K. KIng's design to meet his Bride in Norway disposes his Government 150 marries the Queen and goes into Denmark 152 his Queen arrives in Scotâ—and and is crowned 153 Kirk have what they desire manner of their Excommunication 45 ingratefull prescribe behaviour to the Church of England 46 stiled Precisians 84 Kirk stirs the State being troubled 166 Kirkmen in Scotland mutiny 137 138 John Knox Minister the prime Incondiary of Reformation 12 his Travels and Faction accused of Treason 15 arrives in Scotland and begins Troubles 20 insolency towards Morton and conâ—ers with the Queen 31 his Breves to his Brethren he is questioned 33 his insolency 34 preaches against Government 38 L. ANtient League between the Scots and French 12 Holy League 106 Holy Leaguers 155 League offensive and defensive between England and Scotland 112 Lenox and Darly return from banishment 34 Lenox elected Regent 69 is slain 77 his old Countess dies her Descent and Issve 87 Lewis Isle reduced in the North and the effect 256 Lords take Arms and are defeated fly into England and get aid and submit 39 banished and return 42 Lords conspire declare seize the King at Sterlin and treat 107 Love-trick of a Woman 168 M. MArriage proposed between England and Scotland 10 Marriage of King James with a Sister of Denmark propounded 107 Ambassadours about that Marriage 137 Earl of Mar Regent 77 dies 78 Northern Martyrs 9 Queen Mary sent into France 14 returns out of France 25 Queen Mary affects the Lord Darly 34 and proposes to marry him 36 she answers the six Articles of the Kirk and marries Darly 37 takes Arms against the Lord 38 is brought to bed of King James 42 Summary of the Lord Darley's murther and of the Queens hasty Marriage 48 Queen Mary resigns the Government to her Son King James 52 is defeated flies into England and writes to Queen Elizabeth 62 Queen Mary imprisoned her Commissioners treat in England 63 Queen Mary designed to dy 86 writes to Queen Elizabeth 95 Queen Maries story returned to 113 Queen Mary comes to her Trial 115 the manner thereof ib. her Sentence of Death 116 the sequel 117 King James perplexed sends to Queen Elizabeth Letters Ambassadours who reason with her 118 120 false Tales Scotland in disorder the Kirk refuseth to pray for Queen Mary ib. Mandate for her Execution the manner thereof 121 her Epitaph 126 Queen Elizabeths Letter to King James 126 Davison sentenced about Qu Maries Death his Apology to Walsingham 127 Walsingham's Letters to the King and the Lord Thirlstan 128 the Kings Deportment on his Mothers Death 134 is caressed by Queen Elizabeth 134 Designs of several Nations to revenge her Death 135 Massacre of Protestants 〈◊〉 France 83 Mass opposed 26 Melvil a Disciplinarian his railings 82 a fiery spirit 85 his evil manners 100 Insolency against the Mass 32 Maxwel arms against Johnstone 106 rebells and is taken Prisoner 138 Messam the Minister hath a Bastard 29 his penance 42 Ministers assemble at pleasure 26 allowed maintenance by Modificators 27 vote themselves exempt 〈◊〉 justice 28 Ministers denounced Rebells fly into England 102 Ordinance of Parliament against them and for what reasons 102 their impudent Reply sharply answered 103 Ministers and their insolence 109 cause of good Acts ib. Ministers in tumult 174 Blake a Minister his mutiny and story 196 Welch a Minister his preaching 202 Ministers refuse to give God thanks for the Kings Deliverance and are silenced ib. Earl Morton Regent 78 basely betrays the Earl of Northumberland 80 besieges Edenburgh 80 his Coin 82 Misgoverns the Lords conspire against him 88 offers to resign 89 Morton deposed plots revenge 90 imprisons the Chancellour 92 is charged with murthering the Lord Darly is executed his Character 95 Mowbray's intent to kill the King 257 Muâ—â—ay made Protector 59 takes Arms 60 posts to Queen Elizabeth 67 is slain 68 Murray slain 166 the cause lamented ib. Murther of the Guises and Henry 3. of France 153 N. NArration of the Spanish Navy 141 number of the Ships Men and Ammunition 142 defeated by Fire-ships 145 Queen Elizabeths message thereof 141 Rumours of the Spanish Navy in 88. 140 the Kings Speech thereupon the Chancellours opinion Bothwel on the contrary Colonel Semple's false Designs ib. is rescued by Huntley who is banished the Court 141 Netherlands called to account 209 〈◊〉 of Norfolk committed his story 68 arreigned and executed 78 Norris sent over to Ireland 209 Earls of Northumberland and Westmerland fly into Scotland 68 betrayed by Morton and executed 80 Earl of Northumberland pistols himself 114 Northumberland writes to King James and his Answer 259 O. ORmston executed about the murther of the Lord Darly 84 P. THe Kirks justice against Papists 30 Papists Plots 169 Papists banished â—â—8 Papists Plots devising 〈◊〉 Titles of Pretendeâ—â— to the Crown of England 188 Parliament surprised 77 Parliament Royal 91 Parliament wherein the Kings Supremacy is conâ—irmed and divers Laws against 〈◊〉 enacted 104 Duke of Parma dies 170 Paulet Lord Treasurer dies his childrens children 〈◊〉 76 Antonio de Perez 86 Perez his character 189 Popish Lords return from banishment 194 Presbyters fly into England and why 104 their equivocation ib. Proceedings against Popish Lords by the Ministers 173 Propositions for Queen Mary and Queen Elizabeth 67 R. RAndolph Ambassadour 91 abuses his privilege 94 dies 161 Rebells defeated 29 Rebells submit and are committed 149 Reformed rebell 20 covenant and call in Aid French and English 21 covenant to expell the French 24 Articles of their Faith France their Presbytery 24 Reformation in the University 213 Religion The Scots how Christians 8 Remonstrance of the Assembly against Papists and the remedy 178 179 Riâ—t comâ—ittâ—d by the Lords 27 Rizzio thâ— French Secretary 39 Bishop of Rosse Ambassadour for the Scots Queen examined 73 is relâ—â—ed imprisonment 83 his Death and character 208 S. SIiege of Ostâ—nd 252 Earl of Shrewsbury dies 161 Spanish Forces land in Ireland and are defeated 254 Squire impoysons the Queens Saddle 221 T. TItles forrein their precedency at home dispuâ—ed 211 Treaty at Cambray 19 at â—denburgh 24 U. UNiversity reformed 213 W. WAde sent into Spain returns unheard 103 Walsingham dies his character 160 War in Scotland and France by the English 10 assist several Factions 21 Welch a Minister his preaching 202 Witches See Bothwel Witches discovered 2â—3 Wotton sent Ambassadâ—â— to Scotland 206 Wotton plots with the câ—â—spiring Lords and posts home 107 Z. LOrd Zouch Ambassadour from Englandâ—â—mentâ— â—â—mentâ— the send against the King 176 Narrative Passages of the first Part and stories to be read single by themselves 〈…〉 〈…〉 〈…〉 of Geneva 15 Queen Maries Marriage with the Lord Darly 36 〈…〉 〈…〉 and story 42 Darly the Queens Husband murthered 48 Narrative of Darly's murther c. 52 Digression of Combates and 〈◊〉 53 Queen Maries escape out of Prison in Scotland her Encounter with her Rebells she is discomfited and flies into England 60 Digression
some time resented with tears threatning revenge which to avoid they fly to England where Ruthen dies The Noise hereof in the Town caused the Provost to ring the Common Bell or sonner le Tocsen as the French speak assembling 500. and come up to the Court but the King told them all was well The King to strengthen himself after this Action inclined to the Religion and subscribed to a Proclamation that all Bishops Abbats and other Papists should avoid the Town which they did and commands the Provost and those of Lieth and Conogate to be in arms with advice also to other Lords to hasten to him with force And now comes Murray and other banished Lords being sent for as the Covenant against Rizio was subscribed convoyed by Hume with 1000. horse The Earls Cathness Athole Sutherland with all the Bishops being departed the Town In comes the other new faction of Lords and in Council advise the Queen to be satisfied with Rizio's death and take it as good service the Queen dissembling her passion got the remove of all the men in Arms out of the Court and so with some domestiques in the night drew the easy King to fly with her to Dunbar sending for all the Lords to attend in five daies The Religion by these factions ever-more get advantage which otherwise this Parliament now sitting might have lessned being most Papists for a dozen wooden Altars were prepared to be set up in St. Giles Church The Queen now assisted with Bothwell Huntley and others with Proclamation before them march with a thousand back to Edenburgh from whence the united Lords but divided in opinions depart and disperse and Knox we easily believe was not left behind And much troubled were he and his that the King by his Proclamation now excused himself from the Murther of Rizio who offended all men their own words the fact being done for his Honour if he had wisdome to see it and so lost his Credit and Friends by his Inconstancy and trâ—ly it was rumoured and some writ so that Knox had a hand in it Divers Lords were put to the Horn their Lands escheated and many of them executed but Arguile and Murray received into favour and both factions somewhat pieced and reconciled The King and his Father neglected and Bothwell preferred very highly The Ministers Supplicate for their Stipends complaining very humbly not usual of the Officers and Collectors and for redress desire Mandatory Letters for Restitution and to stop it in the Queens Exchequer till farther Order In all she promised very gratious relief The 19. of Iune 1566. the Queen at Edenburgh was delivered of a Son with exceeding joy and great happiness to all the Kingdome and the several assemblies followed assisted by Murray and Arguile wherein Paul Messans formerly excommunicate about his Bastard as aforesaid and now returned out of England was to be received into the Church again Knox invited him home and presuming of his free pardon and forgiveness sent his Apostolique Letters to accompany him to the Assembly and tells them in the words of St. Paul concerning the excommunicate incestuous person It is sufficient that he was rebuked of many c. For this cause I write that I might know your obedience in all things and to whom you forgive I forgive also c. But notwithstanding this Apostolick Command his Repentance is prescribed much like a Penance Presenting himself in Sackcloth bare of Bonnet and bare of Shoon for an hour at the Entry of Saint Giles Church in Edenburgh at seven hours in the Morn till Prayers psalm and Text and then upon the Stool all Sermon and so for three several Church-daies and confesses his Repentance And in this manner also in Iedwart and Dundee which after all performed and received a Repentant He complaining of this rigour and shame without taking leave of any retires back again into England The Bishop of Galloway the Earl of Huntleys Brother being called to Council could not brook his former title of Super-Intendent as he was stiled and thereof formerly well pleased but must be called Bishop of Galloway In August one Harris that had been of the Queens Chapel but lately of the reformed Religion and got into E. Ruthens service having acted in the Murther of Rizio was thereof convict hanged and quartered The King condemned of all and neglected of the Queen wrote to the Pope and to Spain complaining of the Queens ill Government of the Catholiques which she intercepted and resented to his ruin For Bothwel to bring on his Design aimed to be Principal and to effect his Greatness thought good to procure Morton to be called home but not to Court where he might look on and not be seen free from fear and danger and though a Kins-man to the King yet his Power was lessened to nothing Most writers complain of these times and some of them like Noahs blessed Sons overspread with the Mantle of silence the nakedness of these unnatural actions of such as we ought to ow duty and piety unto pittying the Errors of Princes Their excellent endowments of Nature and Morality not to be exampled and yet Shipwrackt in mis-governing I cannot search into all the Causes which drew on these lamentable events Secret Lothings in Wedlock which who knows but the Actors dislike hatred freedom revenge seconded with false shews of Reason and Colour of Law and Justice what will it not do Her Husband had dragged Rizio from her affection and favour to death He was not crowned but made publique by Her Proclamation not acknowledged by Parliament and in law but a Private Man and her Subject and so lyable to judgment But his powerful kindred and Friends prevent that attempt Secret Justice is Justice formalities are for common Causes and the Princes power may dispence with forms in case of necessity or convenience and so he became an object of wicked mens malice And now had Knox procured though heretofore he cunningly refused as fearing prevention or false play when now not overlooked he to his purpose got the Churches of Geneva Bern and Basil with others reformed in Germany and France to send to the Kirk of Scotland the sum of their several Confessions of faith he alleging the dissonant opinions of Scotland which occasioned an Assembly of Knox and his Confidents who having a confused irregulation without any positive Articles concluded as the most cunning way to assent to all without exceptions and so returned answer as if in Spirit to jump in faith and discipline who never could agree amongst themselves in either At this time the Kirks saies so Bothwell was wounded in chace of the Theeves at Liddisdale whom the Queen visited and thereof in grief took sickness in extremity but say they by binding Cords about her shacle bones knees and great Toes a pretty cure for our Mountebanks It seems an od fit of the Mother she revived prayed in English and commends the
hands of the Earls of Huntley and Arguile and sent to Q. Eliz. as an undeniable Truth dated Decem. 1567. which I have seen Hereupon the Confederates to acquit Bothwell of the Murder consent to the general apprehending all such as were suspected and Bothwel in particular accused by the Earl of Lenox the late Kings Father his Case is pleaded by Morton and he cleered by Sentence of the Judges And now Bothwell fitted with honour to a capacity of Mariage the Confederates gaining many Lords to their design set their hands to an Instrument for that purpose and altogether implore the Queen to mary Bothwell which being done and their turns served Then they increase a violent suspition and vent it abroad of the Queens guilt and consent with Bothwell and so conspire her deposing and his distruction Murray most suspected for the great Villany which followed intreats for leave to travel into France as weary of these Disquiets and to colour his knavery commits his whole Estate in trust to the Queen and Bothwell No sooner gone but all the Confederates take Arms publishing That Bothwell now Duke of Orkney intended to surprize the Prince and captivate the Queen who get forces and proclame them Rebels and march to Seaton and thereabout The Armies face each other of equal strength The French Embassadour mediates for Peace but to no purpose and so retires into Edenburgh The Lords to add Justice to their Cause which seemed horâ—id against their Comfortless and distressed Queen satisfie the people that were racked into fears and jealousies how to distinguish these distempers in State They caused therefore their Ensigns with this device The late King wounded and dead the Prince James kneeling by his hands heaved up towards Heaven with part of the Psalm Iudge and revenge my Cause O Lord. Then out comes Bothwel and to avoid the blood of many offers his own in combate against any Iames Murray the younger Brother accepts the Challenge but he is refused as not equal in honour The elder Brother William Laird of Tyllyburn and then Lord Lindsey desired the Combate To whom Morton sends the warlike Sword of Earl Archibald commonly called Bell the Cat and a Buckler with these he presents himself between the Armies and Bothwel there before But the Queen forbad them In fine the Lords increasing numbers being neer home Edenburgh and the Hamiltons failing the Queens forces Bothwel takes time to fly being under-hand advised by Morton his pretended back-friend which he did least if taken Prisoner he might be to unravel all these Treacheries And now absent it would increase belief of his and the Queens guilt in the late Murther of the King He gone and â—he worsted in fight and without any defence renders her self into Edenburgh Castle for thatnight and the next day she is carried Prisoner to a Castle in the Isle of Lochlevin under the strickt custody of Murrays Mother the Harlot of Iames 5. insulting over the poor imprisoned boasting her self the lawful Wife of Iames 5. and her Son to be his lawful Off-spring Bothâ—ell under hand sends to Balfore Governor of the Castle for a Silver Cabinet of the Q. which was delivered to the Messenger but discovered to the Lords who surprized it and so the secret Letters opened all their actions In this hurray of affairs the Ministers never idle break down the Abbies and all the figures of painting and sculpture in the rich Chapel of Holy-rood At last comes the Hamiltons with forces in sight of Edenburgh to recover all assisted with Arguile the Earls of Huntley Caithness Rothess Crawford and 15. Lords besides others of Geâ—try The other Lords move the general Assembly of Miniâ—ters now as alwaies in uprores convened in Iune to write to the Enemy And besides those Letters who more busie to accompany them and go on the Errand but the Ministery that meanâ— nothing less than peace Knox Dowglas Roe and Crage making such demands for themselves and more maintenance for the Ministery That the Cure would be far worser than the Disease These Peace-making Ambassadors but more military minded return with their message bad enough to be bid welcom which they also heighten for their own purpose and join altogether in 8. Articles That the former Parliament 24. of August 1560. and all the Acts for Religion should be made good and defended as lawful That the thirds of Tyths and larger proportion of Benefices for the Ministers For reception of youths into Schools and Universities by probate to be reformed Crimes against God to be punished The Murther of the King to be prosecuted The Prince protected The Covenant promoted Popery suppressed by arms if need were That all successive Kings and Princes at Coronation to be sworn to the Religion Queen Elizabeth detesting these unbridled insolencies of Subjects whom she termed Perfidious Ingrateful Cruel Rebels sends Sir Nicholas Throgmorton to expostulate with the Confederates to restore the Queen from imprisonment and preserve the Prince into England They all assemble Rebels seldom consent in unanimity but resolve Not to admit Ambassadours of England nor Le Croc. and Ville du Roy out of France to see the Queen Lethington the cunning Secretary and his faction advise for her restoring he Murther of the King to be answered the Prince provided for Bothwel divorced and Religion published Others would banish her perpetually into England or France and those Princes to undertake her Renunciation of Regency to her Son and certain Lords Others are for her Tryal Condemnation and perpetual custody and to set up her Son The last and most villains would have her deprived of Princely Authority life and all and this Knoâ— and other Ministeâ—s thundered out in Pulpits Throgmorton disputes her Cause alleging what the Word of God and all National Lawes do decree concerning the sacred power of Soveraigns and earthly duty of Subjects They reply with Buchanans damnable doctrine de Iuâ—e regni apud Scotâ—s Murray and he Contrivers of that Tractate contrary to the whole Histories of Scotland to create and depose their Princes They excuse their non-admission of the English Ambassadours address to Her with the denying of the French who seemed to be satisfied And in conclusion frame a Declaration in writing without subscription of any which they exhibite to Throgmorton in answer of all In effect To no other intent they shut her up but to sequester her from Bothwels person whom they pretend she dotes upon to their râ—in and so whilst she cools towards him her anger may abate from them with which result and no more he takes leave and returns home to England They work upon her restraint and miserable Imprisonment first in fair way to resign her Regency and to incline her they loosen her to a little freedom the better to shew her the means to escape away but increasing threats if she refuse to arraign her for Incontinency Murther and Tyranny At last they compel
him enters the other conducted by Sir Henry Cheyney and both Combatants take Oath to come fasting But ready to encounter the Demandant was missing and so by default the Chief Justice resites the Writ and former passages of challenge and gives Judgement for the Tenant and leaves the Demandant and his Pledges de prosequendo in impercordia Reginae â—id Dyer 30. Some preparations there were of late in King Iames time intended between two Scotch men the Lord Ree and David Ramsey in point of Treason but I know of no other policy preventing the Tryal than the doubtful effects to decide the question by this way to find out truth But because the matter hath been long laid aside the manner thereof will not be amiss to preserve to Memory The Ceremony was wont to be thus when it was in Authority and use in the Earl Marshal or High-Constables Court The Appellant exhibits his Bill in the High Court Constable or Marshal and failing of his proofs offers force of his own body upon the Defendant And the Constable as Vicar General in Arms so saies my Author under the King hath power to join issue in Battel and within fourty daies after to appoint time and place The Constable assigns them arms being a Gantlet and short Sword and Long Sword and Dagger They bring able pledges for appearance at the day and for good behaviour to each other till then The King names the Field sixty foot long and fourty foot broad firm ground and even listed about by Order of the Marshall with Rails with two Dores East and West seven foot high and kept by the Serjeant at arms At the day the King sits on a Throne mounted with two seats on each hand for the Constable and Marshall at the foot of the Ascent who demand the Pledges to render themselves to the King or the Appellant and Defendant to come in and make Oath The Appellant comes on horse-back to the East dore whom the Constable brings in and demands his name and why thus armed He answers I am A. B. Apellant and demand Entry to make proof of my intent against C. D. and to acquit my Pledges The Constable takes off his Bever and proclames him to be the Man opens the door and bids him enter with his Arms Victuals necessary Attendants and Council presents him to the King and sets him on a Seat till the Defendants comming and request being made his Pledges are discharged Then the King commands the Constable who commands the Marshal and he the Lieutenant and he the Marshal of the Heraulds of the South if it be this side Trent being the Marches of King Clarencieux or otherwise if it be Northward then the Heraulds of Norris King of Heraulds there to call the Defendant thus O yes C. D. Defendant Come to your Action acquite your pledges in the presence of the King Constable and Marshal to defend your self against A. B. before three of the Clock after Noon He enters at the West dore in like manner Their Appearance presently Registred in the Records of the Constables Court with the order time horses arms and attendants and their manner Two Knights are assigned Observant to either Adversary that they take no charm or spel or other evil arts till their Oath be taken which the King commands the Constable to receive and what other Protestations their Council shall advise If not The Register saies you A. B. Appellant do you know this to be your Bill of Complaint exhibited in Court before the Constable Swear to the Truth thereof in all points and that you intend to prove the Contents thereof upon C. D. so ayde you God and your Patron Saint and then proclaims Thou A. B. thy Bill is such in all points continue thy intent to prove it this day so God help thee and hallowing The Defendant C. D. in like manner c. Then the Appellant takes his second Oath That he comes appointed with Arms as was assigned without knife or other sharp weapon no stone or herb of virtue charm or spell of power or belief to be assisted but only by God and his own Body and merits of his Cause So God him help c. The Defendant swears the like The Constable bids them both to take each other by the right hand without violence gently and laying the left hand on the Book He saies I charge your A. B. that you use all advantages to force the Defendant to render himself into your hands or to demand a Parley or with your own hands to kill him before you part out of the lists by the light of the Sun and age of the day assigned by your Faith and so God help you The like by the Defendant Then O Yes The Herauld pronounces In the Kings name That no person approach within four foot of the List keep silence give no sign by Countenance or otherwise to advantage either upon pain of life and member and loss of Chattel The King of Arms and Heraulds are assigned to Minister unto them to eat or drink of what they brought with them asking leave of each other Within the Lists are admitted a Knight two Esquires of the Constables Train and the Lieutenant also a Knight and two Esquires of the Marshals being all in Armour with Launces unbarbed to part the Combatants at his Majesties pleasure and these lying flat on the Ground at each side of the List only the Constables Lieutenant and the Marshals standing At the instant of the Kings Direction the Constable shall say Let them go Let them go The Appellant advancing upon the Defendant the Constable stands ready at the Kings pleasure whilest they fight viz. to stop take breath or otherwise neither of them ingaged in advantage They may not whisper In case of Trâ—asâ—n the convict shall be disarmed by command of the Constable one corner of the List to be broken down his body dragged at a horse-tail to the block of Execution to be beheaded or hanged on the Gallowes the Marshall to see Execution But in cases of particular interests he shall not be drag'd but shall be thrown over the lists and lose the penalty of the Lands or honor in question The vanquished forfeits his Horse and Arms and all which he brought into the Field with him unto the Constable as his Fee The Lists Rails Seats c. to the Marshal If the Combate be withdrawn by Command or perswaâ—ion of the King and both content else not they shall be led out together by the Constable and proclamation made thereof with equal honor to them both I have read of such a duel Combate before the King of France between Robert le Blanch and Leâ—â—â— le Force in a case of Treason Blanâ—h the Appellant grapples le Force and casts him down sets his left foot upon the others stomack holding up his right hand with his sword by the Hilt his left hand within a foot of the point and therewith presently he meant to
â—tab him but to add more strength his right foot was somewhat raised from the ground when instantly the King cryed Hold hold casting his Truncheon to part them Whereaâ— le Force nimbly leapt up without hurt The King being willing to preserve le Forces life â—ot with any good affection for he supposed him guilty but for the future examination of Conâ—â—deracy Yet he adjudged him â—anquished which the Defendant â—tterly denied and craved Iudgement of the Conâ—table and Marshal who had a preâ—â—y way to save the Kings honour and yet to do Justice Their sentence therefore was that le Force should be prostrate to the fatal stroke as before and the Apellant with all his former advantage and form of postures and so they did When le Foâ—â—e with nimble strength liâ—ted up Blanch his right foot which 〈◊〉 him down skipt up 〈◊〉 and stab'd the other to the Heart And forthwith kâ—eeled to the King told him That 〈◊〉 the Assistance of his Patron Saint the merit of 〈…〉 event of thâ— legal Trâ—al which he in Honoâ—r would not refâ—se Yet for more satisfaction to his Majesty he produced six sufficient witnesses attending in the Field whom he preserved upon all events and who cleered him However the King quarrelled with the Constabâ—e and Marâ—â—all for declining his Sentence being Supream which they humbly denyed The King being a Party in case of Treason or Felony cannot be judge in Lands and Honour he may This diâ—tinction in those times of Treason was taken for Reason But though these Combatings are rarely now in Example yet have we taken up Private Duells the more frequent sometimes for Right but inâ—oâ—â—erably too often for Honour as we term it Certainly to use the Sword in a private 〈…〉 party must be a tempting of God and an 〈◊〉 Tryal though we read two of them in Scripture The challenge of Goliah which David undertook The inveterate quarrel of Ioab and Abner in the Interests of their several Masters David and â—â—hbosheth perforâ—ed by twelve on either pâ—â—t singly the Challengers had the worst It was commonly imitated by some Gallant in the Head of an Army in France and Holland or by Parties but the wise William of Nassaâ— at the siege and loss of Breda after Briote was so slain forbid it any more to be done during his life In how ill condition is that righteous cause which must be concluded by the Sharp Force and Fencing for Saint Bernard saies That he that conquers Mortaliter pecâ—at he that is slain aeternaliter perit The difference of the evil is the Challenger hath in it more provocation It hath been held lawful for a man slandered by an unjust Accuser to vindicate himself by his own Sword But It destroyes Iustice and Robs God of his Revenge Ordinary and Common Challenges upon what ground soever being willingly refused and yet by the Adversary therefore proclaimed base and cowardise may diminish the offence of acceptation but concludes him deeply guilty by Gods Laws The Plea of Conscience ought to suppress the Fancy of any Fighter The result is thus To answer the Challenge let a Man provide to be daily armed and if he be set upon God and his Cause willdefend his Life and Honour To make a bargain of bloodshed is damnable and the intention though both escape is murther The Council of Trent excommunicated all persons whatsoever none exempt with loss of Lands and Christian burial But Bothwell who causeth this Digression being rid of the Combat flies and was pursued to ship-board but got to sea turned Pyrate about Orknay Morton at his own charge set out several Ships to take him Grange was Admiral and almost surprized him yet he escaped in a light Pinace over a crag of the Sea which grazed on the Sands but the pursuers stuck fast and were saved by their Cock-boat and Bothwell got into Denmark was there suspected examined and imprisoned Earl Murray having with much seeming unwillingness in August accepted the Protector-ship which he long thirsted after Summons a Parliament in December In which the Resignation Coronation Regency and the Queens Imprisonment were confirmed And forthwith accompanied with the Conspirators repairs to the Imprisoned Queen at Loch-leven Mortons Castle She besought him with tears to protect the young King to govern with a good conscience and to spare her Life and Reputation Then to colour his Villany he executes divers for being present at the Late Kings murther But they protested at the Gallowes that Murray himself and Morton were the Authors cleered the Queen and so did Bothwel Prisoner then in Denmark and so to his dying day That she was not privy nor consenting And fourteen years after when Morton was executed therefore he confest That he moved that the Queen might be made a Party therein but Bothwel refused And thus the Government not so secure but factions increased envy to the Regent hatred to Religion and duty to the Queen now Bothwell was gone Metallan and Tylliburn the Hamiltons Arguile and Huntley join together And Beaton Arch-bishop of Glosgow now Lieger for the Queen in France with much secrecy gave them hopes of Men and Money Her cruel Imprisonment forces her escape by means of George Dowglass brother to the Governour of the Castle being oft times trusted with the Keys to let in and out the Queens women And in the disguise of one of them she got out and he and Tylliburn rowed her over the Lake and with a dozen horse men convayed her that night to Hiddery the next day increasing to five hundred horse with the Lord Seaton and Hamiltons they came to Hamilton Castle and because this Design was her last which she acted in Scotland we have searched out the truth from several Relators as followeth The Regent Protector now at Glasgow and pleasing the people with seeming Justice to settle them was now himself to seek for Protection Some advised him to Sterlin where the King was but Dowglas opposed protesting to do as Boyd had done who was gone to the Queen with intention as he perswaded them to act Husha's part for he returned a message to Murray To do them better service with Her Morton and Simple advised the same to stay at Glasgow for safety consisted in sceleriâ—y the Queens liberty would soon gain the People and the more remote the more affectionate to her Their own strength was the Towns-men and as Enemies to Hamilton the Surer their faith to them Cunningham and Simples potent Neighbours Lennox and the Kings party many and the Earl of Mars forces not far off to whom Messengers are posted round about The Lord Hume came with six hundred Horse and so conceived themselves four thousand strong sufficient to dare the Enemy The Queen was gotten head of six thousand and conâ—iding in this advantage of number she purposed to withdraw her person for safety into Dunbarton Castle and so to mannage the war with expedition or lingring at pleasure Mâ—rray guessing at
conserving the peace of Religion to which they were urged by the factious Ministery and which to secure they endeavour to remove Lenox and Arran from the King that was their colour but in their absence they invite the King to Ruthen Castle and their seize him Prisoner with threats of death untill he consented to the imprisoning of Arran banishing of Lenox into France and the return of the fugitive Angus out of England Of this the distressed Queen of Scots Prisoner at Sheffield writes to Queen Elizabeth a long letter full of miserable sadness Exquisitely expressing all her sufferings from the first of her subjects very oft Rebellion against her from which persecution being invited by her Majesty to rest secure upon her Princely succour and defence she is now by length of time drawn on to dispair of release from that hand which lodes her with lingring of a lothed life plainly and justly demonstrates her to be active and passive consenting to all her Mishaps She calls God to witness her Impartial affection to her Person and her innocency from prejudice of her affairs and State Desires justice of God and her and implores the mitigation of her misery and some more freedome though with Imprisonment of her Person Layes all particular differences home to the Conscience of the Queen and signs to her Letter Vostre tres desolei plus proche parente affectionate Seure Mary Reg. Indeed these were sharp and peircing which so much disquieted Queen Elizabeths Conscience that she consults to release her jointly to govern with the King And eight Articles were drawn up even such as they were the world knew she would never refuse for her extremity enforced her to yield to most unreasonable but this was but to spin time till the State could find some other expedients or some exceptions which dayly happened by Examinations Confessions or Suspitions grounded upon slender yet continual attempts of private persons and publique Designes of Forein States for the poor Queens interests which failing for her good she was though innocent sure to smart But because the manner of the Kings restraint in Ruthen is diversly related and which the Kirk justified for their own ends I shall adventure upon the Truth in these particulars hereafter Some of the Lords combining mischief to the King under colour of Religion and Liberty of the Kingdom took occasion and advantage of the Duke of Arrans absence from the Court and detained the King at Ruthen These Conspirators were Iohn Earl of Mar William Earl Gowry Lords Lindsey Boyd Clames and Oliphant Some Abbots and Lairds and stopt the King going to hunting who not being answered to the reason and cause grew in passion which concluded in tears to be thus vilified But it was reproached That better bairns should weep than bearded men This news hastens the Earl of Arran to Court where he was soon secured and bid be patient with safety of his life for his brother William Stuart was wounded by the way and kept Prisoner The like course they take with some Noblemen sent by the Duke of Lenox to enquire of the King Who cried out to them that he was a Captive and desired his good subjects to release him The conspirators excused themselves that their surprize only restrained the King from Arran and from Lenox whose banishment they threatned into France And forcing the King to pacifie the people with a Proclamation That for removing some differences His Majesty interposed himself Mediator and resolved to reside at Perth being his own free and voluntary choice and commanding such as were in Arms upon pretext of his restraint to dissolve within six houres on pain of death The Duke raises Forces but was countermanded by the Kings Letter to depart the Realm within twenty daies yet he retires to Dunbarton where the Noble-men and others flock to defend his Cause These uprores were posted to Queen Elizabeth who sends Sir Henry Cary and Sir Robert Bowes to advise the King to be counselled by the Lords against the Duke and Arran and to restore the Earl of Angus exiled in England since Mortons execution This last was obtained and soon after he was accepted into favour but much ado to incline the King to part with Lenox The Lords carry the King to Edenburgh where the Ministry justifie their act joyfully singing in Procession the 124. Psalm New Israel may say c. And the Assembly then convened ratifie the attempt on the Kings person at Ruthen and published it in all the Churches of the Realm to the regret and grief of all good men to see a bad cause thus coloured over and defended by the Church which made much for their Popedom that by these means of distraction the Lords gave themselves up to be governed by the Others Judgements Many there were that sided herein the most honest refused to subscribe But Arran was detained prisoner till the Duke was gon over Seas to France who fell sick at Sea and had leave to land at Blackness and so to pass by Queen Elizabeths favour though England where his sickness contracted into a Disease of which he died in Paris next year after and confessed the faith of the Church of Scotland which he alwaies maintained though in the Kirks policy he was accounted a Court Papist Two Ambassadors come from France Menvel and la Matt through England with whom was sent Davidson from Qu. Eliz. to undermine their Message being To work the Kings Liberty to confirm him to the French and renew the purpose of Association which was That the Queen of Scots should communicate the Crown with her son and administration of Iustice so that he may be acknowledged a lawful King by all Christian Princes and thereby all domestique factions suppressed This Embassy was voted in the Kirks Assembly to be a special grievance a wicked practice declaming in their Pulpits against la Matt who being a Knight of the Order of St. Esprit wore the badge of the White-Cross upon his Shoulder which they called The badge of Antichrist and him The Ambassadour of the bloody Murtherer meaning the Duke of Guise who sent him thither The King not able to do it otherwaies desired the Magistrates of Edenburgh not to demit them without a Feast at parting which was concluded on the Monday after And all cost prepared in Order thereto When on Sunday the very day before the Kirk proclame in their Pulpits the next day to be kept fast and in malice to the Kings honour therein appointed three Preachers the one succeeding the other to weary the poor peoples attention from Morning till night Thundering Curses Anathema's and Excommunication against all Nobles Magistrates and Others that attended the Ambassadors The good King sees these insolencies but lodges them up in silence till he got power to remedy these wrongs About this time dies Buchanan whose Character is chronicled by the Arch-bishop of Saint Andrews in his History of
their Church For his excellent wit and incomparable learning Born near the Highlands After his first commitment 1539. for his versifying against the Fryers he escaped to France Returning 1560. he professed Philosophy at Saint Andrews and became the Kings Tutor He is concluded by all moderate and faithful Recordes That he penned his Scotish History with eloquence and with such Judgement as that he is justly blamed by most men for joining with all factions of the time and evermore to justifie any base and scandalous proceeding against Queen Mary and falsly and fowly he endeavoured to depress the Royal authority of Princes siding with the Treasonable tenents of rebellious Subjects which afterwards he expressed with bitter unmanerly sauciness of his Soveraign Queen then deceased This is the joint opinion of some with whom we may be convinced to incline This next Summer the King got free from his Attenders for being in Faulkland he desired to visit his Uncle the Earl of March then at Saint Andrews where he took a view of the Castle and being entered the Captain of the Guard Colonel Stuart acquainted with the Design clapt to the Gates and shut out the Company and the next morning came the Kings friends the Earls of Arguile Marshall Montross and Rothess And of his former Jaylers none but the Earl Gowry was admitted by the Collonels means who had been his Servant and upon his humble submission for his Fact at Ruthen was received to mercy and all these Lords elected his Counsellors with Inhibition that none should presume to come to Court with more attendants than fifteen with an Earl or Bishop ten with a Lord or Abbot or Priour and six with a Baron And now declares in publique That however his Majesty did with patience perforce indure his restraint at Ruthen and all those former passages of Treasonable disloyalty yet willing to be an Example of Clemency to others he in favour pardoned all admonishing the Lords to do so too amongst themselves Yet their consciences accusing left not to convene in tumult and therefore for more security to the King they were confined to several Places by Proclamation which they disobeying were denounced Rebells except Angus who submitted and now was Iohn Metallan admitted Counsellor and hereafter became Chancelor of State These affaires took up the summer and at the fall of the leaf comes secretary Walsingham from Queen Elizabeth expostulating the Kings receiving of Arran and casting of his nobles who though thus mutenous as you have heard were yet justified by her to be defenders of his Crown The King told him He was not to be taught to rule in his own affaires being as free as his Princess and that his promise against Arran was made under his restraint but now being at liberty himself he doth him but the like justice Expecting his so much friendship from his Sister the Queen not to countenance his subjects in Rebellion The Ambassadour replyed that his Mistress medlâ—d not but for his good and complains that one Holt an English Iesuite and plotter in Throgmortons treason should be imprisoned by the King and yet permitted to escape by means of the French and not rather sent to the Queen he was answered that Archibald Dowglas guilty of his fathers murther and in England was not rendered to him as was desired Though in truth Holt got loose without leave And so the discourse ended in peace And in November Lodawick eldest sonn to the late Duke of Lenox from France at 14 years of age the King having sent for his Brethren before Investing him with his fathers honnors and lands and the Earl Montross to be his Trustee Some years after came over his sisters Henrieta married to the Earl of Huntley Mary to the Earl of Mar the third avowed her self a Virgin to the Cloister A younger sonne remained in France untill the King came into England where he was advanced to great honors Thus did a gracious King for a distressed family The former Declaration against the mutenous Lords could not deter them from conventions pretending the time too short which was limitted for their submission unto confinement And therefore in an Assembly of the Peers the King renews his offer of pardon to such as would confesse their foule act at Ruthen and submit to conforme themselves accordingly The Earl Rothess protests his subscription to that fact was forced upon him and repents to mercy from whose example the rest followed and the faction to fall asunder They had pardon and leave to depart some into Ireland others to France Amongst whom was Gowry who yet delayed his journey whilst he fell into new practises which brought him to his death No wonder to finde the Ministery much concerned in their Sermons to justifie one or other of these Revolters and the fact of Ruthen necessary and lawful Andrew Melvil affirming to the Council That the Presbytery only had power and authority to judge and censure the Pulpit and not the King nor his Council In primâ instantià to meddle therewith though they should be treasonable Telling the King to his face That he perverted the laws of God and man Upon which he was charged to enter his person in Blackness forthwith but he turn'd back fled to Barwick that night and alwaies after the Ministery complaining That the light of of the Countrey for learning and the only man to resist the enemies of Religion was exiled and compell'd for his life to quit the Kingdome And though the King descended to satisfie the people by Proclamation therein yet it caused a murmuring and encouraged Gowry to expect Mars and Glammins returne out of Ireland to joyne in Armes for Reformation of abuses in Church and State for preservation of the King and Kingdome The wonted old pretence of all Rebells Gowry to colour his intended treason from suspition comes to Dundee and there presseth a ship for his voyage But the King quickly advised sent Collonel Stewart Captain of the Guard to seize him who with others made some resistance but the Town concurring with the Captain he was taken and conveyed to Edenburgh under costody of Arran Within two daies after Angus and Mar surprise the Castle of Sterlin but hearing of the Kings march with formidable forces they fly into England Gowries confession under his hand sets down their practises thus That himself perceaving the Kings favour declining and his estate aimed at by power of his enemies he was forced to seek his own relief by concurring with other Nobles in the like Case by the means of James Erskin who travelled therein and assured me of their Return to Sterlin where we concluded That at home it was expected that all those who subscribed the bond in the first alteration would join with us and besides them the Earls Marshal and Bothwel the Lord Lindsey and others of the West From England we expected supply and that the Queen would intercede for restitution
States who convene and a subsedy granted of twenty thousand punds or pounds levied also to pursue him but the great plague raging at Edenburgh that expedition for the present was put off till next year In this interim Queen Elizabeths favour declines from Arran the occasion being a Tumult arising between the Governours of the middle Marches Sr. Francis Russell son to the Earl of Bedford was killed neer the Borders the deed done by instigation of Arran and Farneyhast the slayer was denied to be rendred to the Queens justice yet not much insisted upon at that time but rather to contract former friendship by Ambassy of Sr. Edward Wotton offensive and defensive with the King in cause of Rebellion for then came on the Roman holy League so stiled with the Pope Spain and Guisits in France and others in Germany to exterpate the reformed Religion in all Christendome though principally aimed against Q. Elizabeth who courts Leagues with other Princes reformed Sr. Thomas Bodly treats therein with the King of Denmark Wotton with Scotland and at a Parliament in Iuly was by Act confirmed for ever supposed sufficient to return Wotton the sooner home But he had private comands countermines for the fugitive Lords restitution lately concluded before in England by the late Ambassadors with whom now he keeps private meetings gaining time by the occasion of certain Ambassadors from Denmark who under pretence of remand to the Isles of Orknay and Shethland upon the Northern coast of Scotland alienated of old from that Crown But in truth they propounded reasons of State For a Mariage with the King and a Sister of Denmark happily effected 4 years after These Ambassadours taking leave the rumour grew high of the banished Lords Conspiracy which causes a Proclamation for a general Convention of all good Subjects to meet the King at the Castle of Crawford in October to repell the Rebels which the English Ambassadours craftily prevent whilest the Lords march apace and come to rendezvous at Linton in Tweeddale and there Covenant by Oath not to separate till they should seize the King and remove Arran and thither comes Maxwell with a thousand Horse and foot that served heretofore against Iohnston all the rest making up but so many more and to be even with the King they proclaim also the old and new Rebels rule Defence of the truth the deliverance of the King from evil Counsellors and add the Amity with England Interlacing each line with Odiums against Arran amongst other charges That he claimed descent from Duke Mordach beheaded by King Iames the first upon that title which Arran now takes up to be Heir to the Crown by the name of Iames seventh And indeed this was now enforced and a scandal which all men â—nderstood for whether he had feigned such a pretence the last year or others for him had formed it he was forced to purge himself then in Parliament by serious Protestation which truly in pride of heart he did rather to deceive the World with that folly Thus far Wootton plotted with the Revolters agents at Court and being almost discovered by Arran he departs hastily without leave towards Berwick and after him posts an Express who overtook him at Anwick expostulating Whether His Mistress directed him this mannerly departure He acknowledged to the Messenger that he could not grant that he came away Insalutato hospite seeing he performed that Office with Heart and Hand and would ever endeavour by all possible means that his suddain departure should rather help to maintain than to dissolve the amity betwixt his Soveraign and the King By the word Hand he referred to a Letter which he left for the King in which he so far complained that the cause lodged upon Arrans discredit who he said governed all By which Arran suspected somewhat amiâ—s and accused the Master Gray for hastening Wotton away The Lords Revolters that had intelligence of all march with speed to Sterlin and were let in by a back-way at Mid-night And whilest Arran was busie with the watch at the other end the Town was taken and rifled Arran and others escaped The King inclosed within the Castle sends out two Counsellors to tell them That humble Petitions better became the duly of Subjects Complaints and private address more fit than to force their Soveraign which violent forms they would find 〈◊〉 that should be extorted by force or fear and he never to want men and means hereafter to undo They not as yet let in were not to learn the art of dissembling excusing their actions by their miserable conditions reduced to this necessity to seek relief rather for the King than themselves His honour and safety highly endangered by evil Counsellors excepting them that were sent and labouring these with arguments to intercede for his Majesties grace and favour and to admit their address to his person The King knew their meaning and intending to say no more than willingly they should hear of For my self said the King I never liked the mans arrogancy meaning Arran but I must secure my Servants about me the quarrels betwixt Crawford and Glammis Angus and Montross and Col. Stuart as ill beloved for serving me No sooner said But they vow Not to arm for private quarrells of their own or any others not minding to mix particulars with the publique Upon which they get in fall down on their knees to the King and the Lord Hamilton being the best in blood was their spokesman who only craved mercy To whom My Lord said the King I never knew you till now and I am sorry to see your face in this fault you have been faithfull to my Mother in my Minority and I fear may suffer more than these As for you angerly browing upon Bothwell Francis what ailed thee that never could be injured But To you all that mean me no mischief I am pleased to hold out my hand and my heart carying your selves from henceforth as dutiful Subjects It was no time to do other and the next day in Council to confirm by Act their Pardon and their Assistants and so proclaimed Crawford and Montross delivered up to Hamilton and Col. Stuart permitted to depart Arran was gone before fled to Coil deprived of all honors lived from thenceforth privately And now new Lords and Laws share old offices The Guard was given to Glammis the Castle Dunbritton to Hamilton Sterlin restored to the Earl Mar and the Castle of Edenburgh delivered to Sir Iames Hume This relation the most certain though I know it is otherwise reported And no wonder to find designs in policy how to cleer these Lords of former accusations and confessions the very Examinants and Deponents must now voluntarily offer new Oaths to purge them from all Treasonable Attempts Amongst whom Duntraith now confessed to be suborned to accuse Mains out of fear to save himself Besides these powers that overmastered the Kings party the want of supply
and himself brought in the Lords at Sterlin and put his brother Captain Iames Stewart from Court which now he repented and would this way assist him to revenge Stewart not confident in the man discovers all to the King and Thirlston complains to the Councel which Gray denies and Sir William justifies and more accuses him of abuse in his late Ambassie into England and treacherously consenting to the death of the Kings Mother But these accusations referring to truth and a leasurely Tryal they were both committed Which came again to examination and further accusation of Gray for letters to the French King and Duke of Guise not to assist Scotland in revenge of Queen Maries death unless the King would tollerate Catholiks which Gray could not deny but begged mercy ingenuously confessing that he finding Queen Elizabeths resolution advised to put her to death rather in private than in forms of Justice and acknowledged those words mortui non mordent to be his and so meant and not as they were detorted And so craving the Kings gracious favour was condemned and banished A rule of the Kings clemency never to ruine whom he had affected The King now twenty one yeers compleat and more calls a Parliament in Iuly at Edenburgh and for preparation summons the Noblemens whom he reconciled from all controversie and feasts them all at Court And being the better whittled they went hand in hand by couples to the Market-cross A rare sight to the people if it would last He hoped to do as much with the Churchmen Ministers and Prelates But soft they are not in charity with the King himself for the committing of their brethren Gibson and Cooper which was an offence to the Godly and for the admitting Montgomery by the Kings desire who was excommunicate It must not be but by sparing some of his punishments in case the King release Cooper so nothing done for either And being now up in spiritual Arms they petition the Parliament That the Prelates might be removed from sitting among the Estates as having no authority from the Church no function nor charge at all But the Abbot of Kinlass made answer That the Ministers had disorderly shut them out of their Churches and now would turn them out of their places in Parliament And indeed do what the King could to the contrary there passed an Act for annexing the Temporality of Benefices to the Crown upon pretext of bettring the patrimony and to leav the honor of Estate without Taxe on the people but to the utter decay of the spiritual Priors and Abotts being turned temporal Lords which the King afterwards finding inconvenient advises his son in his Basilicon Doron to anull That vile and pernicious Act as he calls it The Borderers were up taking advantage of any quarrel now make incursions upon England with fire and sword beginning the revenge for their Queen Mother as they termed it Hereupon Hunsdon Governor of Barwick gets audience of the King all others before being refused urging the most of Walsinghams reasons before mentioned as a hazard to his succession to raise war with England and satisfies the King with a Declaration of the Judges and the sentence of Davison in Star-Chamber as if all had been done without Queen Elizabeths knowledge and so the Borderers were commanded to be qniet An Ambassadour Patrick Vaus of Barnborough from Denmark accompanied Peter Yong the Kings Almoner who had been sent to Treat of the Marriage in May last return now in August with the conclusion and that in the spring a Nobleman should be directed to accomplish the Ceremony in Denmark and bring home the Bride But the death of King Frederick her father in Aprill delayed the business for certain moneths after To end this yeer comes over divers Jesuits and Priests to deal with the Catholicke Lords in Scotland to assist the next yeers invasion of England in hope to find friendship if they should be forced on their Coast and outwardly made it their business of revenge for his Mothers death promising to conquer the Crown for his sake that was sure otherwise to wear it but the King hastely returns them home again and proclaims against them and their Abetters And the Church-men taking fire though all fear was quenched they Assemble Lords and Laicks and in a confused multitude beset the Kings resolutions to do of himself what they so earnestly desired And therefore in great choler sends them word That they meant to boast him with their power and force the execution of their demands and admitting some of the number they confer with the Kings Councel and so a good course was concluded against the Catholicks and the Ministers bidden to depart Nay now they are up allay them who can for ere they disband the grievances of the Church must be rectified Iames Gibson heretofore censured for his misdemeanour against the King and had liberty upon promise of his Recantation and Submission in the Pulpit but the man had a new Light and told the People that out of infirmity he had confessed a Fault but his conscience now was otherwise revealed that his actions heretofore were innocent The Chancellour hath the opinion of the Assembly whether To call the King Persecutor of the Church and threaten him to be the last of his Race were well done and this to the People out of the Pulpit Much ado in dispute to finde error in so godly a man the major Votes made it offensive and in the afternoon he was to appear for defining the Censure but in the mean time Gibson gets away and was excused being in fear of the King so great an Adversary and this endured a long debate in behalf of him ere the Kings Advocates could plead a distinction between his Majesty and their Ministery and all that could be gotten for the King was the man to be suspended during the pleasure of the Assembly which lasted but the next meeting in August where Gibson gives his Reasons of not appearing before for fear that the affairs of the Church might be hindered by disturbance if his person had then suffered in presence of the People Upon this deep Declaration without asking leave of the King he is purged of his contumacy which so incensed the King who taking upon him to be some-body the Fellow was forced to fly to the factious Brethren in England who were labouring to bring in the holy Discipline into that Church also For the infection of Schisms had spread abroad in England greater Injuries and more impudent Contempts than had been known before upon the Temporal and Ecclesiastical Magistrates by the Puritans as one calls them of those days and Queen Elizabeth Semper eadem not enduring Innovation as impugning directly or obliquely the Royal Prerogative The Zealots for the Geneve Discipline railing at the English Hierarchy with scurrilous non-sense Libells by names of Martin-Mar-Prelate The
continuas sese certissimum hoc periculum adiisse in vitâ Quinti pag. 180. But Marian a Spanish Jesuit says Clement had often premeditated with himself and imparted it to â—ome Divines who concluded it lawfull for any man to kill a King that is a Tyrant Mar. Lib. de rege et Regis Institutione cap. 6. pag. 53. though the Council of Constance possitively forbids it The Leaguers banish Navar from the Crown and Kingdom and differ about election of a King for though divers were in dispute they with some Justice in Rebellion elect Cardinal Bourbon a degree neerer to the Crown than Navar and released him out of Priâ—on to the Throne And the Duke de Maine a pretender is pleased to be Lieutenant General of France who instantly intends to surprize Navar proclaimed likewise King of France at Diep or drive him out of all Navar implores Q. Elizabeth profers league with her offensive and defensive â—he in reverence to Religion and pitty of his distreâ—s sends him twenty thousand pounds in Gold by which he kept his Stipendâ—aries Germans and Swisse from revolt some ammunition and four thousand men conducted by the Lord Willoughby with four Collonels Wilford Burroughs Drury and Baskervile The â—ame of the Queen interessed and these mens valour discomfited the Enemy the day before their landing who fled with bag and baggage to Paris and are pursued by the English and French who take divers pieces in Normandy and return home The King of Spain this while lay gaping after these distempers fomented by Mendoza his Ambassadour and Cardinall Cajetan the Popes Nâ—ncio not without their insolent proposition to nominate Spain Protector of the French Catholiques with such Prerogatives to boot as he enjoyes over Naples and Sicily of bestowing all Offices Ecclestiastical and Civil By which the French themselves foresaw his ambition to promote their Religion with loss of their Reason Thus stood the State of France distracted Navar unsettled war increasing which hindred the Queens design to promote a Match between the King of Scotland and Katherine Navars Sister as defensive interests in Religion to counter with the Catholiques and therefore she had advised the King to mary himself to his â—â—king for Katherines years was with the most and her means with the least which she understood was settled a year since on Ann the Daughter of Frederick the second King of Denmark But Navar she protects with great sums of money she had lenâ— him not three years â—ince a hundred and one thousand five hundred and sixty French Crowns wherewith he levyed his German Souldiers And the last year seventy and one thousand one hundred sixty five more It cost her twenty thousand Willoughbyes expedition And now this year she lends him thirty three thousand 〈◊〉 hundred thirty three more to muster an Army in Germany and as much more she spent for sudden service Thus much for France Every two moneths she paid to the Garrisons of Flushing and Brill one hundred and five and twenty thousand â—â—orins And two hundred and threescore thousand more to 3000 horse and foot in service with the Low Countreâ—â— Besides other Sums of mass expence at home and her own expeditions by Sea and in Ireland by Land Whether these moneys are mistaken by Historians figures the addition of a Cipher multiplying the same otherwise they are incredible but indeed this was the way to dy poor for she was much in debt But she was not nice in Husbanding her expence to good purpose or in providing for the main by extraordinary waies for she was sometime put to shifts then as well as her Successor since and by the Customer Carmardines intimation of the value of Commodities she raised her Farmer Sir Thomas Smith from the rent of her Customs of fourteen thousand pounds sterling annually to two and forty thousand and after to fifty thousand This gain was not put up to his own purse no doubt for the Lord Treasurer and Leicester and Walsingham opposed Carmardine whether of intercepting their Bribes therin or disparagement of their judgment and care not to finde it out themselves By her bounty to France she kept off the Spaniard from hence her own judgment that the end of France its ruine would be the Evening to England contrary to others opinion that now the cantoning of France by the Spaniard Leaguers and particular Pretenders she might put in for her share Picardy Normandy or Brittain but she kept them off from others For the Duke of Parma for his Catholick Majesty had run through Picardy called in by the Leaguers to relief of the Rebellion at Paris and Io de Aquila of Spain invited into Brittain to settle of pretension of the Duke Mercoeur to that Dutchy Queen Elizabeth looks upon this dangerous Neighbourhood and speedily she resolves of three thousand men into Picardy and Brittain and it was time to prevent the growing power of Spain admitted now into Paris who vouchsaâ—ed their lawfull Sovereign no other Title but King of Bern but the Spaniard as their Lord and King the Pope also lent some Switz to the aid of the Leaguers against whom the Queen proclames it Treason to assist them by any Traffick This Assembly of the Church now in Iune petitioned the King 1. For establishing the Churches Iurisdiction and abolishing all Acts to the contrary 2. For purging the Realm of Iesuits and Papistry 3. For providing Maintenance of Ministers out of the Tyths and the Remain to the Support of Schools and the Poor and Repair of Churches For the first the entrance into the Acts of Parliament always provide for the Church For the second he had already done it in part and would willingly perfect that Work And the last was committed to Commissioners of their own and others But to conclude the King advised them their duty as Peace-makers on earth by Preaching and Practice to remove the barbarous differences which the feuds of the Nation dayly foment and which by their former encouragements for private ends had been taken up so customarily as became national that their godly care for reconciling such variances might amend that Crime grown to that height as was abominable to all strangers I shall do my part said he and if you apply your pains my work will be the more easie and the success effectual And truly thence-forward such a course was taken that in future all those damnable feuds were quite abolished by this King Though for the present it prevailed not between the Earls Huntley and Murray in the North Iohn Gordon married to Widow Grant one of his Servants in private quarrel was killed by another of hers whom Gordon pursues and for not appearing is pronounced Rebell and Commission to Huntley to apprehend him in a house of the Grants he takes it by force but findes not the Fellow This was ill taken by that Family who fly to the protection of the Earl Murray with
whom adjoyn the Clanchattons and Dunbars Huntley advertised that Murray and Athol were to confederate with those Glamis in Forres intends to dissolve that knot ere it were hard bound but before he came they fever themselves and Murray returns to Huntley's way lay by the House and some of his men braving thereabout they within discharge some Shot which killed Gordon and for which Huntley invades the other with Forces and Murray assisted by Arroll his Cosin prepare to defend These tidings came to the King whose command separates each one to his own home which served the turn for a time but brake out in disorder after Another of the same nature an antient emulation of the Kers the one of Cesfords Family the other of Farnherst for the Wardenry of the Middle Marches and the Provostry of Iedbury which the Heir of Farnherst William Ker a young Spark maintains to the death and in a Trial of Theft before the Council for English Goods stollen it was taken as done in spleen and derogate to the honour of Sir Robert Ker of Cesford the Fellow being his follower The lady Cesford of an haughty heart never ceased peuling until her Son had basely murthered the other These were men of good repute wise and of great courage and of much loss to the Borders the one dead the other undone who fled for his life until he made a large satisfaction for maintenance of the fatherless children and by Marriage with the Chancellours Niece came again to his Family and into favour We have hinted heretofore of the Northern Nations much inclining to Witchcraft and in Scotland those of great Families this Winter produced many Examinations Agnes Simson the wife of Kieth a Matron of a grave and settled behaviour she declared that her Familiar appeared in a visible form and resolved her doubts concerning the Life or Death of any she used to call him Holla Master Ho la in Spanish Who is there as he directed her and confessed that Bothwell bid her inquire of the Kings Reign Life and Death whom the Devil undertook to destroy but failing confessed to her not to be in his power speaking words in French which she understood not but could repeat them Il est homme de Dieu Another one Richard Graham confessed the like against Bothwell which was the cause of his Commitment out of which he escapes by corrupting his Keeper and so far guilty hath his Doom of Forfeiture and is denounced Traitor the Proclamation speaks That he being tender in bloud to the King and further advanced in Honors and Offices above his Birth having heretofore in an unnatural humor committed Slaughters raised Arms against his Majesty and practised with strangers against the Religion and whereof his Conviction in May 1589. was superseded in hope of amendment but since heaping Treasons he concluded with the consult of Witches against the Kings Life as by confession of sundry persons appears and for all being committed he hath broken Prison and thereby taken these Crimes upon him which concludes him a Traitor But he enters band with the Lord Hume and others and being forsaken flies into England his secret Harbours till next year The Archbishop of St. Andrews lies Bed-rid and fallen into some wants by mis-government the Presbyters like Crows about Carrion the common way of the Romish Catholicks to procure Proselytes labour him to leave some Lines under hand his opinion of matters of Discipline they form his words That he did not trouble himself then with thoughts of that nature and had never allowed of any other Bishop of the Church but St. Paul ' s Bishop to which he would sign And so Articles were drawn framed to their Design which he subscribed but whether in truth he did so or some for him or that their charity seldom upon better terms wrought upon his necessity or weakness of his spirits the Recantation came forth in publick of which injury he complained and committing his cause to Gods justice died the end of this year and accounted a man of some scale in Learning as they seldom want to account of themselves one commending another if he dies a Proselyte to them But presently that Church falls into Schism several Assemblies to compose Dissentions set up several Superintendents in one Presbytery or Popedom the Lay Parishioners siding with each Faction and coming to the question most Voyces pretended best interest but the other had gotten a new Paradox Quod suffragia essent ponder anda non numeranda and yet to end strife they part stakes and divide the Presbytery the one to sit at Cowper the other at St. Andrews I mention this for a Note That of all men none could worse endure parity and loved more to command than these which introduced it into the Church We have had to do with Secretary Walsingham of England and may not forget to take our leave of him also that lived not out this year He was industrious wise and religious a searcher in the secrets and mysteries of all States he had an art in past imitation to dive into mens dispositions and something for polite service screw simple Proselytes beyond common danger his Preferment no higher than Secretary and Chancellour of the Duchy of Lancaster and with Honour of the Garter his profuse expence for Intelligence abroad and at home kept him under compass during life and dying so poor that they buried him by dark in Paul's Quier Another of the same Sir Thomas Randolph so near in time that Death might do it with one Dart He was bred a Civilian and taken from Pembroke College in Oxford to Court from thence his Imployments were forein Embassies thrice to the Peers in Scotland and thrice to the Queen seven times to King James and thrice to Basilides Emperour of Russia once to Charls the Ninth of France and again to Henry the Third he was advanced to the Office of Chamberlain in the Exchequer and to be Master of the Ports the first formerly of great profit the later not so till these last times of ours which we make of immense gain but he was rich of children and therefore in my Lord Bacons opinion poor in Purse he had leave to retire some time before his Death to which his advice to Walsingham to leave the Tricks of a Secretary as himself would the deceis of an Ambassadour Sir Henry Wootton afterwards observed as much who could example with the most Hoc tandem didici says he animas sapientiores â—ieri quiescendo To accompany these of the Gown died that gallant man at Arms George Talbot created Earls by Henry the Sixth and he the sixth Earl of Shrewsbury who in Queen Maries Reign with three thousand Foot in the Scotish Wars rescued the Earl of Northumberland at Lowick he was of the appointed Guard of that Queen whilest here in Prison and succeeded the Duke of Norfolk and Marshal of England and in much honour
also That Angus and Arroll assured him that the King of Spain would send thirty thousand men into Scotland part of this Army to force Toleration of their Romistry here and the other part to be convayed by them into England for the same design and this Army to land in Kirkud-bright in Galloway or in the mouth of Cluydo River These manifest plots of Papists drew the consideration necessary for the whole Nation and meetings of the Ministery and all men to propose their advice and aid to pursue the Rebells already risen and to raise a Guard of three hundred Horse constant with the King and the Conspirators to be called to Justice and the first example fell upon Graham of Fintre and executed in February And in this hurry Angus escapes out of Prison and flies to the North unto Huntley and Arroll But the King in great perplexity of Murthers rapine and slaughters publick and private upon their submission are received to mercy favour and preferment all means used to bring peace to these miserable people The French King in great distress and overwhelmed in his affairs craves more aid out of England and is assisted again with four thousand men more and ordinance But not to make peace with the Leaguers until the Spanish forces were driven out of France So necessary it was for England by these means to stop their career and to keep off revenge from home These Forces intrusted with General Norris land in Bretaign but find no French and so being hurried up and down Normandy Lamain and elsewhere the Spaniard increase number in Bretaign Norris returns home and the French King in distress upon some fear of his fewds and hopes of advantage turns Papist Whilest the Duke of Parma also prepared fresh forces to assault Picardy but being in readiness he fights a private combate with Death and is overcome after fourteen years Government in Flanders a man of excellent honour and virtue as Queen Elizabeth always acknowledged who to amaze and busie the Spaniard and to divert him from hence sends several Expeditions by Sea into his Territories of America with singular succession And to prevent his practices in Scotland of as great concernments to both Nations she keeps watchfull correspondence with King Iames who indeed wary of the Papists encroachments at home began to exercise his Regal power over his Nobility and other seditious Subjects having scattered the last Rebells into their Holds and Bothwel into England These Insurrections thus far happily suppressed contrary to the imagination of the English policies Queen Elizabeth to colour suspition sends the Lord Burrough to congratulate the discoveries and the succeâ—s offering her aid to bring the Malignants to Trial and wished him if he could not apprehend their persons to confiscate their Estates and seeing his case concerned all Princes of the Religion she desired his resolution therein for her to satisfie all others her Confederates against Spain The King gives her thanks and that he was assured Bowes her Ambassadour had certified her of all proceedings in particular as aforesaid wherein he had begun and was fully resolved to prosecute the guilty but advised with her how dangerous it might be for him to have such potent Rebells without her help to hunt such fugitives their Design being more dangerous to assist the Spaniards attempts upon England than either upon France or Holland to whom she had liberally already afforded supply with men and moneys and therefore what he desired on his particular his own Ambassadour should declare The next Audience furnished the Ambassadour with Arguments from his Mistris to advise the King to wise and well-affected Counsellours help to disarm and suppress such Rebells and withall intimating the Queens punishment upon those that harboured Bothwel in England and so by circumstances to draw out of the King what resolution he intended towards him in so troublesom time and if it were for his Majesties quiet to receive him upon submission The King seeming not to countenance Bothwel nor believing the Queens resentment of his Receivers said That if his Mistris meant honourably to her self or him she would rather deliver him to justice according to their League than to support him in her Dominion whose Crimes were unpardonable and her further favours to him would induce a necessity for the King to joyn with her Enemies for his own safety And so Burroughs returned and Bowes remained In an Assembly of the Church in April the King resolving to give them Items sends them Articles That hâ— would not suffer diminution of the Privileges of his Crown nor Assemblies without his order That an Act pass to inhidit Ministers to declame in the Pulpit against the King and his Council That some of every Presbytery should inform his Majesty of the Papists practices and Bothwels receivers That some of theirs should cause the Magistrates of Burghs at Sea-ports to examine Passengers and Plotters against the Reâ—ligion To the first they would follow former Acts. The scond they prohibit without just and necessary causes which the King esteeming no restraint was as causless to answer theirs against Papists his necessities enforcing civilities to the Papists to ballance with the rigid Reformers But the Mundays Market stuck in their stomacks against which their Act passed to alter for Tuesday their Reason was religious to prevent the Trades-men violating the Sabbaths Evening with too much care and travail against the next Morning The Shoomakers whom it most concern'd gathering tumult menaced the Ministers if they urged their consents to drive them out of Edenburgh which begat that saying Rascals and Sowters obtain from the Ministers what the King could not do in matters more reasonable The King sends Melvil to satisfie Queen Elizabeth of the affairs of Scotland and to desire aid of money for levying six hundred Souldiers for some Moneths and to renew the former complaint against Bothwels entertainment in England whilest he steals into Scotland and surprizes the King The Chancellour as you have heard retired from Court upon displeasure of Queen Ann requests the King by Letter that seeing his service was useless and his solitary life irksom he craves leave to depart out of the Kingdom untill his Majesties pleasure command his return The King being earnest with the Queen upon his resign of Muskleburgh which she clamed and his coming to Court resolved Lenox Athol and Ochiltry plot to prevent him and bring in Bothwel under disguise of attending the the Lady Athol by the Postern-gate with another his Companion armed into the very Bed-chamber The King at â—ight of them cried out Treason Treason Strike Traitor strike said he make an end of thy Villany I desire to die He answered with Oaths that he came for mercy And the King replied that Mercy extorted was Insolency and not the form of Suppliants and suddenly rushed in the Earl Mar with numbers of that Faction having possession of the Court
insurrections for this hurried nation often to assemble so in truth little effects followed as at this time for the Ministers to colour their intentions would seem to enact against Self-Interest and begin with themselves and fast pray and preach daies of Humiliation that was all that they would do as to their reforming But then there was sure to followcomplaint of the corruption of Courtiers in the Kings Palace and justice Seats and fear of the banished Lords and left not till the faults were found such as are common even to the best Estates Then would they ravel into Counsel of the Remedies to which the King usually would afford consent but by experience finding out their aim and danger of them to be too severe and earnest which they called zeal the King wisely chekt the bit Telling them That unless there were any evident proofs that the Popish Lords since their departure beyond Seas had conspired with Strangers to the prejudice of the Realm in Religion or State their cautions cannot in honor or justice be convict nor would he change the course of charity and conditions to their wives and children And indeed in prudence the King held himself unsafe whilst such potent Lords were abroad for much mischief they might do underhand unheard and unseen And reasoning one day with Mr. Robert Bruce a leading Minister How much it concerned him to have them recalled That Queen Elizabeth grown old if deâ—th should seize her he might need assistance of his own Interest of State and honour would ballance these Lords even against Catholique or Spanish Titles or other Designs and by such interest may be sooner drawn to the reformed Religion than by compulsory extremity Mr. Bruce yielded to the Reasons to call home Angus and Arroll but not Huntley being so much hated The Kings opinion seemed further to oversway Because Huntley saies he hath maried my Cosin one that I esteem a man of Power to do good or evil and so to be made accordingly In the end Bruce was so bold as to tell the King in plain terms I see Sir said he your affection to Huntley whom I must oppose and you either loose him or me for both you cannot keep This insolency lost him the King This for one example of many which their own Historians record of their Ministers good behaviours and certainly this mans ambition and popularity out-vied the Kings who espying his Trayn that conducted him by the Court into Edenburgh By my Sal said the King Bruce puts me down in his Attendants The exiled Lords of themselves resolved to return but withall possible submission and to avoid the least suspition of jealousie they separate Arroll through Holland Huntley came before and out of the North sends Supplication to the King and Convention at Faulkland in August to reside where his Majesty would appoint upon caution of good behaviour The King concluded aright Either to ruin them and their race or to receive them all into favour and hope of reforming into Religion The first course saith he hath its own difficulties and trouble for me if I could effect it The other is more consonant to my humour and mine honor I desire not destruction errors of conscience are not of matters of the mind I like not to receive conditions from Huntley rather to advise of commands to them all with clemency and favour which was submitted unto And the publick joy of the Queens second Birth of a Daughter made up the common reception of these Lords to community and fellowship with the Congregations She was born in August the 16. day 1596. and to be baptized in November But now the Ministry make work their Commissioners assembling at Edenburgh send Post to all their Presbyteries the State of affairs for so is the Commission That the forfeited Earls were come home without Warrant are like to be received to mercy without submission for their offences of Treason or reconcilement to the Church and conditions confirmed unto them The Preachers Pulpit these tidings to their flocks publick and private to provoke into Tumult and to be in readiness to resist the dangers of Church and State The first Sunday of December held forth for Humiliation and then the power in the Minister to tell all to the people and to inlarge as the zeal of the Spirit shall promp them They assume power to call to account all manner of men Entertainers Receivers or communicate with them to be canvased with the censures of the Church Una citatione quia periclitatur salus Ecclesiae Reipublica And with such busteling with several Commissioners from all parts of the Nation to make Residence at Edenburgh and daily to convene to receive intelligence from all parts and return Edicts and Ordinances to prevent if possible the eminent ruin to Gods People And this daily Convention being a New Modell so must it be stiled The Council of the Church And instantly they find oâ— make work the Lord Seaâ—on President of the Session was 〈◊〉 to account by the Synod of Lothian Not that he was guilty but that their power and pride might strike terror in the people for as they had no proof at all and so as by President of the Popes inquisition his Oath purges himself assures him to their Conclave and so gets home again This monstrous manner of muteny makes the Men of State to foresee mischief and not being powerful to remedie nor was it politick to publish their errors to the people or scorn upon the face of the Church The President Secretary Advocate and Laird of Colluthrie were commanded by the King to confer with as many of theirs To whom they move the question whether if these Lords satisfie the Church otherwise his Majesty desires not that then they might be pardoned and restored to their Estates But receive a Court Answer They came only to hear Prepositions and to remit them to their Brethren And so they did with Apostolick Conclusion Their acceptance of the Kings behaviour and respect to the Church not to resolve of any favour to them Rebells till the Church were satisfied But their censure by Gods Law condemned them to death and being also sentenced to lose their estates they cannot be legally pardoned nor restored or if the King or his Council should take upon them to do otherwise they were to answer it to God and the Country themselves make protestation to be free before God and man I shall not comment upon this Text. The Popish Sanadrin does so An Historian of theirs calls it Passionate zeal under which all impudence may be maintained should they be ignorant of the tender bosome of the Mother Church parent to Babes and to repentant sinners Mark their distinction The Church hath power to do as she pleaseth but the King must not he must do justice The King is wroth against them all common resentment private and publick And wise men advise the
incompatible and inseparable Iustice and Mercy may Kiss each Other we may Fear and yet Love the Lord. Virtues consist in Concatenation He who stiled Hanibals Crueltie a Virtue by the same Argument concluded Clemencie a Vice He had Examples of former Presidents The King of France forgat the Quarrel of the Duke of Orleans He did so And more did King Iames which over-ruled Him to that pious and prudent Consideration that resolved into the most hapy Event The aym and End to make His design also Practical and His Precepts an admirable Patâ—ern And indeed the Paths which He alwaies walked in were the less obvious to Common footsteps as they were confirmed to choicer Limits Being almost an example to Himself and Inimitable of all for in His way few went before Him And thus resolved whilst Queen Elizabeths age and weakness increased He wanted not Parasites of Her own Court that constantly offered their Intelligence of all Her Actions and weak condition which gave him timely occasion to consider the settlement of his affairs at home in reference to his Inheritance of England His first was for Religion and to judg with what affection the Kirk of Scotland had faction with Calvins documents very averse from Papistrie but subject to the Infection of Neighbour schisms And how to ballance them was his work to wade through It was no boot heretofore to strive against this stream at home and therefore he suffered the violence to run into the usual Chanel for that time Wisely weighing the perverse peevishness of the Ministery And with what constitutions they had linckt themselves with the publick affections of the People and withall got a mixt power in the affairs of State And it was not for him to break through that Custom which yet he foresaw must afterwards quarrel with the Customes of his successive Inheritance where Episcopacie had fixed such firm footing But laying the foundation of his adventure on His own Penn in his Instructions to his son Prince Henry stated to him the estate of that Kirk And indeed their Reformation from Popery as it was extraordinary by God so was it done Inordinately by popular Tumult and Rebellion of such as did the work clog'd with passion and particular respects as in other Neighbouring Nations fiery Spirits of the Ministry got such a guiding of the people in their times of confusion partly in the Governments of his Grand-mother and his Mother as hath been related and afterwards usurping larger liberty under four Regents in His Long Minority and by these occasions setled themselves in hope to lead the people by the Nose and so in all factions then and for many years before and sythence to spouse any quarrel as their own evermore esteeming Him the highest evil not by any Vice but only to be a King And because some of the Ministery the more grave and learned were asham'd to side with them therefore the other sort preached themselves a Parity in the Church the Mother of Confusion and enemy to unity By which means great disorder was likely to follow which the King sought by several waies to prevent or countermine their subtlety with His wisdom The professed Puritan being a Sect whom no deserts could oblige nor their own Oaths or promises bind and whose consciences had not more of credit than their own conceits And therefore the Kings preservative against such was to advance learning in their Ministers In whom truly â—il His time who was able to try Men it was very defective taking a pride in their pretended zeal to shadow their great ignorance in divine knowledg making their shop dark thereby to vent false wares to the people And so to keep ballance in their different conditions with those of the Episcopacie And to avoid extreams to repress the Vanity of the Precisian so not to suffer the excess of a Bishop and to chain them both with such bonds and ligaments as did preserve that Estate from creeping into very great Corruption Even in the period of time when their Doctrines had amplified into Heads of very dangerous Consequence Errors grow fastest in hot brains but their Obstinacie therein is that dead flesh which makes the green wound of an Error fester by degrees into the old sore of an Heresie And for his Nobility as they were antient so and oft-times in former feuds had suckt in with their nursing a very proud conceit of their greatness and power such as it was among their parties of Kindred or otherwise allied or won by kindness to their Tenants which evermore had a mixture of some cuning not less to be considered than in other Peers of neighbouring Nations I mean the English and French with whom that Nation had great interest To keep those I say his own Peers in Peace out of the sad experience of former Times intestine Divisions not occasioned as in some other Dominions from their several changes and quarrels to Sovereignty or Title to a Crown but always from private faction of their own to which either party pretended the Sovereigns safety to settle and secure their own pretensions by possessing of the Regents for so heretofore they hurried his Parents his Protectors and Him from Post to Pillar And therefore he preferred such as had been faithfull to his Predecessours and to the safety of him in his minority a Rule of direction herein he markt out to his Son keeping such notwithstanding under his elbow with places of Judicature or Offices of honor so to divert them and their interest abroad And having for some years thus settled his Kingdom he began more particular to look upon himself and to consider his near relation to the Crown of England which he long lookt for and warily expected well knowing through his undoubted right the jealousie of Princes upon their Successours they too hastily coveting that which long delay might breed to impatience and it fell upon Him with as much fear as upon any Heir that our Histories can parallel in all the Factions and Interests of neighbour Princes wisely how to guide himself as an accountant to the Kingdom of England For Q. Elizabeth after her settlement here held it a Maxime of policy not to publish her own Pedegree which must draw down the Scots Line to the absolute necessity of succeeding and yet to ballance the French and to keep up her power over the Scots she took upon her to meddle in all their affairs and so to tamper with their Factions as not to suffer the Scots Queens and others Regents there to get to great power which the French endeavoured mightily to promote and therefore Maries head was the sooner strook off to remove the dangers and make Queen Elizabeth of more absolute authority in that Nation which she was not over-nice to take upon her But to amuze them and the world besides she was ever busie with Suters to make all men believe she meant to marry which had the King
to turn Martial his Apostrophe upon me Tu male jam recitas incipit esse tuus And first he discovers his real constitution and thankfulness in three Forms and Reasons of his Convention of them In the first he renders to them the Representatives of his People his Princely thanks for their affection in receiving him in his Right to the Crown The other two he describes by the effect of his Actions and shews them the blessing of his Person in their outward Peace with his Neighbours with whom he found this State imbroiled Secondly Peace within issuing not onely by his lineal descent from Henry 7. in the union of the two Houses of Lancaster and York but also the union of these two Kingdoms illustrated in the conformities of Religion Language and Manners in their security of salvation encompassed with a Wall of Water and therefore Quae Deus conjunxit nemo separet And he being the Husband Head and Shepherd advises them to a joyfull Union by comparison of this blessing in the Union of the petty Principalities heretofore of this Nation into one Kingdom as also the composure of divers Duchies in the entire Monarchy of France those being happy though conjoyned by the Spear of Bellona but we the greater blessing being bound up by the Wedding-Ring of Astrea having an appearance of perpetuity in the blessing of hâ—s hopefull Issue and his profession of true Religion which he distinguishes from the Catholick Papist and also from another Sect rather than a Religion which he calls a Puritan Novellist differing from Truth in a confused Form of policy and parity insufferable He acknowledgeth the Roman-Church to be our Mother-Church defiled with some Infirmities as the Iews Church before Christ Crucified But as not wishing a sick man dead but his body to be purged Excusable in the Laicks either as well minded subjects inured thereto by birth and custom of Age or young by evil Education and therefore not to punish their Bodies for the Errors of their Mindes As for their Clericks their doctrine and practice insufferable The Arrogancie of the Popes Supremacie in the One and Murthering Kings in the other Otherwise he doth reverence Antiquity in the points of Ecclesiasticall Policie and so cleers himself from Heresie in Faith or Schism in Government But with this Caution to all as he is a friend to their Persons so an Enemy to their Errors Advising the Bishops by their Exemplary Life to convince the others doctrine The third Reason of calling this Parliament in the action of his thankfullness is first in making Some Laws by preserving the weal of the Kingdom and in discretion of not making too many because In corruptissima Republica plurimae Leges Secondly in execution of them by the Iudges and Magistrates whom he advises not to utter their affections in that Office of Hate to a Foe or Love to a Friend fear to offend the Great or pitty to the misery of the meaner but to be blind in distinction of Persons Handless for bribes and therefore describes them three principall qualities Knowledge to discern Courage and Sincerity to execute And thus having told them the three causes tending only to his thankfullness but in divers forms The first by Word the Other by Actions he concludes himself to be Inutilis servus His felicity consistâ—ng in their prosperity and gives them his Apologie for three things expected from him by so many advancement of Honor preferment of credit and reward in Land In all he hath been reasonable and honorable for refreshing some persons that were Members of a Multitude and if his infirmity hath exceeded He blames the Importunity of Suters which experience time and labour shall recover to teach his Subjects not to crave nor he to grant The Parliament unused to Princely Eloquence and Learning withall contracted their dutyfull affections to his Eminent virtues and willingly understood the Kings ayme to unite also the two Kingdomes which was soon put forward by proclamation of his Title of Great Britain our coins all Ensignes of honor quartering this Conjunction of crosses Red cross for England and Saint Andrews white for Scotland And the Parliament by act Commissionate eight Lords and twenty Commons to treat with other Commissioners Scotchmen for the honour and profit of both Nations The King thus far setled with his Parliament and people not without wonder of all our Neighbour Nations having lain at watch for conveniencie and honor to piece with so potent a Prince the advantages alike to either They came almost together The Constable of Castile from Spain and another from the Arch-Duke Rory Duke of Solia from France to treat of Peace Barnevelt from the Netherlands Solia was a gallant Man an excellent Courtier as they are all His business needed no other policy of State but to congratulate the Kings peacable and happy Possession for they had a Leiger in Scotland that came in with the King But the other two were Enemies and were to treat for establishing a firm Peace which was granted and do doubt they might make up of their Masters bounty to be so soon dispatcht for France mightily opposed and with little cunning of our Counsel the Spaniards dealt their golden Pistols to hit the mark And as they lay equally ready so their desires for Convoy hither came together and had order accordingly Sir Robert Mansell Vice-Admiral for the Narrow-Seas attended at Graveling for the Spaniard And his Vice-Admiral of the Fleet Sir Ierom Turner at Calais for the French who coming first disputed the choice and desired the Admirals ship but being told that he was commanded by Commission for the Other Monsieur in much disdain put himself in the French Passage-boat and in a brave bore his flag on the Top. Mansel commands Turner to shoot a warning and after to hit who took in his flag but complained at Court where his faction was powerfull yet the Justice and honor of that old Custom and Authority maintains his Act against them all being in himself besides a gallant brave Commander The Puritan was much troubled to be ranked with the Papist in the Kings Parliament Speech and to be termed so and somewhat they said too saucy and therfore were to expect more cause to chaw the cud for the King proclames all Conformity to the form of Gods Service established in Doctrine and Discipline to Gods Word and the Primitive Church that the Conference of late at Hampton Court concluded no cause of alteration notwithstanding the fiery pretended Zelots renewed the Question in Parliament and had been satisfied by the Kings Speeches and otherwise that particular and personal abuses are remediable other ways than by general alteration That all shall conform and have warning till the last of November next oâ— otherwise to dispose of themselves or Families to other meet persons in their places July 1604. These men were now stark mad and intelligence hereof they send to their dear
if they escape there and go disguised yet they may be disclosed by many if the punishment were not death but only immuring in dead walls The penalty of Recusants in a stock would pay the charges Perdat fiscus ut capiat Christus Here we finde extremes in both Councils certainly there is a medium neither Execution nor civill destruction for perpetual Imprisonment renders a Man civily dead a better way may be if we could hint it And why not thus Let Preachers use the spirit against them not as usual to wast an houre-glass to skirmish against government and discipline How can we draw others to our Church without a foundation of our own not like undiscreet Dogs to bark at all but to distinguish A child that sucks Popery from the breast must needs speak the voice of Papists It was the Kings saying and distinction A great cause of continuance of Papistry in common people is That being fuller of Pagentry than Doctrine and the old sent of Roman perfume The common obedience of coming to Church more expected than the instruction of private families or by publick Catechising The first Elements are to be learn'd at home and were orderly contained in the Book of Common-prayer by instruction first and then Confirmation of the Bishops This excellent foundation laid by the fathers of the Church should not be despised by their children In former times Ministers haunted the Houses of worthyest men Countrey-Churches with the best of the Shire Prayer and preaching hand in hand together then Papists smelled ranck therefore for shame they resorted to our Churches and Exercises This was the Counsel then but start-ups with intemperate zeal and indiscretion fore-ran the authority of the Magistrate censuring whatever agreed not with their conceits and now a days we finde the effect The King removes to Greenwich where amongst the ranting Riders at Court one Io Lepton of York Esquire and the Kings Servant made Matches of Horsmanship with the most in Court and to approve his skill and strength for a good Wager rode five several days together between London and York and so back again the next for May 20. Munday he set out from Alders-gate at three of the clock in the morning and came to York between five and six at night the next morn sent him to London at six and seven the next morn he set out to York and came thither at eight and so within half an hour the same time performed it and the last day came also to Greenwich to the King by nine of the clock as spritely and lusty as at the first day to the wonder of all till another do the like The King of Denmark out of singular affection to his Sister Queen Anne arrives in England and anchors at Gravesend where King Iames boards him unexpected and brings him a Guest to Greenwich for a Moneth with such entertainment as Peace and Plenty could possibly afford and so curious he was to take a view of things within his Level about London that disguised sometimes he took that advantage but most unwilling to visit the Tower when he found it a Prison though from thence he rode in triumph through London presented with Pageants and costly complements to shew him the wealth and love of this People He might be shy to shut up his Person having by the Law of Nations submitted his freedom by entring the bounds of another Prince without leave The Earl of Flanders found the effects when in his return from thence to possess his Inheritance of the Kingdom of Spain and being by storm cast upon our Coast King Henry 7. disputing some unkindnesses formerly received not usual with welcome Guests the Earl suspecting the danger was fain to yield to all the Kings demands which was hard in one point being to deliver up the Countess of Warwick and other Fugitives resident in Flanders that took Sanctuary in his Countrey and so had leave to depart The other and worse success may be from Mary Queen of Scots who forfeited her freedom by entring into England and afterwards her life by pretence of Treason as you have heard before though indeed she wrote to Queen Elizabeth for admittance but hastily landed without leave The Earl of Northumberland Henry Lord Mordant and Edward Lord Sturton not coming to Parliament according to Summons by Writ were more than suspected of the Pouder Treason and were committed to the Tower the Barons were fined in Star-chamber and after some durance paid the money and were released The Earl being deeply engaged was fined there also thirty thousand pounds and imprisonment during pleasure as all such Delinquents are which severity of Fine towards him was thought more extreme than usually since the erection of that Court he continuing Prisoner till 1619. and then paid but eleven thousand pounds in all the fate of that Family evermore false to the Crown as Sir Iocelin Piercy was used to say Seldom Treason without a Piercy Camera stellata belonging to the old Palace at Westminster and the 28 Henry 8. called the Starred Chamber then as now had one great Star affixed to the Roof and one over the Door The Court seems to have beginning from the Statute of 3 Henry 7. cap. 1. It is ordained that the Lord Chancellour Treasurer Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings Council and the two Chief Justices of the Kings Bench and Common Pleas or other two Justices in their absence should have power to punish Routs Riots Forgeries Maintenances Embraceries Perjuries and such like not sufficiently provided for by the Common Law But Queen Elizabeth enlarged the number of the Judges And so now it was honoured with all the Kings Privy Counsellours See Powel's Att. Acad. And though Delinquents were severely censured in terrorem Populi yet there was usually a day after every Term where they met to mitigate the Fines and Punishments afterwards to a reasonable summ and Penance This I put to memory because that Court is suppressed for ever by the late long Parliament There was much ascribed to the Kings wisdom in the discovery of this Pouder Treason but the Iesuits had a note of Cecil's name in their Register not against them as a Day-labourer that carried some few stones or sticks but the Master Workman whose forein and domestick Engineers wrought in this Mine of discovery And therefore was he calumniated with many contumelious Papers and Pasquils dispersed like Iob's Messengers one at the others heels He takes time to consider whether to begin a warfare of words against those with whom disputes are endless because their end is clamor untill it was fit to express himself in clear terms lest any of these clouds which are unjustly cast upon him might darken the brightness of his Masters royal minde which hath been always watered with the mildest dew of Mercy and Moderation Amongst many he undertakes one directed to
And so it was in his Mothers time and without consent of Parliament else it would seem a League of the People And in his time when it came to be Ratifyed least it should appear In odium Tertii it was by Him left out in respect of his Title to England 3. Who is so ignorant as can not see the profit and commodity to England by this Union is there not Gain by Wales is not Scotland greater Lands Seas and Persons added to Greatness certainly Two made One makes them Greater and Stronger He desires Union for the Empire of England and for their security to condescend to reasonable Restrictions And he will never say what he will not promise nor promise what he will not swear nor swear what he will not perform And so dismisses them But although the Parliament could not be drawn to it presently yet not long after it wrought upon the Judges of this Kingdom that the chief Justice Coke confirmed the Post-Nati in Calvins Case and Title And adjudged for him also by that reverend States-man Chancelor Elsmere and all the Iudges likewise in the Exchequer Chamber whose opinions do much confound our Adversary bewailing the Cause That of such stuffe Judges are made who can modell their Presidents to any shape And yet all that this Session could be drawn to do was to repeal the Laws of Hostility between both Nations and so confirmed in Scotland from the fourth of Henry 5. of England and from 1 Iames 1. of Scotland Some excellent Acts were concluded this Session which I refer to the statutes in print But because the Judges in that time are complained of as too partiall for the Kings commands Let me aeternize the memory of Judge Nichols of the common pleas His Predecessor in his Circuite Assize for the County of Northampton had reprieved a Felon indicted before him and found guilty by the Jury and condemned but reprieved by him upon some observation of the weakness of the Evidence This Iudge dying Nichols appointed for that Circuite continues the Prisoners reprieve And the complaint came to the King who urgeth the Judg by letters for Execution which yet he refused His just excuse was That if his Predecessor who heard the Evidence thought good in Iustice to grant his reprieve It became not his Conscience now to condemn him seeing he never heard the Evidence at all And that it was part of his Oath to do right notwithstanding the Kings letters 18. Edward 3. This man therefore the King owned to be a wise learned and just Judge for though he might perhaps have given just Iudgment it could not be true Iustice. Licet aequum statuerit hand aequum fuerit Heretofore Proclamations had been by Queen Elizabeth and King Iames against the excessive repair of persons of quality out of the Country to London by neglecting their duties at home in their respective service to the Common weal the decay of Hospitable Neighborhood and relief of the poor Besides the more room made for them crowded the Mechanick and Trades-men into narrow habitations and dear rents pestering most houses with Inmates Infections and sickness the Country Towns and Burroughs unpeopled trade decayed But these commands not obeyed The wisdom of State was assured that the cause taken away the effects would follow The restraint of New-buildings might necessitate the Gentry to keep to the Country for want of lodgings at easie rates in London And such as should be were prescribed heretofore a form of Brick upright to save Timber so much wanting and to beautifie the streets incroached upon with bay windows and eaves hanging over that even joyned with the opposite Neighbour upon old or new foundations a Custome of freedom in after times of loose liberty which destroys the beauty of buildings And now necessity enforcing a farther Obedience this proclamation hath these Limitations No new buildings in London or two miles about but upon old foundations And such as have been erected within five years last past contrary to former Proclamations which were to be pulled down shall nevertheless be disposed by Officers appointed for tenements to the poor or for their benefit and hereafter offending to be pull'd down No House to be divided hereafter into several Tenements nor any Inmates received to make another family These prohibitions were referred to the Aldermen and Iustices of Peace and this was in October 1607. When the plague ceased and the fresh gang of the Countrey came huddling to keep Christmass at London Our Caluminator that swells his Book with malitious observations and false quotations refers this to 7. Iac. 1609. and belyes the restriction to be pulled down though says he not taken notice of in seven years after for this Proclamation commands the Aldermen and Iustices in their diligent view perambulation and inquiry to certifie the Kings Council every Term or their neglect to be censured punished and removed from the Peace as unworthy Whereby says he many not heeding the Proclamation laid out their whole Estates upon little Hovels and building fair houses upon new foundations must either purchase them anew or pull them down and both to their ruine Name me one that was repurchased Indeed such as offended in this last were to be fined or pulled down And truly the commands were so necessary so wholesome so beautifull and so exemplarily publick that very few offended and such as did deserved due punishment yet this is scored upon the King as a Crime in State which he foresaw would come to pass as now in these days we finde the effects to be pitied the very ruine of this City and Suburbs The Lord Treasurer Dorset died suddenly at the Council-table his Disease an Apoplexy which gave way to Cecil Earl of Salisbury to succeed him Treasurer this Dorset was Thomas Sackvile Son and Heir of Sir Richard Sackvile of Buckhurst who came from the Temple a Barrester and was created Baron Buckhurst by Queen Elizabeth and by King Iames Earl of Dorset 1605. and Knight of the Garter About this time a further discovery was made in Scotland concerning the truth of Gowry's Treason by Attainder of another of the Conspiratours The Treason was attempted the fourth of August 1600. as before remembered and though there followed sundry Suspitions and Examinations of several persons supposed Abettors and Contrivers then yet it lay undiscovered tanquam e post liminio untill this time eight years after by the circumspection principally of the Earl of Dunbar a man of as great wisdom as those times and that Nation could boast of upon the person of one George Sprot Notary publick at Aymouth in Scotland from some words of his sparingly and unawares expressed and some Papers found in his house whereof being examined with little ado he confessed and was condemned and executed at Edenburgh 12. August 1608. A Relation I conceive not common but in my hands to be produced and written by that learned Gentleman
House had been Kings of England for neer 600. years untill the time of Edward the confessor The first Counts of Holland till Florus who was the last were younger Brothers of that descent Amongst whom one William was the 26. Emperour of Germany The last Kings of Scotland by alliance were of the same house of Egmont to wit the Grand-children of the Lady Mary of Egmont daughter to Arnold of Egmont Duke of Guelderland which Mary was married to Iames the second King of Scotland And the Lady Margaret his sister espowsed to Frederick the second Count Palatine from whence proceeded Frederick who married the sole daughter of this King Iames the sixth for whose restauration all Germany and many other large Countries have suffered very much in the late years then following I may add also the Lady Philippa of Egmont daughter to Adolphus of Egmont Prince of Guelderland married to Renatus Duke of Lorain from whom descended the Dukes of Lorain who assume among their titles without any Contradiction the qualities of Dukes of Guelderland Iuliers and Cleveland and that by virtue alone of the Alliance with Egmont But greatness submits to providence the remainder of this royall blood is lately Anno. 1654. wholy shut up in the veins of Prince Lewis Duke of Guelders and Iuliers Count of Egmont and Zutphen His great Estate and Revenues relinquishing in the Low Countreys 22. years before his death and sustained himself only with the means of a petty Sovereignty in Lukeland in spite of the Spaniard his mortal Enemy but ranging abroad to seek relief and support against his Tyranny he died at Paris with this Epitaph Hic jacet Egmontos Germano è stemmate Regum Cui mors plus peteret quam sua vita dedit Huic ctenim Patrios quaerebat vita ducatus At mors nobilior regia sceptra dedit As for the Netherlands It belongs not to me to judge of their duty to Spain nor their division now whether Spain hath injured them certainly they were disloyal to him He pretends Absolute Sovereignty They but conditional obedience But without dispute Holland and Zeland belonged to the Lady Iaquelin of Henault who to save her own life was forced to relinquish her Estate And Zutphen and Gelders did of right belong to the Duke Arnold who being Prisoner with the last Duke of Burgundie who died before Nancie that Duke intruded upon his possession to the prejudice of Adolph his son and lawfull Successor the immediate cause of the quarrell after But this siege of Iuliers was the last action of that fourth Henry Le grand of France for the next year succeeding he was stab'd with a Jesuits impoysoned knife as his Coach stopt upon one of the Bridges at Paris In the Junto of time when he had mustered all his forces and ransacked together much Treasure for some secret design which the Spaniard feared might fall upon him And it was suspected for that cause only that the politick Spaniards Interest sent him out of the world farr enough from prejudice of him having but lately repayed to this Crown what had been lent his necessities heretofore by Queen Elizabeth which came unto sixty thousand pounds After five Sessions in six years time the Parliament having wrastled with Sovereignty which the King moderated by often speaking to them Himself yet finding them more willing to dispute than to comply with his occasions having on his part steered with all possible judgment to terms of reconcilement between his undoubted Prerogatives and their Novell Privileges as he termed them which rather increased Arguments by their so often Meetings He resolved therefore to separate their Conjunction and to adventure on the other way to do himself right by his own just reason not to do the people any wrong in the lawes of their liberties and so dissolved the Parliament by Proclamation And now was performed what the King intended last Sessions to set forth his sonne Prince Henry then of the age of fifteen years now 16. And because he was the first Prince here since Edward the sixth we shall say somewhat of his dignity the thirteenth Prince of Wales The Kings eldest sonne heir Apparant in England was styled Prince quasi primum locum capiens post Regem Priviledg they had to wear Purple Silks and cloth of Gold and Tyssue in his apparell or upon his horse 24. Henry the eighth but King Iames had repealed all lawes and statutes concerning apparel quarto Iacobi They had purveyance as the Kings or Queens He is admitted Maintenance to give Signes Liveries Badges to his Menials as the King does but for enormities of that kind several statutes of former Kings abridged them untill 12. Edward the fourth He may have as many Chaplains as he will The King by Common Law may have aid-money of his tenants by Knights fee as of Soccage That is to make his eldest sonne Knight and for marriage of her eldest daughter He at fifteen years of age She at seven saies Fitz-Harbert the sum of money at the Kings pleasure till 25 Edward 3. who restrained it viz. of every Knights fee holden without mean rate 20. shillings of every 20. pounds Land without mean in Soccage 20. shillings and so rata pro rata of lands in Soccage and for lands of the tenure of Chivalry according to the quantity To compass his death or violate his wife is Treason 20. Henry the eighth and before the statute the ancient common law in that case He and other the Kings children Les Enfants du Roy born beyond Seas shall inherit here He had many Priviledges since 12. Edward whose device it was to draw the Welch to acknowledge the Kings Eldest sonne Edward of Carnarvan to be their Prince But 27. Henry the eighth there was a general resumption of his priviledges as to Pardon Treasons Murther Man-slaughter Felony power to make Justices of Oyre Assize and Peaâ—e Goal-Delivery c. so from thenceforth he had onely Name and Title but no other Jurisdiction then should be granted by his letters patents He is invested with a Garland upon his head a gold Ring on his finger and a Virge of gold into his hand to him and his Heirs the Kings of England for ever as Prince of Wales and Earl of Chester To sit at the right hand of the Cloth of Estate in Parliament He shall not find pledges for profecution of any Action Cook cals him Omni Nomine Numine Magnus by Destiny Name and Providence of God the greatest Yet he is as a Subject and shall be sued by action and in token of subjection he bears upon his Arms the three plumes arg with this old Saxon word Ich. Dien I serve Gascon chief Justice in the time of Henry the fourth did commit the Prince who would have taken a prisoner from the Barr in the Kings Bench which the King justified So much premised The King gave his sonne also the honor of Knighthood to
of my life Such stuff as this makes up the matter as they would make us believe but in truth he threatened Somerset with some discovery which was construed to be secrets of Love or State or both Not without monstrous defaming her honour by Message and writing filthy base woman they were best look to stand fast which begat fury in her and subtilty in Somerset least Overburies Malice should break forth to both their sufferings and so trouble their whole fortunes To prevent mischief to the One and continual defame to the other combining with the rest It was resolved by her to destroy him which she first intended by assassination and dealt with one Sir David Wood an ill-looked red-bearded Scot whom Overbury had prevented of a suit valued 2000l But his cowardice not conscience fearing to ingage she and they plotted the impoisoining of him in prison as the story intends to discover in particular This Spring seizes Northampton for death He was brother unto the late Duke of Norfolk who suffered for his Attempts of Marriage with the Queen of Scots as before remembred then a Prisoner here in England which might be some motive for the King to consider the advance of this Man and that Family which he did by preferring the Dukes second Son to be Earl of Suffolk 1603. and by restoring the Dukes Graâ—dchild Thomas Earl of Arundel 1604. as aforesaid and by particular preferments of this Henry who was more wedded to his book than to the Bed for he dyed a Bachelour He was accompted wise and learned a cunning States-man and for all these abilities out of the Kings great affection to Letters especially being concentured in a Noble person at his first accession hether he the rather advanced him in succeeding Creations as Baron of Marnhill Earl of Northampton then Privy Councellour Lord Warden of the Cinque Ports Lord Privy Seal and Knight of the Garter and elected Chancelour of the University of Cambridge He had plentiful for his single Life and to spare for his friends In his expence not over frugal maintaining his Port the most remarkable like the antient Nobility in his family and dependents of any Lord then or since his time He assisted his Nephew the Earl of Suffolk by his designning and large contribution to that excellent Fabrick Awdleend He built that Noble Structure at Charing-Cross Northamp House presented it a New years gift to his Cosin German the â— Walden Suffolks eldest Son And yet left his other Cosin the E. of Arundel the rest of his estate so to appear to the World his equal distribution to such even kindred He was pious and gave good testimony thereof in his life built that handsome Covent at Greenwich and indued it with Revenue for ever for maintenance of decayed Gentlemen Bachelours a competent number and for Widdows also considerable He died in April Anno 1614. full of years and honour and suspected more Catholick than some will think reasonable though in the form of a Church Papist as some lately do publish and to be a Setter in the monstrous Murther of Sir Thomas Overbury though the Lieutenant of the Tower Yelvis in his Examinations and Confessions cleered him which suspition is since grounded upon the interpretation of his Familiar Epistles to the Earl of Somerset and indeed but bruited since his death And where no proofs precede we may be sparing to not him so Noble a Person with that or any other Infamy About these times the humours of young Gallants not brooking the peaceable conditions of our Kingdomes and neighbour Nations took upon themselves to quarrel with each other and to fight it out in Duels upon slight occasions and very frequent which induced his Majesty to publish a severe Edict against private Combates and Combatants their Seconds Accomplices and Adherents for prevention of those heavy events whereto worthy familics become obnoxious by the odious and enormous impieties inevitably subsequent thereupon Intending by that time that the most proper Remedies have qualified the distemper of il-disposed minds and that audacious spirits have smarted for incompetent desires the false colours and pretences of erring Custome have both been counterpleaded and corrected by reforming severity By that time I say that Passion hath been put into the right course of submitting to discretion and caution hath wrought it self at leasure into as constant a form and habit of conforming to obedience as self-will took in former times to plant false principles the greater part will easily discern That there is greater reason to reprove those that offer Challenges of madness than to tax those of Cowardice that abstain out of duty And therefore those that should conceive themselves to be behind in the least respect of point of honour should repair to the Marshalls Court who were instructed and prepared as well for the cleansing of all green wounds as the healing of old Ulcers that shall appear to them Hereupon occassion was soon given and taken in a Duel of Priest and Wright for writing and carrying the challenge and an information against them in Star Chamber by a charge of Sir Francis Bacon Atturney General and though the persons were but mean yet they served for example to the great the Dog to be beaten before the Lion the one a Barber Surgeon the other a Butcher This eloquent Oratour divided his charge into four branches 1. The nature and greatness of the Mischief 2. The Causes and Remedies 3. The Iustice of the Law of England which saies he some think defective herein 4. The capacity of this Court where the Remedy is best to be found 1. For the first when Revenge is extorted out of the Magistrates hands into private men presuming to give Laws to themselves It may grow from quarrels to banding so to trooping then to tumult and commotion from private persons to families and alliances and so to national quarrel and subject the State to inflamations and convulsions and herein Offences of presumption are the greatest and this to be done by the aurorae filii sons of the morning young men full of hope and towardness 2. The Causes no doubt a false imagination of honour and credit bewitching Duels Species falsa against Religion Law and virtue That men now adaies had lost the true Notion of fortitude and valor the one Fortitude distinguishing the grounds of quarrels whether they be just and worthy a mans life being to be sacrificed to honourable services good causes and Noble Adventures Expence of blood is as the expence of money not to be profuse in either upon vain occasion For the Remedies Four things may be effectual for repressing the depraved custome of Combates First The State to abolish it for then every particular person thinks himself thereby acquitted his reputation when he sees it an insult against Sovereign power Like unto the Edict of Charls the ninth of France against Duels That the King himself took upon him the honour of all
King for nought infinite gain It was then wished that they should declare their benefit and afterwards become Collectors for the King Queen Elizabeth after she had raised Customer Smith from 140001. per annum to 420001. made him discount what he had got This King did not do so yet he did better borrowed money and never paid it them Besides they were alwaies at hand to be squeazed and what his Successor failed in that way being perhaps surprized by death the next long Parliament did to purpose ruined them all upon old Scores And was it not time for King Iames so to do We all know by the succeed such Contractors lost not by their Farm By which we may be assured how mightily trade increased by the wise Government of this King and no Text more certain to prove it than the Inter and Overloping of Merchants to get in to be Farmers so mighty was their gain and so secret this their trade as but by their Pride profuse and stately comportment since could never otherwise have been imagined Liberties and Penalties there have been Kings that have proclamed Quod omnes Chartae irritae forent nisi posteriori sigillo roborentur Nay Qui suis volebant gaudere innovarent chartas suas de novo and this was done by Commissioners or by quo warranto against all And for penal Laws though I know that many Projectors advised yet former examples of this kind have evermore been fatall to those of the Quorum But this King declined it at all Selling Offices had been done formerly not a King scaped it to sell great Offices of the Crown and State for years for life under the Kings hands and seals They lodge in the Record thus Chancelour Chief Iustice all Keepers of Records Clerks of Assize and Peace Masters of Game and Parks and what else of profit or repute In France it is common not one scapes and in Spain as usual and defended as lawful and there are some that have prescribed them amongst the best Rules of reigning Sovereignty both Ecclesiastical and Temporal It may be that Favorites and Courtiers made bold with their interests in their Master to receive their Rewards But his own hands were ever closed from such corruption Sale of Honours It was the antient Power and that legal to call landed men to Knight-hood or fine which he did by favour and grace which he gave truly I believe he was no niggard in them too But indeed there being no Chivalry or Deeds of Arms in this time of peace to make men merit honours those that had it favourites excepted I rank in desert and so of due reward To others I confess they paid for it and they were those off-hand Lords as were made Earls together that paid eight thousand pound a piece and the pride of their hearts never bogled at the purity of the Project but swallowed down the Corruption without check of Conscience and yet this I can tell Some of them set their Sons to beg again part of it for their private expence The Baronets were created upon a better score and both these without any plot of State as was feigned and the designs upon the Earl of Salisbury for the former and upon Buckingham for the later when in truth Pride and Ambition made the project their own And in Gods name let such pay the price thereof And I know as honest and discret as our later times can boast of molded other such designs for degrees of honor to be hereditary in tail as Under-degrees to those already in use which yet the King for that present declined Coyn and Bullion All men know that Coin and Bullion in any State admit great wisdome in the mannagement and as many overtures were now offered as could stand with Justice or Customary Presidents It was much urged to abate money which was never used by any but as a last shift full of dishonor as in Bankrupts and a certain inconvenience to all Revenues of rents and so to the King in that particular as the greatest land-Lord and so his disadvantage which he declined Moneys being esteemed quantum in Massa not altogether per sculptam and so hold esteem by their true value Queen Elizabeth held it up from abasement which her great potent Enemy Spain could not do Then was advised Cambium Regis an office antient untill of late the Goldsmiths have ingrossed it Some thoughts there were to make the Exitus exceed the introitus in Traffick that the unnecessary nay useless commodities brought in in old time accompted Wines Spices Silks and fine Linnen the Manufactures of out-lands and sold to us to a great value even in Babies and Rattles being the sad occasion then the great want of Bullion not sufficient in Specie to pay the Lender in principal At last it was concluded to get advantage in the Coinage either simple Metal or Mixt by which we see that all Monarchs have are argento auro and so was coined only Farthings least other stamp of more value should clog the Kingdom and a proportion was together coined and do what this State could was in few years counterfeited by our neighbour Hollanders and many Firkins filled by them that the Farthing Office was not able to rechange upon the rebate for silver which yet the King continued till these late times called in Examine the inconvenience of Leaden and Copper Tokens as great a benefit now to Retaylors then formerly to the State but with much more inconvenience to the Nation being only utterable and current to each Retaylor of his own Mint and Mark. He was forced to adventure upon the use of Parliaments and to being with money but not to build long upon their discusses whereby came that saying in common as of no other Design Subsidies granted Parliament ended and therein the disadvantages he found might well distinguish him and their less frequent calling from his Predecessor and her often invitation and indeed discourage any Prince that should next succeed her The Disposition and Spirit of the times considered were not alike with him Her people ingenuous and un-inquisitive wrapped in innocence and humble obedience But in his time their passions and disaffections had gotten loose Reins the snaffle in their teeth contesting and capitulating Reasons of her actings were her own Will for then she having just cause to complain of oppressions as they did they only conveyed them to her notice and left the time and order of redress to her Princely discretion And yet when it was not altogether concerning them she would bid them meddle to amend their own Manners Nor were her Messengers choaked by any reproach that came of such errands In his time so much degenerate from the purity of the former under pretence of reforming and freedom that their very inquiry extended to the privacy of the King himself Nusquam Libert as gratior extat quam sub Rege pio Afflicting
Cradle we shall find him as it were begotten to an inheritance of true Nobleness and Courtlike grace in more real splendour than others that seemed to appear compatible with him they being onely made so by hand His life indeed was intricate sometime struggling with the by-paths-of Sovereign-favour and afterwards of State-affairs Which at last and at worst infected him with the disease of the times more malignant in his Counsellors and other his Confidents then in his own conscience or inclination and so drew him on by various disguises of subtilty with the composition of his good nature till the remain of his life was involved into Ingagements unstable the effects whereof smothered him in the uncouth deluge of destruction I have no adverse aim or end on either side of these two Lords to embase the freedom of my Opinion or Judgement being tryed into some purity of truth by my own knowledge of the former and of this other by more exact account than by most men or by any other pen may be expected But I am not delighted to urge out this story of the Lord Haies as not willing to speak evilly of any person of his Honour unlike Our Adversaries that spare none For we should know that virtue and vice are inherent in Man And as it becomes us to tell truth when we speak of their virtues so with modesty and compassion to discover their vices Either of them being examples for the future that to imitate this to shun And I cannot but with compunction remind that the monstrous excess of the Belly and the Back by his first President became then the mode of those Times for great Persons the most part to follow and for ordinary people to put in practice even to this day and may be feared for ever hereafter The Sword being sheathed up in the Scabberd Peace and Plenty brought the Law into esteem the onely over-ruling power to set men even by the ears and make them the more quiet ever after But then Cases increased so common that Conscience was troubled to reconcile them and made a Quarrel of Justice it self between Sir Edward Cook Chief Justice of Law and the Lord Elsmore Keeper of the Conscience who had the better of the Cause to the others ruine The Case was thus Sundry Citizens got Judgment in the Court of Common-Pleas by a juggling Trick that staved off an opposite Witness the Plaintiff nevertheless exhibits his Bill in Chancery against the Defendants who sit out Process of Contempt and refusing to answer are committed to the Fleet. And for their Relief exhibit their Bill in Star-chamber against the Lord Chancellour Elsemore grounded upon the Statute of 4 Henry 4 ca. 23. That the Iudgment given in the Kings Court â—hall not be examined in Chancery Parliament or elsewhere untill it be undone by Attaint or Errour c. and so thereby he had incurred Praemunire and the Chief Justice Cook interposed and encouraged the Complainants The Chancellour acquaints the King who sends to Bacon Attourney General Sir Henry Montague and Sir Randal Crue Serjeants at Law and Sir Henry Yelverton Solicitor these men report back That there hath been a strong current of practice and proceeding in Chancery after Iudgment at Common Law and many times after Execution continued since Henry the Seventh's time to this day in Cases where there is no other Remedy at Common Law unto which the Iudges are peremptorily sworn And with this Sentence on Elsmore's side the aged Statesman leaves the Seat of deciding and sits down himself to his devotions leaving the Seal to be born by Bacon But the manner of the dispose is mis-told by the Pamphlet who makes it the Chancellour's heart-break to be rid of the charge when in ttuth the Term come and Elsmore sick the King sent for the Seal by Secretary Winwood with a gracious Message That himself would be his Deputy and not dispose it whilest Elsmore lived to bear the Title of Chancellour nor did any one receive it out of the King's sight till he was dead nor long after And because we may be assured of the Kings gratious favour to that grave Chancelour see what he saies to him in two Letters following writ every word with the Kings own hand My Lord These shall first congratulate and thank God with you for your recoverie and growing to health again for which I protest to God I praied everie Morn and Eve since you was at the worst as oft as I praied for mie self And next you shall be herebie informed how senseable I am of that disgrace offered to that Court of mine wherein you sit especially at a time so unseasonable It cannot but be a comfort to you to know how every Man censured the pertiallity and barbarity of that action and for my part you maie assure your self it shall onelie be in your default of not informing me if I do not upon this occasion free my self from fascherie of any such inconvenients hereafter I mean of such jarring betwixt my Courts of Iustice for I will whollie upon your information and advice what course to take in the handling of this business assuring my self that your conscience and care for my honour and service will set me in a course for making such an example in this case as may settle good Government in like Cases hereafter and so I bid you heartilie farewell Febr. 25. 1615. New-market James Rex Thus the King writes then and continued unto this grave Statesman such gracious Favours and esteem to the last of his daies for a twelvemonth after this letter and not long before his death he writes again To the Right Trusty and Right Well-beloved Our Chancelour of England My Lord The Letter I wrote the last year from this same Town unto you proved so good a Cordial for your health as I am thereby incouraged to do the like at this time and as I both hope and praie for with the like success I cannot but be eztremelie sorrie for your want of health but I confess I am more sorry for the evil conceit you have of your own strength which makes me the more to presume upon the good Operation of this Physick of mine since I am sure it can work more upon your mind than anie other worldlie thing The Greatness of your place and the abilitie which God hath given you to discharge it to the honour of God and the great benefit of the Common-wealth is a cause sufficient to stir you up to be careful of your own health and even to fight against disease as far as you can but when you shall remember how evil I maie want you and what miss your Master shall have of you I hope that reason will be predominant to make you not strive but conquer your disease not for your own sake but for his of whom you maie promise your self as much love and heartie affection as might be expected from so thankful and kind a Master to
prefer him to a Deanary of Windsor and for better support with the Mastership of the Savoy This vext Count Gondomore the Spanish Lieger who intending to tempt him as the Devil does his creatures with a bosom sin that which they love had intelligence of his innate disposition to avarice with this he tampers afar off and with leave of his Master invites him to turn again from this so mean allowance and take preferment in the Conclave to be Spain's Pensioner there as almost all are with this assurance of the Cardinal's Cap he was cozened into the Court of Inquisition and so to the Gaol where he ended his days with grief and died a Protestant Professor in malice to the Papist or rather of no Religion The late sudden Murther aforesaid of Henry 4. of France left the Sovereignty to Lewis his Son and his minority to be supported by his Mothers Regency and she in miscarriage through too much affection to her Favourite the Marques D' Ancre a mechanical Florentine her Countreyman occasioned the Princes of the Bloud to seek their freedom by force which lasted not long after their several imprisonments for the quarrel rising high and D' Ancre busied abroad they plotted their business by a bold Captain of the Gens d' Arms De Vitry and effected upon Ancre's person with a single Pistol at the instant when he returned to the Pallace the Loure in Paris and his Corps had no other Balm for their Burial than his own bloud being dragg'd about the City by the Peoples rage till the dis-jointed limbs were left for Ravens King Lewis was young and engaged before in his Mothers quarrel but this accident taking fire as the Princes would have it soon won their weak Sovereign on their party and in policy perforce he owned the Action as the most convenient Iustice for quieting the Differences and so the Government taking hold on this occasion turn'd to the other side and had the better of the Queens Faction she being afterwards led up and down the King's Army under oversight as a Prisoner but shew'd to the People as if reconciled to her Son the chief Mover having paid the account upon the execution of his person This for the present which lasted by fits for some years as her Faction took breath untill that excellent Engeneer of State-policy Cardinal Richelieu had put her into a jealousie of her own safety at home and so opened a Gap whereby as in stealth she might get loose out of the Kingdom but Sovereigns leaving their Subjects are seldom sent for again and after much turmoil and tampering with several States and Italian tricks she ended her days very poor in Germany in the City of Collen And Richelieu succesfull in all his policies settled that Nation to his death in their due submission to Sovereignty which broke out afterwards Anno 1652. into like examples of former miseries The blessings of Peace and Plenty enthroning this King resolved him for a leasurely Expedition into Scotland in the opening of the last Spring which was not performed this Summer season partly to make good his promise when he took leave of his native Countrey to give them a Visit after some time of settlement in his new Inheritance And in some policy it was hastened now to be out of the way of address from the Emissaries of the French that unstable State now in the height of diffension whilest King Iames and his Court were thus refreshed from affairs and business here in as much prudence and splendour as the consideration of this Journey was necessary to the Design which our Historian with his Pasquil observations spends in ridiculous Riot But it was indeed by his presence to warm those cold Countreys with the beams of Majesty and with his precepts to warn that rebellious Nation of their feuds by example of their old French friends fresh miseries to settle the spirits of the factious Presbytery in obedience to Episcopal Hierarchy to pass some Bills and Acts of Parliament to regulate the exacting powers of some Officers in trust to give grace to the humble and content to all And forthwith a Proclamation was advised in Scotland and there published of the Kings Solomon like instinct to visit that Kingdom and therein gave them assurance not to alter the Civil and Ecclesiastical Estate but by reforming abuses in Church and Common-wealth and advised them to all accommodations to bid him and his welcome These directions were accompanied with others of State and amongst them for repairing and orderly adorning his Chapel and Officers sent out of England with necessaries and some Portraits and Pictures of the Apostles carved for the Pews and Stalls but the People exclame at such sights That Images were to be set up The Organs were come before and after comes Mass. The King was angry at their ignorance and sent them word to distinguish betwixt Pictures intended for Ornament and Decoration and Images erected for Worship and Adoration Resembling such men to the Constable of Castile who being to swear the Peace concluded with Spain and to be performed in the Kings Chapel where some Anthems were to be sung desired that Gods Name might not be used therein otherwise he would be content with any thing else So the Scots Kirk can endure Dogs Bears and Bulls nay Devils dressings to be figured in Churches but not the Patriarchs nor Apostles He come to Berwick in May and there it was advised to prorogue the Parliament to Iune 13. which gave the King time to progress through the Countrey making his entry in the special Burghs and Towns after the most magnificent manner and welcomed with all the expressions of cost and glory that ever that poor Nation had been put unto that some effects might seem to make good the Scots Rants of their gude Countrey And because it hath been since surmized that nothing was acted there in order to the service of that Nation we shall trouble the Reader with some particulars The King enters their Parliament with Rules for establishing Religion and Iustice and a regard to the Ministers of both for notwithstanding the many years Profession of Reformation numbers of Churches remained unplanted and those that were wanted maintenance advising that Commissioners might regulate a local stipend to each Minister He remembred them of his continual care and pains heretofore and since for placing Iustices and Constables to preserve the Peace and execute Laws which he said had been neglected by some by the small regard shewed unto them from others of higher rank But as he would have them know such Officers to be of honourable esteem so none could deserve better at his hands than those that countenanced them and those others Enemies to the Crown and quiet of the Kingdom That he had long endeavoured to civilize men from their barbarous customs having made some progress by remove of the persons or by extinct of their Feuds and in place
the Time and to discharge all Modification advance of stipends to any Minister for a year unless onely to such as have submitted to the Articles and in affection to the Kings service The Ministers thus curbed and the Northern men being come up to Edenburgh for their stipends complain of their Brethren their pride and insolency supplicate the Bishops to intercede and mitigate his Majesties displeasure and so they did and procured Letters from the King for allowance of their stipends And Mr. Simson was now released professing his hearty reluctancy for opposing his Majesty setting his hand to a Supplication which himself framed with all submission But his Brethren not liking any submission but to their Assemblies or Synods his being to the Council he sets out an Apologetick glossing upon each word of his Confession and concludes That whatever frailty or weakness had befallen him heretofore he hoped now to be like Peter Qui ore negavit corde confessus est and never to betray the Lords cause with Judas The Iesuits do even so fast and loose neither tongue hearts nor hands can binde them against their mental secret purposes And yet there being some hope that matters might amend for the Church and their frequent Synods preparing for their better obedience the Bishops procured the Kings consent to another General Assembly to be at Perth in August the next year This royal Progress of pleasure into Scotland and back again gave leasure to the King and advantage to all Attendants for preferment of their persons or other satisfaction for their services by the freedom of their Masters bounty both to Scots and English Especially to our new Favourite now of two years growth in the Kings affection This man George Villiers of an ancient Family in Leicestershire and bears 〈◊〉 on a cross Gu. five Escalops Or. His father Sir George Villiers begat him 1592. upon a second venter Mary Beaumont of noble extraction whom for her beauty and goodness he married By his first he had but one Son rising no higher in honour than Knight and Baronet his disposition not court-like and therefore injoying perhaps the greater greatness self-fruition yet in time he had preferment to the Government of Ulster Province in Ireland The other Sons were three and in order of Birth but not in Preferment Iohn was Viscount Purbech George Duke of Buckingham and Christopher Earl of Anglesey and one Daughter Susan Countess of Denbigh We are told that he came over by chance from his French Travels and sought his Preferment in Marriage with any body but mist of a Match for want of an hundred Marks and so pieces him for the Court like the story of Demetas Caparisons borrowing of each one by piece-meal to put him forward for the Kings Favourite But the truth is thus His Mother a Widow was afterwards married unto Sir Thomas Compton whose Brother the Lord Compton by chance falling upon a wonderfull Match for matchless wealth with the Daughter and Heir of Sir Iohn Spencer Alderman of London and her Father then lately dead this Lord was Master of all which was of more than credible and so might be enabled bountifully to set up a Kinsman without other help or Alms of the Parish It was plotted long before and Villiers sent for to the same purpose by practice of some English Lords to ballance with the Scots who by the help of the last Favourite Somerset and others of great affection with the King had the better of the poor English There had been a private Intertainment of a Supper at Baynards Castle by the family of Herbert Hertford and Bedford and some others by the way in Fleet street hung out Somersets picture at a Painters stall which one of the Lords envying bad his foot-boy fling dirt on the face which he did and gave me occasion to ask my companion upon what score that was done He told me this meeting would discover And truly I waited neer and opportune and so was acquainted with the Design to bring in Villiers who was entred before He had need to be well backed against enough that envyed his neerness and aimed by any affront to discountenance him until he made them know that his courage over mastered his sweetness For having bought the place of Cup-bearer to the King and taking the upper end of the Board at dinner before some other Waiter which not his due was told of it and so removed nor was it done with overmuch kindness for indeed the other was Somersets creature who urging a second incivility Villiers gave him a Box on the Ear. For which the custome of Court condemned him to have his hand cut off And which Somerset as then Chamberlain ought to prosecute the Execution which he did And here the Kings pardon without any satisfaction to the other party made him suspected a budding Favourite Who was indeed raised with or by Somersets ruine so drew envy from him as his competitor and from others his Friends compartners in his fall being then as one cast out of the passions of the King We shall find him come up degrees and to stand firm in favour to the death of this King and his second Master till his assassination The King minding to shew his own power to raise him from nothing and his will to advance him for nothing the others study therefore was the Kings inclination and so to leave on him whose affection was sufficient to hold up his head He waited hard and close his first years rising but having removed all the whole Line of Somersets lincks his Wives interests the Howards being boldly fixed in his Masters favor he would adventure to take leave but not too long to be absent And so by degrees inured the King from his custome of overtyring his Favourites and at last fortifies himself by raising out-works if in case of assault His own mariage with an heir the daughter of the Earl of Rutland rich and Honourable twisting himself and his issue by intermariages with the best and most noble For indeed the brouse boughs cut down or removed to plain the stem Our favorite appears like a proper Palm besides the discerning spirit of the King who first cherished him through his innate virtue that surprized all men Henceforth preserments came thick upon him for the next Saint Georges day after his initiation brought him Knight Bachelour and Gentleman of the Bed-chamber At new-years time Master of the Horse and Knight of the Garter and that Summer in August 1616. Baron of Whaddon and Viscount Villiers the beginning of next year Earl of Buckingham and privy Counsellor and this Summer in Scotland sworn there also Counsellour of that State At Christmass after that favours might be recorded Acts of time and of affection too he was created Marquess Buckingham and Admiral of England chief Justice in Eyre Master of the Kings Bench Office and Steward of Westminster places of profit and Constable of Windsor Castle
to make up out of Adventurers purses for Gold-Mettal from a Mine in Guiana one of the Countreys of America upon no other ground to win belief but a pound of the Ore which he had from thence by the hands of Capt. Kemish his ancient Servant The King wondering at this man why to hazard his future fortune upon the nice dispute with the King of Spain whose Territory he must invade at his own perill of success but yet gave him leave with his liberty so be that he broke not the Kings bands of Amity which he had strickt rules and order to observe The French Lieger had been very earnest for his inlargement with much affection to his deserts and some design of Policy against Spain wherein they two waded so far as that the discovery came to the Kings ears not without intrenching by the by upon his Majesties honour and several commissions from France presented to him to fit him to that purpose wherein he was warily watcht till it should ripen for further tryal and at the worst back-friends were to be put aboard to bring him back again And having got Commission and thereupon a company of his own Countrymen they imbarque with him in a Voyage thither with a compleat Fleet of twelve sail and landed at St. Tomazo a Town of the Spaniards killed five hundred men sacked and burnt it of five of their Fleet it may be said as of the old saying They went up the River and so came down again for rhe Design being the River Oremque in Guiana to discover the Mine at the foot of a Mountain up in the Countrey they were opposed by the Inhabitants Spaniards and Natives and so returned to their company This expedition was grounded at the first only upon Kemish information the Miscarriages that might happen was alwaies cunningly resolved to light upon him for satisfaction of the Adventurers To answer it to the King his intent was never to return but by his own mannagement and the obedience of his Company over whom he had commission of Life and Death he dreamed of nothing less then of a prosperous journey And now to frighten Kemish Raleigh threatens him with the Kings displeasure which to avoid sayes the Storian The poor man pistols himself and so no tales could be truly told He dead the most minded forced their own and his return home which he intended any where else and so some of their scattered ships with him more like a Prisoner than Commander came safe to Kingsale in Ireland from thence to Plymouth where no sooner on shore but he is taken into custody of Sir Lewis Stukely Vice-Admiral of Devon and conveyed to London and so to the Tower with whom he deals for a sum of money presently delivered to him to escape with him into France Stukely yields to all accompanies him by Water where by the way to Gravesend the Design of Stukelyes treachery in that and so it prospered with him being hanged afterwards for clipping Gold they were seized and he brought into the Tower and not many daies after commanded to the Kings-Bench-bar at Westminster before the Lord Chief Iustice Mountague where he was questioned upon the Records of his former Arraignment at the City of Winchester and in answer to that he was asked what he had to say to his Sentence to dy like a Traytor His short defence was Of being lately intrusted by the Kings commission over the Lives of some of his Liege people was soon replyed unto as insufficient and he had judgement to dy the next day by the favour of the Ax which he said smilingly touching it Was a sharp Medicine but a sound Cure of all diseases as it proved to him then in his Ague sit in the Palace yard at Westminster Octob. 1618. It was indeed common discourse then that Raleigh knew of no Mine nor was Kemish assured that the pretended Mine was of Gold but that the piece of Ore which he presented Raleigh in the Tower was falsifyed by dissolving some Gold therin and he a better Chymist than Kemish for that purpose That both of them designed it so to be thereby cozening the world to get credit and afterwards to deceive the King to purchase his liberty But when Kemish came safe from the supposed Mountain without any Mine whom Raleigh expected should miscarry in the way and none but he could discover the deceit then was he destroyed by death but by whose hand it may be suspected not by himself And truly these reports were more then a false visard to out-face the truth of his merit in that action and thereby to weigh down Raleighs miscarriage At his death he endeavoured to cleer some points which he knew lay on the Deck against him His disloyal words of the K. undutiful language from Subjects of Sovereigns take deeper root than the memory of evil Deeds so did the Marshal Byron which cost him his head Essex once told Queen Elizabeth That her conditions were as crooked as her carcase Manebat alta mento repostum He said his Accuser was a base runagate Frenchman and perfidious being sworn to secrecy yet he betrayed Secondly To have had often plots with France He confessed That he had been often solicited from thence and that he endeavoured to escape thither at twice and the last time being got as far as Woolwich Thirdly That the French Agent came often to him with Commissions from his Master but it was not accepted Much he said of these as to the publick and of more things as to private which he did not deny but traversed So then there were other businesses of a second charge and confederacy which made him lyable to a new Tryal for Treason is so comprehensible as to take in even circumstances and out of them to make such conclusions as the jealousie of State shall interprete either for safety or Revenge But the prudence of the King would not hazard more having sufficient upon the old score and because he could not in Law be judicially called to accompt for his last actions his former Attainder being the highest and the last work of the Law whereby he was Civiliter Mortuus The King was inforced except Attainders should become Privileges for all subsequent offences to execute him upon the former And concerning Sir Walters recovery of Queen Anns infirmity for which he should beg a Boon viz. the re-examination of the Lord Cobham by four Earls and three Counsellors It being urged by an Author in the innocency of his cause and ingratitude of the King I shall answer as to my knowledge by the relation of some Ladies of her Bed-chamber and of her Surgeons and Physicians now living That she was never cured of her disease but by death that ends all Maladies We are told That Sir Walter set out his design to the King who discovered it to the Spanish Lieger Gondamore the Countrey Town Men Ships
to him and acknowledged the kindness and his young Lady was presented with a Noble and valuable Reward 30001. besides a pension of one thousand pound per annum during his life and this was done with so much love and liking that I have often observed Buckinghams great Civility ever after at meetings to call him Father and bend his knee without the least regret of that Lord that gained more by the bargain And because Sir Robert Mansel a dependant of Nottingham had the place of Vice-Admiral at pleasure only Buckingham for his Lords sake continued him so by Patent during his life for which courtesy the good old man came himself to give thanks as I remember the last Complyment his age gave him leave to present And thus was this office of honour and safety to the Kingdom ordered from the command of a decrepit old man to a proper young and active Lord strengthened with the abilities oâ— an experienced Assistant without deserving quâ—râ—el of our carping Pamphleter Aâ—ter Suffolk the weight and charge of the Treasurers Staff was conferred upon the Lord Chief Justice Sir Henry Mountague Viscount Mandevile Son of Sir Edward Mountague of Bolton in the County of Northampton Son of another Sir Edward likewise Chief Justice who had three Sons Edward the eldest Knight of the Bath bred up in the Wars a faithful Noble stout Commander Iames that reverend eloquent and learned Bishop of Winchester a man so highly in favour and esteem with this King his Master that he had the honour of the Bed-chamber which no Prelate ever enjoyed from any King This Henry was created Baron of Kimbolton Viscount Mandevile and Lord Treasurer in 1620 Afterwards Preâ—ident of the Council and the first year of King Charles Earl of Manchester and Lord Privy Seal and dyed after the entrance of the long Parliament 1643. A man of singular learning in the Laws his Wisdome and experience deserving those high places of Trust and honour He married three wives Katherine the Daughter of Sir William Spencer in Oxon by whom he had five sons and four daughters Edward the eldest Viscount Mandevile Knight of the Bath Walter Iames Charls and Henry His second Wife Ann Wincol of Suffolk Widow to Alderman Holyday Lord Major of London by whom he had issue His third Wife was Daughter of Iohn Crowch of Cornbury in the County of Hartford Widow of Iohn Hare of the Court of Wards by whom he had issue George and Sydney men of eminent vertues now living 1655. Our Historian tells us of the swarming of Jesuits That our Counsellors of State and Secretaries were Counselors to the Pope and of a Divelish Sermon before the King which he the Lyar saw and heard if the King did not for Bishop Neal would always ingrosse the Kings ears with baudy Tales This his Discourse smells too rank he saies and craves excuse having had hammerings and conflicts within himself to leave it out and yet goes on with his baseness and tells us that this Bishops hand closed up the Countess of Essex's virginity and that such like practices as these gave an after period to that Hierarchy Then follows a Tale of the female Iesuitrices in England an Order he says first framed in Flanders by two women Mrs. Ward and Mrs. Twily clothed in Ignatian habit supported by three Fathers Gerard Flack and Moor to preach their Gospel to their Sect in England and two hundred English Damosels of great Birth and quality sent of the Errand and for the truth of all produces a Proselyte Turn-coat of any Religion and every Trade that tells this story in the Spanish Pilgrime which our Adversary recites to grace his History The Iesuits indeed are bad enough but to cope them with our Counsellours of State and other Tales with no better Authority we may herein minde our Authour Not to bely the Devil Sir Francis Cottington Resident in Spain had the conveniency three years before to discover the affairs of those parts and gave intelligence hither of the increase of Pirates in the Mediterranean Sea their whole Fleet then consisting of fourty tall Ships of two hundred and four hundred Tuns in two Squadrons the one remaining before Malago the other about the Cape St Maria between Lisbone and Sevile That within the Streights they entered the Road of Mostil a Town by Malago beat down the Castle and had taken the Town but for succour of Souldiers that came from Granado yet they took divers Ships and four of the West of England two other of ours that ran on shore they burnt also and absolâ—tely perverting our Trade into Spain These at Cape St. Maria met with seven Sail of London five they took and two eâ—caped They are usually manned with Turks and Spanish Moriscoes and attend the coming of the West India Fleet then commanded by Don Iohn Faxardo Upon this occasion the State of Spain moved King Iames to joyn some Sea-forces for their suppression as the common Enemy of Christendom And indeed those courses of the Pirates do but exercise the Forces of Spain by Sea without any great hurt the most dammage falls upon the Trade of Merchants thither of which the English will be the greatest number and so of Sufferers The last year the Hollander having leave of Spain for certain of their Ships armed against the Pirates to have safe recourse thither but instead of offending them sold to Algier as much Powder and Ammunition as ever since hath furnished the Pirates Fleets By which means now grown formidable few Merchant-men escaping them thâ— strong Town of Algier upon the Coast of Barbary countenancing their Thievery and depending on the Turks Protection yet so cunningly contrived as not to be seen to protect them that all Christian Ambassadours concerned herein and complaining at Constantinople could have no redress And therefore it was now concluded to conjoyn Forces of Christendom to free that Sea In so much that they in some fear eighteen of the chieâ—est Pirates in the Levant authorized the Viscount L' Orme and one De la Pomeray Frenchmen to search for their pardon and to come in with all their Shipping offering to the English mostly concerned therein for retribution of this grace fourty and five thousand pound sterling but this was negotiated onely by their Emissary La Forest at Bruxels unto our Agent there Sir William Tromâ—all on purpose to tempt us and the French unto whom the like was offered from joyning with others to ruine them but was therefore attempted by all And for the English was sent Sir Robert Mansâ—â— Vice-Admiral of the Narrow Seas with a Fleet this year And arriving in May with expectation of other Assistants they all failing to any purpose his noble heart disdaining to return without Attempts He first furnished two Prizes which he took by the way three Brigandines and a Boat with Fire-locks and combustible materials for buâ—ning the Pirates Ships in the Harbâ—r who were all come home
from Sea and got in for safety within the Mole Mansel having trained his men in the execution of their several Duâ—â—es and likewise appointed a Squadron of Boats with small Shot to rescue the Vessels of Execution both in the Advancement and Retreat The 21. of May the Vessels of Execution were all advanced but by reason of contrary windes were presently commanded to retire The next two nights being likewise in readiness they were becalmed and could execute nothing The fourth night with a fair Gale being advanced again and the Fire-ships almost recovered the Mouth of the Mole the winde turned to the opposite point of the Compass The Boats performed their Direction in towing the Ships but considering that by continuance of this course they should expose our principal men to hazard by the Ordnance and small Shot that played upon them they debate therefore amongst themselves what to do Captain Hughes that commanded one of the Brigandines replied Go on and give attempt by the Boats which they did crying out King Iames and fearless of danger even in the mouth of the Cannon and small Shot which showred like Hail upon them the English fired the Enemies Ships in sundry places and maintained the fight to the delight of their fellow-shipping that were lookers on so long as powder remained striving in the end who should have the honour to come off last which was left to the Captain Hughâ—s and so retired only with the loss only of 20 men and leaving the fire flaming up in 7 several places The cowardly Turks who before durâ—â— not shew themselves to these weak forces but from the Walls and tops of houses so soon as the English were retyred opened their ports and sallied out a thousand and so by help of Multitudes and a sudden shore of rain and a calm the fire was extinguished making some of their Ships unserviceable In which time of Service only one Frygat came out of the Moal which was forced back upon the Shore sunck one of their best men of War being manned with one hundred thirty Turks and twelve Christians whereof twelve onely escaped And took also a Fly-boat which the Pyrates had formerly taken from the Christians which was sold to Leghorn her merchandize to be exchanged for Pyrats goods and some money above two thousand pound Sterling The Turks manned out 3. Gallies to rescue her but were beaten by the help of the 3. Brigandines sent out to her succour Ten daies together the English attended opportunity to send in the Ships with the fire-Works to finish the former service done by the Boats but not a breath of Wind happened fitting for the Work So that in this time the Pyrates had boomed up the Moles with Masts and Raffs and set a double Guard upon all their Shipsâ— planted more Ordnance manned out twenty Boats to guarâ—â—â—he Booms and sent out Gallies and Boats for Intelligence hereof East and West-ward to all Ships abroad not to come in during the English abode which made Mansel retire with all his Ships and Merchants assisting him into the Road of Alegant where he received Order from hence over land to return home and to intrust four of the Kings ships into the hands of Captain Rogers and not long after the Plague and infection possessing his Fleet he was forced to return home without any other assistance The time come and Parliament sit in Ianuary The King enters them thus My Lords and you the Commons CUi multiloquio non de est peccatum In my last Parliament I made long Speeches to the lower House I have piped to you and you have not danced I have mourned and ye have not lamented And wills them to apply it to themselves not to spend long Speches That a Parliament is composed of a Head and a Body the Monarch and Estates first a Monarch then after a Parliament No Parliaments but in Monarchies for in Venice and Netherlands there 's none and Parliaments duties is to treat of Difficulties and to Counsel their King To make Laws for the Common-wealth and the Lower House to petition the King with knowledge of their grievances but not to meddle with the Kings Prerogative They are to supply his necessities and he in recompence distributes his Justice and mercy It is the Kings Office to make good Laws whose fundamental is the peoples ill manners and so at this time new abuses and incroaching Crafts The Religious Laws are enough consisting only of Perswasion and Compulsion and Gods blessing Priests Puritans and Sectaries errours of the right and left hand are forward enough their way Let Bishops be as bold by good examples and preaching but compulsion binds the conscience There is talk of the Match with Spain However he will never proceed but to Gods glory and Subjects content And for their supply of his Necessities tells them of their eighteen years peace and plenty and yet he hath received far less assistance than any King since the Conquest Queen Elizabeth had communibus annis above one hundred thousand pounds a year in subsidies and he had in all his time but four subsidies and six fifteens and it is ten years since he had any that he hath been sparing to trouble them or to spend himself abated in his Houshold in his Navies and Munition changed an old Admiral for a young Man whose honesty and care hath lessned that charge Tells them he is not the Cause of Dissentions in Christendom but rather sent Doncaster to appease them at the charge of three thousand five hundred pounds His Son-in-Law sent indeed for his advice and accepts the Crown three daies after which the King never approved of for three reasons 1. Religion not as the Jesuits to dispose and overthrow Kingdoms but with our Saviour to uphold 2. He was no judge and ignorant of those laws Quis te judicem fecit 3. That he treated a Peace and will not be party yet he left not to preserve his Childrens patrimony and accounts to them his Receipts for that purpose and how disposed He borrowed of his Brother of Denmark 7500.l And of his own added 2500 And sent this to his Son  And to the Princes to hearten them 30000 Total 40000l That had the Princes done their parts his handful of men had not failed and now he must be fain to perswade unless a strong hand assist and purposes to provide a strong Army next Summer and desires them to consider his necessities qui cito bis dat And shews his equity to them in course of Law never obstructing Juâ—gement by message or Sentence Wâ—shes them to consider advance of Trade and why his Mint hath stood still theâ—e nine years confesses his Royal heart liberal in Granâ—s but being informed he will amend any grievance but yet he tells them that who ever hastens after grievances and neglects all other business of greater moment hath the Spirit of Saâ—an for himself will reform any errour and desires
that the world may speak well of their mutual agreeing Thus much in effect the King told them and which prepared their wild resolutions to strike at Prerogative now to undermine it only by quâ—rrelling with the Kings best Ministers and whilest these bandy in the Lower House the King proceeds in his Publick course concerning Germany and forthwith sends the Lord Digâ—y extraordinary to the Emperour for a posiâ—ive answer for rendition of the Palatinate by force or friendship These businesses abroad and expence at home brings him to accompt with his Exchequer where he finds his Exits increased the Incomes and intending the best Husbandry to piece out the expence He changes his Treasurer Mountague for other preferments of honour and profit and puts in Sir Lionel Cranfield upon no other merit saies one but for marrying the Marquesses Kin such Another saies more But I find him of an antient family in Gloucester-shire and being bred a Merchant Adventurer of London and other his extraordinary qualities in that and other Commendable wayes became useful to the State also And first had the honour of Knight-hood then the custody of the Kings Wardrobes afterwards Master of the Court of Wards and Liveries and now Lord Treasurer and created Earl of Middlesex Some busie Barons had gotten together a gang of Discontents of several Titles and framed a petition and their hands to it with this General Title The humble Petition of the Nobility of ENGLAND SHEWETH THat whereas your Majesty by importunity of some natural subjects of England hath conferred upon them Honours Titles and Dignities peculiar to other your Majesties Dominions by which the Nobility of this Realm find themselvs prejudiced Our humble desire is that with your allowance we may challenge and preserve our Birth-rights withont any notice of those Titulars to our Prejudice and to be excused to deny them the respect or place as to Noble men Strangers Seeing that these being our Countrymen born and abide here have yet procured their Translation into foreign names onely to our injury But in this address we meddle not to limit or interprete the power of your Soveraignty being the root whence all Honor receives Sap under what title soever to collate what you please upon whom and how you please The Subsigners were Oxford Essex Warwick Abergaveny Dacres Darcy Sheffield Crâ—mwel Scroop Sturton St. Iohn Paget Dudley Spencer Say The Barons indeed came behind but few Earls had cause so to complain And it was Say I remember well the Ring-leader of all though the last in Ranck and least in prejudice But his prejudice and subtilty steered the way to the rest who having a loose Brother amongst them perhaps many more stole the Copy to the King and betrayed their intentions before it was well-moulded The King wisely sent for them a sunder and roughly told them their Petition was sawcy but ended humbly concluding themselves not to expostulate his power or pleasure which if any of them sought to question they should soon find the effects but the first Man declined it as brought in by the buy and so did the second and third the rest took pattern from their submission and here was an end of that ranting Petition for our Author would enforce belief That the King pulled up his Spirits when he told Essex He feared him not with his fourty thousand men But the Proverb alludes in scorn to the folly of the French Oh the King of France and fourty thousand men and then with more disdam on Essex Hereupon the Commons take example and Petitions are framed as from the people but indicted by the Parliament A custom which the Commons house in those times took up to make business rather than be idle And first they fall upon Patents for Inns Ale-houses Gold and Silver Thread counterfeit pretious matter to spend time being now to quarrel with the Empire The last of them Our Historian saies was of sophisticate materials engrossing all the Trade of that Ages vanity onely in Gold and Silver Lace and so poisonous were the Druggs of the Composition that rotted hands and arms with lameness upon the very work-folks loss of their Eyes and Lives by venome of the vapors that came from it ah abominable un truth The Patron of this Patent was an honourable Lord though led aside by Instruments whom he trusted Indeed a Pragmatick Lawyer whose weakness in that Profession came behind the ordinary Practisers and therefore he got a Privilege and Prerogative to be first heard at the Bar and was nick-named Prerogative Pleader until a witty Judge told him he should have the first Motion but not to be granted at all Sir Giles Mompeson the Patentee for Inns. Sir Francis Michel for Ale-houses two corrupt Justices of the Peace It were wished that they might have been the last of that race But these Patents taking up more time in the Disquisition than their serious business should permit the King rouses the Lords to their Sentence of them with this Speech MY LORDS THE last time I inform'd you the Verity of my Proceedings aâ—d caution in passing these Patents in question by way of Declaration and now to expresse my desire to have your sentence and execution against Mompesson who though he be fled my Proclamation pursued him and shall be as earnest to see your sentence against him executed And tells them his Reasons 1. That there being a Politique Marriage betwixt Him and his people he is in duty to God tyed to the care of good government And had these things been complained of before he would have redressed them sooner Remembring them what he hath often said That no private person should be respected before the publique good not only of the whole Common-weal but even of a particular Corporation that is but a member of it 2. That he intends not to infringe but to satisfie the House Liberties for never any King did so much for them and will doe more and assures them that the Presidents of former good government shall warrant them to him Acknowledging them the Supream Court of Iustice Himself as present by Representation And to add to their Honour he hath made the Prince a member amongst them Professes the love and respect he hath received from the Lower House in their proceedings And always the like from the Lords especially by relation of his son of them all in general and particular and the like he said by One that sits there Buckingham a proof whereof the Earl of Arundel witnessed in his report to them of the privileges of Nobility how earnest he was therein Acknowledges the free gift of this Parliament of two Subsidies and so accepted by him which he will reâ—ribute by a General Pardon at the end of the Parliament and will do somewhat in ease of the people till then As for the Ale-Houses he refers to the Iustices of Peace For the Gold and Silver Thread he damm's
shall chance to be lodged But because the Reader may have better satisfaction of those times and Ecclesiastical policy then towards the Lay-Recusants for such only was it needful to favour the King was so Popishly addicted as our Calumniator would inforce that to the incredible exhaustment of his Treasure he most zealously intreated for refreshment and favour unto all the Protestants in Europe His Crown and Dominions and Denmark excepted The Swedes having lately provoked the Pole had no other hope of Peace those of France for the exercise of their Religion those of the Palatinate and all the neighbouring Protestants the least conveniency to say their prayers but by the Kings Mediation And being advised by the late Assembly of Parliament into this Milky way of Intercession and treaty abroad what a preposterous Argument would it have been to desire those Mighty Princes crowned and victorious to grant clemency to them and for himself to execute poenal Laws against the Papists The English Iesuit in France did design to frustrate this pious indeavour of the King by writing a most malicious Book to the French King inciting him and his three Estates to execute their Statutes upon the Hugonotes as the like they said were here enacted against Catholiques I would therefore advise with the most subtil States-monger to chalk out a way for his Majesty to have mediated for grace to the Protestants by executing at this time the severity of lawes upon the Papist But hat this favour should amount to a Tolleration is a most dull and yet a most divilest construction A Toleration looks forward to the future this favour backward only to offences past and the Lord Keepers letter to the Judges is so to be understood whereby if any Papist by them should be set at liberty and should offend and laws again the Justices may nay must recommit him and leave favour only to the King to whom only belongeth Mercy Nay more let these two writs directed to the Judges be perused by any rash censurors as they were resolved by grave and learned men to whom the King committed the penning and it will appear the Papists were no more out of Prison then with shackles about their heels sufficient Sureties and Recognizances to present themselves at the next Assizes So they being grasped in the custody of law or rather imprisoned still than with any liberty And in truth they were by this tender favour to be reduced into a better behaviour or otherwise upon tryal the King was to recall his writ and leave them to extremity But if a Critique will conclude an Argument from the Devils Topicques a converto ad abstractum from a favour to some well-minded English Catholique reasonably to be distinguished from others what therefore is the King turned Roman Papist whose wise discourses learned Writings pious Exercises Acts of Parliament late Directions for catechising Preaching and all other professions hath manifestly declared himself to all the World an Orthodox resolved Protestant But the Spirits of wisemen are now satisfied that those airy Representations of ungrounded fancies set aside this Island of all the Countreys of Europe was then the sole Nest of Peace and true Religion and the inhabitants most unhappy now that they looked not up to Heaven to give thanks for those mercies then Thus much the King had to do to keep these Men in obedience at home being intent also upon his honour abroad And having yet in this time of Treaty assisted Holland in an open way of Men and Money to ballance them with Spain and Recruits dayly sent over so plentiful that sale was made of our men more than they used The Spanish Lieger took exceptions and that justly that in time of Confederacy Treaty and Union of a Match such partiality was afforded to the Enemies of Spain and no more interest of Confederacy with our King than we with his Master To balance both the King grants freedome alike to his Subjects to be called by Drum to either service when it was evident that only one Regiment went away with the Lord Vaux to re-inforce the Army in Flanders and seaven thousand were carried to Holland Besides it was intended more policy to the one then equality to both to be rid of the Papists which he sayes infected the Kingdome And whilst the Commissioners on both sides argue the Articles the Pope no doubt meddled with Spain in the Matters of Religion proposeable on that part It was prudence in the King to permit an active Man Mr. Gage his own subject though Romish Catholique for in businesses they are not such Bug-bears to be at Rome to pry into the Popes actions and did recommend the affair unto the Cardinals Baâ—dino and Lodeviso as the passages might correspend with disputes and differences in points of opinion Moral and Divine But in his letter to the King of Spain disclaims any Treaty with the Pope or to observe his rules in reference to his Son Was it not an oversight tro you that some better affected Puritan was not put in for an Intelligencer What mad Work such an one made once at the Popes Altar But not to spend Paper to answer such a Cutter of Cummin-seed Digby had express commands Not to wast time with the Spanish Delaies either for dispensation of the Match from Rome or cessation of Arms in the Palatinate Hâ—idleburgh being then besieged and the English Garrisons blocked up Of all which the English Ambassadour Sir Richard Weston at Bruxels disputing with the Inâ—anta had no redress as the Copyes of the Dispatches intend for he was commanded to represent the merits of his Master for sincere proceedings with the Emperour and Spain upon protestation of their Extraordinary respect However the Palatine had deserved That the way is now prâ—pared that the English may have the honour to hold those places which are not in dispute untill the general accomodation without more amuze or further treaty of Cessation and before the whole Couâ—trey be seized or our Treaty ended Refers him to the Dispatches to be furnished with Arguments of unkindnesses there notwithdrawing the Spanish forces but leaving the business to discuss with the Emperour and Bavaria That the Infanta's Answers with Recrimination altogether Minister jealousie of the Emperour and Spaniard if he consent not for if those things be not forthwith remedied the King of England will recal his Ambassadour from Bruxells as an unkindness deserving from the Emperour Not to be interpreted as to reflect upon the intire affection between those two Crowns of Us and Austria being mntually promised That as the King expects his Son in Laws dependance on his advise or to be forsaken so in the same measure it is just for Spain to decline the Emperour And concludes with this honourable Item To carry things fair without cause of distrust if reality be perceived on their part in the Match wherein the King excepts against their dull diligence depending only upon
by the Prince to see the Spanish Train safe at home and to bring back that good News to England This complement had more of business for he carried commands under the Princes hand to Bristol not to deliver the Procuration left in his charge till further Order from England upon the extremest peril to his person It seems the Prince was not then over-earnest in the Match Bristol bounded with this Restriction by which he foresaw the fraction having by agrement ten daies limitted after the Dispensation should come and so time to consider what to do for Clark having no order to return with any answer Bristols actions were by him narrowly observed and advice thereof sent home to the Prince by whose intelligence the jealousie upon Bristol was heightned to crimes almost to his after destruction The fifth of October lands the Prince at Portsmouth and the next day posts to London with unspeakable Love in the Peoples welcome and therefore expressed in feasting and Bonefires with little refreshment he hasteth to Royston the Kings usual abode for the air in Autumn who receiving the particular and just accompt of the Devices of Spain and communicated to the Council it was concluded to acquaint a Parliament with all the proceedings which was resolved with speed February following Then Letters were sent to the Earl of Bristol intimating the true sense in the King and his Council of the Spanish Forms and delaies which the Wisdom of the Prince by his own presence and conversation discovered most abusive But to meet in the jusling and yet to bring theirs to maturity He was to suspend the Proxie till Christmass though the Dispensation should come the power mentioned in the Procuration being no longer of force the Execution after that time would prove invalid and because the honour of England shall be preserved throughout he was to review his former Instructions concerning the Restitution of the Palatinate and his Son-in-Laws Electoral Dignity and to presse them as inherent with the Marriage But all these Items he was to reserve to himself without discovery untill the Dispensation should set those Demands on foot Bristol bound up by this Express durst not break out the least limits to discover his own dislike to his Overlookers Aston and Clark but in publick set out the Preparations of England in more expensive proportion than those Provisions of Spain for accomplishing so glorious a Marriage which put the Spaniard into a firm opinion how powerfully he had captivated the English credulity That the Ambassadour for Poland then at Madrid Seeing the Corrival of his Masters Son had got assurance of his Mistress took leave of his woing and went home with the Willow Garland For now the Dispensation come Bone-fires and Bells-jangling were signals through Spain of the mutual joy of Prince and people And few daies after the Marriage was prefixt with all possible preparations of State and Solemnity both for the present dependance and future reference even to the Ordering of her voyage to England in March after When in the interim fresh commands confirming the former by several Expresses for failing Bristol opens to King Philip his Masters resolutions That having with vast expence and inâ—inite patience expected the effects of his just desires with hazard of the Prince his Person to consummate his part in the Treaty that nothing might lodge upon the King of Englands honour so highly preserved with all Potâ—ntates of Europe and therefore unless the Restitution of the Palaâ—inate and the Electoral Dignity were included the Treaty of Mariage was 〈◊〉 to take end The King troubled to be over-reached and to see it without remedy fairly answered That those Demands were not in his power to effect the one unâ—â—â— the command of the Emperour the other in possession of the Duke of Bavaria and if those could not be reduced with reason he would with Arms asist the Kings part against them or others in that behalf And not long after the Spaniard taking it in earnest and Bristol having no motion to any further address had order in honour to the King of Spain to expect no more audience nor to send conveyance of any more Letters to the Infanta and by publick command none should call her hereafter Princess of England as in honor to the Match they had usually stiled her and Bristol prepared to return home The twelfth of February the Duke of Richmond dyed that morning being found dead by his Dutchess whom she left slumbering as she thought somewhat early when she arose and therefore forbore his disquiet until the late hour seemed necessary to call him up to the Parliament but gently withdrawing the Curtains he was found dead without the least Symptomes of any warning to shew distemper in his body This sudden amazement to all caused the King instantly to adjourn the meeting till the 19. day after Various conceipts were rumoured of his hasty end which according to the peoples fancies suffered several conjectures some attributing his death to an Apoplexie to a Surfeit to Poyson which served saies one as a forerunner to the King for he will have him impoisoned also The Parliament meet at the day assigned and the King greets them In effect thus That to justify himself and willingness with frequency to advise with his people He urges it by way of Parable in Christ and his Church so he saies as Husband to them his Spouse the effects of communion with Man and Wife is often visiting each other There being two waies of Love in a King and his people ordinary and particular administration of Iustice and by communicating with his Parliament For the first that his Government hath been without errour he cannot say but does truly avouch it before God and his Angels that never King governed with more pure sincere and uncorrupt heart from intention and meaning of Error or imperfection in his Reign The other part he imparts as a secret importance to his estate and children These waies as they procure love of his People and of them he acknowledges the effect whom the Parliament represents so he desires That they would effectually present the Peoples Loves to him as a true Mirrour not as a false Glass otherwise than it should be In a word he falls upon the Matter The match of his Sonne wherein they cannot but know his time spent his cost His Reasons Advancement of his Estate and Children and peace of Christendome depending too much upon fair hopes and promises with the necessary hazard of his Son to prosecute his desires in Spain and with him Buckingham to wait his Commands who are returned not with such effect as was desired nor altogether without profit For it took forth a point of Wisdome Qui versatur in universalibus c. is easily deceived the Generals affording others ways to evade and means to avoid effects The particulars too many for him to relate he refers them to the Prince