Sir William Hart then Lord chief Iustice in Scotland and principal in all the Acts of Judicature herein And first Sprot confesseth that Robert Logane late of Râ—stalrig was privy and foreknowing of Iohn late Earl of Gowry's treasonable conspiracy That divers Letters were interchanged betwixt them therein Iuly 1600. which Letter Iames Bour called Laird Bour Servitour to Restalrig imployed by them and privy to all had in keeping and shewed them to Sprot in Fast-castle That Sprot was present when Bour after five days absence returned with answers by Letters from Gowry and staid all night with Restalrig at Gunnesgreen and rode the next morn to Lothian where he staid six days then to Fast-castle where he abode a short space That Sprot saw and heard Restalrig reade those Letters to Bour and all their conference there annent who said Though he should lose all in the world yet he would pass through with Gowry for that would as well content him as the Kingdom That Sprot himself entered into conference with Boâ—r therein who feared that it would be dear to him and prayed Sprot for Gods sake not to intermeddle for he feared within few days the Laird would be landless and liveless That he had these Letters of Restalrig and Gowry which Bour had in keeping and were copied out by Sprot and that the original Letters were in his Chest when he was taken into Custody These and other depositions written by Iames Primrose Clerk of the Kings Council and subscribed George Sprot Present Earl Dunbar Earl Lothian Bishop of Roâ—s Lord Schone Lord Hallyrood-house Lord Blantire Sir William Hart Lord chief Justice Iohn Hall Patrick Gallow ay Peter Hewet Minister of Edenburgh and subscribed with all their hands Several other Examinations are attested under his hand with this Protestation That being resolved to die and hopes to be participant of Heaven upon Salvation or Damnation of his Soul that all that he had deposed were true in every point and circumstance and no untruth in them August 12. Sprot was presented in Iudgment upon Pannel in the Talboth of Edenburgh before Sir William Hart Lord chief Justice assisted with these persons Alexander Earl of Dunferling Lord Chancellour George Earl of Dunbar Lord Treasurer Iohn Arch-Bishop of Glasco David Bishop of Rosse Bishop of Galloway Bishop of Brechin Earl of Crawford Earl of Lotharine Lord Abernethe Lord Balmerinoth Lord Blantire Lord Burly Sir Richard Cowburn Iohn Preston Colonel General Sir Iohn Skew Register He was pursued by Sir Thomas Hamilton Knight Advocate to the King for Enteries of the Crimes contained in his Indictments as followeth George Sprot Notary in Aymouth You are indicted and accused for as much as Iohn sometime Earl of Gowry having most treasonably conspired in the moneth of Iuly 1600. to murder our gracious Sovereign the Kings most Excellent Majesty and having imparted that devilish purpose to Robert Logame of Restalrig who allowed of the same and most willingly to be partaker thereof the same coming to your knowledg at the times and in the manner particularly after mentioned you most maliciously and treasonably concealed the same and was art and part thereof And first in the moneth of Iuly 1600. after you had perceived and known that divers Letters and Messages had past betwixt the said Iohn Earl Gowry and the said Robert Logame of Restalrig you being in the house of Fast-castle you saw and read a Letter written by the said Restalrig with his own hand to the said Earl Gowry MY Lord c. At the receit of your Letter I am so confuted that I can neither utter my joy nor finde my self able to requite your Lordship with due thanks and be your Lordship assured that in that matter I shall be as forward for your Honour as if it were my own cause and I think there is no Christian that would not revenge that Machiavilian Massacring of our dear Friends though with hazard of Life and Lands and all My heart can binde me to take part in that matter as your Lordship shall finde proof But one thing your Lordship must be circumspect and earnest with your Brother that he be not rash in any Speeches touching the purpose of Padua And a certain space after the execution of the said Treason the said Logame having desired the Laird of Bour to deliver to him the said Letter or else to burn it and Bour having delivered to you all Tickets and Letters which he then had either concerning Restalrig or others to sue them because he could not reade you abstracted them and retain'd the said Writings in your own hands and divers times read them containing further viz. MY Lord you may easily understand that such a purpose cannot be done as your Lordship intendeth rashly but with deliberation And for my self it were meet to have the men your Lordship spake of ready in a Boat or Bark and address them as if they were taking pleasure on the Sea in such fair Summer time And for your Lordship either to come to my house Fast-castle by Sea or to send your Brother I shall have the House very quiet and well provided after your Lordships advertisement and none shall have access to haunt the place during your abode here And if your Lordship doubt of safe landing I shall provide all such necessaries as may serve for your arrival within a flight-shoot of the House and perswade your self to be as quiet here while we have settled our Plot as if in your Chamber for I trust and am assured we shall have word from them your Lordship knows of within few days for I have a care to see what Ships come by Your Lordship knows I have kept up Lord Bothwell in my house quietly in his greatest extremities in spite of King and Council I hope if all things come to pass as I trust they shall to have both your Lordships at a good Dinner ere I die Haec jocose To animate your Lordship I doubt not all will be well for I am resolved thereof doubt nothing on my part Peril of Life Lands Honour and Goods yea the hazard of Hell shall not affray me from that yea though the Scaffold were already set up The sooner the matter were done the better for the Kings Buck-hunting will be shortly and I hope it will prepare some dainty chear for us to live the next year I remember well that merry sport which your Lordships Brother told me of a Noble-man at Padua for I think that a Parasceue to this purpose My Lord think nothing that I commâ—t that secret hereof to this Bearer for I dare not onely venture my Life Lands Honour and all upon his credit but I durst hazard my Soul in his keeping I am so perswaded of his fidelity And I trow ask him if it be not true he will go to Hell gates for me and he is not begâ—iled on my part to him and therefore I am perswaded this will give him
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
began his Rants applying all his Wit and Cunning of either he had sufficient to his own private discontent and ambition and under the goodly pretence of Religion had raked together such a rabble of the mad-headed Ministery countenanced also by the Duke Castle-herault that the whole Kingdom feared the disquiet The Queen of England might well as she did take compassion hereat two young couples her kindred and Successors having much to do to qualifie the twenty years custome of a turbulent people not to have a King till now and willing indeed to have none at all For Hamilton and Murray presuming of favour from England take arms but were so hotly persued by the King that they fled into England and were there covertly protected but might have been more openly by the same rule that some English fugitives had been received in Scotland as Taxley Standen and Welch besides Oneal out of Ireland All this was disputed by Ambassie from England of one Tanworth a Courtier to whom the Queen of Scots did not vouchsafe her presence her refusing to call her Husband King Thus stood the State of the Affairs in Scotland whilst the Queen conceived with Child and as if blessed in the peace of this Issue what she could never enjoy in her life she afterwards brought forth her only Son Iames the sixth a Peace-maker to all Our World in Iune 1566. But because the Religion as they call it is much concerned in all the troubles of that Kingdom as a defensive faction taken up at all times to mannage other Designs and Interests Give me leave to tell you their Story intermixing the affairs of State and other concernments of their contemporaries Wherein you shall find their pretended sanction from a Rule of Conscience to be an Instrumental of State from a pretence of Knowledge to be a very practice of Ambition Nor will it I hope repent the Reader the tedious Story for though Truth appears in Ordine Doctrinae yet never more fully than when we search the Original Veins thereof by the Increase Depravations and Decaies in Ordine Temporum And so we proceed to the History of their Church and State and the Contemporary Actions intervening with England and France and other Neighbour Nations The Life and Death of MARY Queen of SCOTLAND KIng Iames the fifth dying of discontent more than disease the 13. of December 1542. in the 33. year of his age and 32. of his reign left his Crown to an only Daughter Mary at six daies old as she did afterwards to her Son born a King Fatal sufferings to a people to be Subjects to young Soveraigns And this Succession was put into a Will patcht up by the Cardinal David Beaton and clapt into the Kings hand to sign The Government of the Kingdom for the present was intrusted unto the Queen Mother a wise and virtuous Princess of the House of Lorain And though she might as yet be ignorant of the Actions of State in this short time of her experience in Scotland but 4. years yet the Nobles dissenting factions agreed the rather herein to accept of her Each party presuming to work their ends the better out of her Ignorance The people were religiously divided in Opinions Romish and Reformed which had put the late King upon extremity of Iustice against the Separatists as they then were stil'd indeed Dissenting among themselves but afterwards Congregating and Covenanting gave them other Names But in their several Professions sundry persons suffered Imprisonment Life or loss of all The Scots derive their Christanity from the disciples of S. Iohn their Patronage of St. Andrew and the propagation thereof not from Rome I dare say noâ— indeed they will have it from their own Plantations in Germany where increasing Christianity the persecution of Domitian drove them home again into Scotland And so they utterly refuse to have any thing to do with Rome by means of Victor that held that See as others will have it But they confess That Celestine Bishop of Rome sent learned Palladius to convince the Heresie of Pelagius a welchman born and bred up in the Monastery of Banghor then overspreading that Nation And after his good success therein brought in say they Prelate Bishops having had by their favour Priests and Moncks long before and thereafter all kind of Romish Orders Nay Boniface the eighth making use of the complaint of the Scoâ—ish Clergy against King Edward of England cruelly afflicting them and also of the resignation of the people to the See of Rome The Pope thereby claims right to that Crown writes to Edward and malapertly Bids him not meddle with his Vassalls and Subjects But after too much lording of the Romish Clâ—rgy and the great Schism at Rome Pope against Pope three at one time Some men began openly to discover them to the world As Wickliff in England Iohn Hus and Ierome in Bohemia the Scots will have of theirs too Iames Resby and Paul Craw who indeed were but their Pupils that quarrell'd with their Arch-bishop of Saint Andrews and so began their fray So that the Scots reckon themselves happy without Bishops till Palladius from him to Malcolm from him to Patrick Graham their first Arch-Bishop who came in with that title to the dislike of all the Bishops The inferiour Clergy could not brook the strict authority of him and so by them and the Courâ—iers too boot Graham lost that Title And one Blacater traces his Steps and procures himself Archbishop also then followed Beaton and he brought in the Cardinals Cap and all these in opposition each of other which gave occasion to sundry men to publish these discontents together with some Corruptions of the Church not unlikely to make a rent And therefore the Pope sent unto Iames the fourth a Sword and Title Protector of the Faith and not long after his gifts were cheap unto Henry the eighth of England a Sword and Title Defender of the Faith I find the Scots had some Martyrs who begun their Reformation with private opinions Resby suffered anno 1422. Paul Craw 1431. In 1494. about 30. persons men and women called Lollards from one Lollard a Schismatick indeed not as the Fryer discanteth Quasi Lolium in area Domini And these put their Articles 34 in writing The first Protestation that we read of amongst them being in the year 1527. then suffered Patrick Hamilton of the Antient Family and so forwards many more The Northern Martyrs had repute of constancy in sufferings beyond others Which gives occasion to discuss the reason for it was observed That the people of this Isle exceed in zeal of profession and are called in Italian Pichia Pelli or Knock-breasts Hypocrites So are they naturally better qualified with courage in extremities of sufferings and therefore accounted most valiant in respect of the Climate the Heart furnished with plenty of Blood to sustain sodain defects is not so soon
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
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
Brethren in Scotland that they should be enforced also to conform to the utter destruction of their Sion there To qualifie this News another Proclamation comes out in September after against such calumnious surmises That the King will not alter that Form of Government proper for their constitution without Counsel there and so refers mens â—xpectation to the general Assembly to meet at Dundee in Scotland in July after It was usual with the Presbyters in Scotland to have a general Assembly once a year and oftner pro re nata upon any urgent occasion The last was a little before the Kings coming hither 1602. And the next this appointed at Aberdene this year and therefore then adjourns that Meeting unto which he especially had an eye as mistrusting their ill humors to this Summer 1604. And now also prorogues it to a longer day by Proclamation in Scotland Notwithstanding thirteen of them convene at Aberdene and in spite of the Council Authority they formallized their Judicature by constituting a Moderator a Clerk and other essential Members The Privy Council there send a Messenger accompanied with a Herald of Arms to discharge and dissolve their Meeting These holy Fathers in this Sanhedrim protested They would not nor could give way to the Kings sacrilegious power usurped which properly belonged to the Church virtual the Assembly and so sat still till they pleased and after appointed a day for the next Assembly The King hears of this and commands them to be cited and punished These men undanted appear with a Protestation a Declination from the Kings Council and appeal to their own next General Assembly as the sole and competent Judg and were therefore pursued criminally before their Lord Iustice General upon the Act of Parliament 1584. for Treason Some of them acknowledged their fault the rest Zelots were convict ad terrorem and banished and after upon submission were restored to better Benefices The excellent Acts and Laws in this Session prorogâ—ed to the fifth of November I finde our voluminous Historian passes over excepting against their number too tedious for his brevity being unwilling to mention any thing of so much honour to the King though he can waste time and paper to tell you that the blessing of his Initiation Peace and Plenty brought idle people to Luxury Roaring-boys Bravadoes Roisters and makes it a fault in the King that he breeds his People no better The Parliament began the 19. of March 1603. and continued untill the 7. of Iuly 1604. and then prorogued unto the 7. of February In this Parliament they made a Recognition of the lawfull descending of the Crown to the King his Progeny and Posterity Commissioners of England and Scotland for to treat of the Union That no Bishop should assure Lands to the King Former Statutes against Recusants to be executed Divers other Statutes concerning the City and several Towns Corporate as also other Statutes for the good of the Land And conclude with a Subsidy of Tunnage and Poundage of Wools c. The Kings second Son Charls heretofore in Scotland created Duke of Albany Marquess of Ormond Count Ross and Lord of Ardmannoth is now this year created Duke of York by the girding of the Sword Cap and Circlet of Gold put upon his Head and golden Verge into his Hand to him and his Heirs males for ever with the Fee of fourty pounds per annum out of the issue and profits of that County He is made by Patent and witnessed by all the Lords of the Privy Council and other Peers of the Realm at Westminster the 6. of Ianuary 2. Iac. 1604. K. Edw. 3. by his Charter created Edward his eldest Son the black Prince Duke of Cornwall cum feodo to him and his Heirs the first begotten Sons and Dukes of the same place so that he that is hereditable Duke of Cornwall is Dux natus non creatus and the first day of his birth is in Law presumed to be of full age and may sue out his Livery as at one and twenty years and this was the first Duke in England the reason may be because the Norman Kings themselves were Dukes of Normandy for a long time they adorned none with this Honour of Duke The Papists had very evil success in all their Designs heretofore against Queen Elizabeth and her Religion and were somewhat quieted in hopes that the Kings reception hither might prove troublesom and so proper for them to work in such waters but the Kings late Speech was desperately understood for they being denied Toleration plot his and the whole States destruction by blowing up all in the House of Parliament A story so horrid and therefore so necessary to be communicated to the memorial of our Childrens Children The Parliament having been twice prorogued already in regard of the Seasons of the year and the Terms The time drawing near their Sitting upon Saturday ten days before about seven of the clock at night a Letter sealed was delivered by an unknown Fellow unto a Foot-man of the Lord Mounteagle Son and Heir to the Lord Morley charging him to give it to his Lords own hands who opening the same found it without Date or Subscription and in Letters not easily legible and the matter to him less intelligible but as God would have it he in this doubt repairs herewith to the Earl of Salisbury principal Secretary of State who also in some doubt of the construction the King being absent in his return from Roiston they acquainted the Lord Chamberlain the Earl of Suâ—folk herewith and after consultation they joyned the Lord Admiral the Earls of Worcester and Northampton but stayed all manner of proceeding untill the Kings coming Thursday night next after Salisbury shews it him The Letter was MY Lord out of the love I bear to some of your Friends I have a care of your preservation therefore I would advise you as you tender your Life to devise some Excuse to shift off your attendance this Parliament for God and Man have concurred to punish the wickedness of this Time And think not slightly of this Advertisement but retire your self into your Countrey where you may expect the event in safety for though there be no appearance of any sâ—ir yet I say they shall receive a terrible Blow this Parliament and yet they shall not see who hurts them This counsel is not to be contemned because it may do you good and can do you no harm for the danger is past so soon as you have burnt the Letter and I hope God will give you the grace to make good use of it to whose holy protection I commend you The King conceived the Letter not to be contemned the stile quick and pithy not usual with Libells and judged the words terrible Blow this Parliament and not see who hurts them to be meant by Gun-pouder joyning thereto the other words For the danger is past so soon as you have burnt the Letter
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
This Redemption I crave not as to my own person but with your benesits once given nor do I assume them very deep for I have voluntarily departed from the hopes of my Pension Place Office I onely cleave to that which is so little as that it will suffer no paring or diminution And as in my former Letters so by this I humbly crave of your Majesty not to let the practices of Court work upon your Son the Prince not fearing the sufferance of my loss in that particular so much for I cannot lose it but willingly all with it as for to take off the stage that which in the attempt may prove inconvenient And consider I pray your Majesty that my hope in desiring to pass these bad times was to be restored to my fortunes others are made unhappy by me if otherwise and then I lose my end I speak of impairing of changing or supplying as of any other way all such alterations and ruine are alike without I be worthy of your gift and that I can be worthy of all that Law can permit you to give or cast upon your Majesty by a more nearer Title as it doth by this I shall account them equal evils that leave nothing or a patched and proportioned one changed or translated from one thing to another But if your Majesty have any respects to move you to suspend your good towards me let that which is mine rest in your own hands till that you finde all opposite humours conformed to your purpose I have done wrong to my self thus to entertain such a doubt of your Majesty but the unrelenting of adversaries which when you will have them will sooner alter and that all this while I have received nothing of present notice for direction or to comfort me from your Majesty hath made me to expostulate with my self thus hardly for God is my Iudg Sir I can never be worthy to be if I have these marks put upon me of a Traitor as that tumbling and disordering of that estate would declare the divorce from your presence laies too much upon me and this would upon both I will say no further neither in that which your Majesty doubted my aptness to fall into for my cause nor my confidence is not in that distress as for to use that mean of intercession nor of any thing besides but to remember your Majesty that I am the workmanship of your hands and bear your stamp deeply imprinted in all the characters of favour that I was the first Plant ingrafted by your Majesties hand in this place therefore not to be unrootod by the same hand lest it should taint all the same kinde with the touch of that fatalness and that I was even the Son of a Father whose Services are registred in the first Honours and impressions I took of your Majesties favour and laid there as a Foundation-stone of that building These and your Majesties goodness for to receive them is that I rely upon praying for your Majesties prosperity I am in all humbleness Your Majesties loyal Servant and Creature R. Somerset I should not trouble you with the Marriage of the Lady Arabella Stuart and Sir William St Maure or Seymer both of kin to the Crown she by the Earl of Lenox in Scotland as I have before said 1577. and he Grandchilde to the third Son and the Heir of the Earl of Hartford created by Henry 8. whose Sister he married 1537. and by Edward 6. made Duke of Somerset and his Protector who stiled himself Edward by the grace of God Duke of Somerset Earl of Hartford Viscount Beauchamp Lord Seymer Uncle to the Kings Highness of England Governour of the Kings Person Protector of all his Realms Dominions and Subjects Lieutenant General of his Majesties Armies both by Sea and Land Lord high Treasurer and Earl Marshal of England Governour of the Isles of Gernsey and Jersey and Knight of the most honourable Order of the Garter and bears Gules two Wings conjoyned in Fess Or. Yet all these Honours rather helped him forwards to hop headless for Felony His third Son Edward was restored to the Earldom I Eliz. and this William his Heir And thus near the Crown in all Sovereignties are needfull to be narrowly lookt into for Marriage Queen Elizabeth did so at a farther distance of danger and her Father made it Treason in his time I say I should forbear more mention but that our Detractor begins at her Death in the Tower where she was imprisoned though her Husband escaped and says That it set mens tongues and fears a work that she went the same way having almost in his last words before told the story of Overbury impoysoned in the Tower by which he now enforces belief That her Death was so done for the Kings interest when in truth she died a year before in September 1615. There happened occasion at Common Pleas to dispute the Kings power in Commendams The Church being void and in his gift whether he might give a Commendam to a Bishop either before or after his Consecration during life or for years It was argued by Serjeant Chibborn against the King That the translation of Bishops was against the Common Law his Text was the Canons of the Council of Sardis That the King had no power to grant Commendams but necessitate That there would be no necessity because no need of augmentation of Livings No man being bound to be more hospitable than his means afforded And much more argument tending to overthrow the Kings Prerogative in cases of Commendams This case was to be farther argued in the Kings absence by all the Judges which he thought to protract untill they consulted with him and so commanded his Attourney General to signifie by Letters his pleasure to all the Judges The Judges notwithstanding at the day argue the Case and return answer by Letter to the King That they held those Letters to be contrary to Law and such as they could not obey by Oath and therefore had proceeded at the day appointed setting down the Case to be upon construction of two Acts of Parliament 25 Edward 3. and of 25 Henry 8. and now between Subjects for private interest and Inheritance That their Oath is That in case any Letter come to them contrary to Law they are not to obey them but to proceed to Iustice. And so they did the last Term 27. April 1616. The Judges subsign Cook Hobert Tansield Warburton Snâ—g Altham Bromley Crook Winch Dodderidg Nicols and Houghton The King returns them answer by Letter Reporting himself to their own knowledg his princely care for justice to be duly administred to his Subjects with all expedition and how far he was from crossing or delaying the interests of private persons But on the other side where the case concerned the high Powers and Prerogatives of his Crown he would not indure to have them wounded through the sides of a private person admonishing them of an
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
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
common not mistrusting discovery from any of their own Yet it pleased God in mercy to put it into the Mind of an Indian servant to one Pace to discover it to him overnight who first securing his own Habitation with all possible speed gave waruing to each Plantation by several intelligence and saved the rest but in the fury three hundred fourty seven were slain And since that time the English are more wary to guard their houses And as the best Maxim in policy to separate the conjunct affections of their Indian Kings to make themselves the more secure It was the Spanish policy that got them the two rich Kingdomes of Peru and Mexico in America for the two heirs Brothers Attapalippa and Gasco quarrelling for the Kingdom each striving to gain the Spaniard to friend Francis Pizacro managing their differences for his own ends stripped them both of Peru. So did Fâ—rdinando Cortes vanquish Matezumo and got Mexico by the Neighbour Friendship of the Province of Tascala deadly Enemies for which service that Province is freed from Tax for ever So did the Romans advantage overcome Great Brittain as Tacitus sayes Ita dum singuli pugnant universi vincuntur And Iustin hath the same with the Grecian Cities And hereupon King Iames furnished these Plantations with ammunition and arms out of his own store-house at the Tower at his charge There were likewise shipped unto Summer Islands so named from the first sinder and Planter Sir George Summers alias Burmudoes above a thousand persons and nine Ships to transport them and to trade who have since so increased that they are forced to fly to the Main for elbow-room see before anno 1614. Page 400. The King and Parliament asunder it was resolved with his Councellours to speed Digby into Spain Extraordinary to proceed in the Treaty of the Match Sir Francis Cottington Lieger there form whom Digby had knowledge of that Kings Progresse towards the North of Spain to Lerma a Town in Biscay whether the Duke thereof a sublime Favourite had invited the King to his Princely New Pallace which might save Digby the trouble and discommodity of riding many leagues to Madrid to meet there though it is to be understood by those that know that the Court and Council and State of Spain are said to be alwaies residing in Madrid in New Castile for receiving Ambassadours and making dispatches yet the amity of Digby with that Council hoped now to alter that Custome in favour of this urgent affair and him And therefore lands as the time and weather would afford the neerest Port Saint Andrews in Biscay there he stayes sends his Secretary to Madrid to signify to Cottington his arrival and reason for resting there as yet intimating that if he could surprize the King at Burgos or Lerma so far neerer his return home might there also hasten his dispatch upon that so reasonable consideration The King in complement told Cottington That he hoped the Ambassadours business was of more weight than to be taken up in the road where it became not his Majesty to return him back to his Master without entertainment of the Court of Spain But Digby understood this as State formality and pressing his own conveniency was at last ordered to have audience at Lerma whereupon Digby might say without merit of a scoff That it was the first President of honour to an English Ambassador and to his person a particular favour And so he sest forward to Burgos where Cottington meets him whom he returns back twenty miles to Lerma upon serious affair to prepare some of the Council with such interests as were intrusted besides his sealed Commission resolving himself to follow at the heels with surprize rather than Ceremony Yet the Kings Coaches came to wait on him neer Lerma unto Villa Mansa where he reposed till the Conde de Salazera Maior-Domo one of the Kings Stewards the Conde de Villa Madena Correjo Major or Chief Post-Master and the Viscount Toriza accompanied with several attendants conducted the Ambassadour to Court Thus far and in truth was the passages of Digbyes Reception which our Author abuses with base absurdities Abbot Arch-bishop of Canterbury aiming with a Cross-bow at a Deer in Bramzel park killed his Gamekeeper with the Arrow for which act having his hand in blood he is by Common-Law to forfeit all his estate and by the Cannon-Law irregular ipso facto and to be suspended from all Ecclesiastical function until he be restored This troubled the King what to do Not to add to his affliction and to leave virum Sanguinum Primate and Patriarch of all his Churches â—ounds harsh to the old Councells and Cannons upon either the Papists would descant and therefore it was referred to the Lord Keeper Williams five Bishops the two Chief Iustices and two Civil Lawyers who certifie so much and so he not being received into the full use of the Ministery himself forebore the Council Table as he told me in these words Since they will have it so that I am incapable of the one I shall spare my self the trouble of the other But he enjoyed the benefit of that See whilest he lived Much displeased he was I well remember with the Court and Clergy for Doctor Lawd refused consecration of St. David by his hand being tainted with blood but the Other was quit with him for underhand he caused it to be burited abroad That Lawd was by Puritans reputed a Papist in Oxford And to justifie that his function was not weakned by that Mischance he procured Commission to inquire Whether casual homicide was not excepted in the Cannon In which he was satisfied that it was not and so retired from his Magnificent Structure his Almes-house at Guilford to his Palace at Lambeth where the air of the Court breathing so neer and yet at this little distance he not admitted there he fell upon down right Puritan Tenents which gave occasion to many discontents of our Church and State to visit him then so frequent that they called themselves Nicodemites and his Disciples And I observed very often perhaps therefore that the Arch-bishop constantly with candle-light in his Chamber and Study made it midnight at Noon-day And here he began to be the first Man of Eminency in Our Church a Ring-leader of that Faction for I can name those then his private Disciples which lately appear desperate Proselytes The Tenents of Arminianism which the King feared had infected the Pulpit with so much heat that it inflamed each opponent so that to Suppress the danger of the one and to regulate the disorder of the other both offensive to the State the Arch-bishop of Canterbury had letters to settle their sick brains to this effect The Kings Letter to the Arch-bishop Most Reverend Father in God right trusty and intirely beloved Counsellour we greet you well That the extravagancies of Preachers in the Pulpit have been reformed in the Realm by some Act or Council of
Hist. Gr. Brit. p. 10. Arch Bishop Whitgift dies The Translation of the Scriptures Gen. 19. Isay 29. Psalm 48. Psalms translated Catechizing commended Hist. of the World pag. 249. Gowries aniversarie day celebrated See 1600. 1608. Hist. gr Br. pa. 12. Comotion of some Commoners Parliaments beginnings Jury were Judges so Lilburn pleaded Parliament of King and Barons onely The Commons taken into Parliament Of the Parliament of England The writ to summon the Peers The writ to summon the Knights and Burgesses Oath of Alleageance Of Supremacy Ecclesiastical matters Lords Privileges Lower House Harmony of all King Queen and Prince ride in triumph First Session of Parliament The Kings speech in Parliament abreviated 2 3. Peace and Unity in Religion and Manners Union with Scotland intended Ambassadours for Peace Co and ch pa. Proclamation to conformity in Church-discipline Assembly of the Church in Scotland in spite of the King Hist. Gr. Brit. p. 27. The Kings second Son Charls created Duke of York Pouder Treason Pouder Treason the story Anno 1605. Fauks his Confâ—ssion of the Design Th. Winter's Confession of the Plot discovery and success The story pâ—t together in brief Second Session of Parliament Three intire subsidies and six fifteens Several Acts. The effect of the Oath of Alleageance Taken by Papists The Popes Bull against the Oath The Kings Apologie and Preface to take the oath Justified by forein Princes Jesuits divide the English into four sects Their opinion refuted See before anno pa. 1542. pa. 9 And Imprisonment as bad Best Counsel to convince them by Preaching Anno 1606. Leptons 〈◊〉 to York 〈◊〉 back King of Dâ—â—mark land◠〈◊〉 Graves-end Princes forâ—â—â—â— their liberties by coming into another Kingdom without leave The Earls of Northumberland and other Lords confederates in the Pouder Treason are committed Of the Star-Chamber beginning and ending The Letter Anno 1607. The union argued The Kings Speech in answer to their Arguments Post-nati confirmed H. G. Bâ— pag 41. Judg Nichols his true justice Gâ—ntry flock to London Proclamation in restraint of new buildings unless of Brick Anno 1608. Hist. Gr. Bâ—it p. 49. L. Treasurer Dorset dies George Spâ—ot a Conspirator with Gowry his story and execution His Coâ—fessions His Trial. Restalrig's Letter to Gowry and after the Treason Other Letters to Gowry as also his 〈…〉 Confesseth the Indictment Jurors names Verdict Sentenced as a Traitor Executed A marvellous sign of guilt Abbot Bishop of Canterbury being present History of the Church of Scotland p. 509. The Kings disbursments already 60000 l. 19000. 17428. 11000. 107428. The Scotish Secretary Balmerino's treacherous Letter to the Pope The occasion 1609. He is sent pâ—isoner to be tryed in Scotland His indictment His confession And sentence Anno 1609. Is reprieved and dies King James a mercifull Prince and restores his son in blood And he a traytor also to King Charles is also pardoned And proves an ungratefull wretch to his blessed Master The Bishops in Scotland inlarged their power Scots Bishops consecrated in England Who ordain others at home Council Table ordered The Earl of Orkney committed High commission-Court The Session seek for grievances Hist Gâ— Bâ— ubique The Kings Speech to both Houses Of his Government Common Law and Civil Prohibitiâ—â—â— 2. Grievancâ—â— how to present them Not to meddle with his Office High Commission 3. The cause of calling the Parliament The quality how to give The quantity His expences Reasons for his liberality Conclusion 1. Religion The Common-wealth Proclâ—mation against â—ncrease of buildings about London Truce between Spain and the Netherlands Siege of Juliers Duke of Guelders and Juliers c. his descent last of the race The Netherlands sometime subjects to Spain Henry the fourth King of France stab'd 60000 l. Parliament dissolved Henry created Prince of Wales their dignities See before Knights Bachelors Anno 1603. Ayd mony H. Gr. Br. pa. 52. False suggestions to be impoysoned Court and ch of King James pa. 84. Hist Gr. Br. pa. 52. Nearer Intention for Prince Henry to match with Spain See after anno 1624. Papists persecuted by Pens Chelsey Coledge founded and why H. Gr. Br. pa. 53. The Kings favorite Mountgomery Hist. Gr. Brit. p. 54. See 1612. Masks and Comedies at Court H. G. Br. pa. 54. Discussed Our Adversary a Poet and play-maker Contribution-money 111046. l Suttons Hospitall founded Absurd Excommunication and unchristian in Scotland The three Earls revolt So was Padie Paulo Popisâ—ly excommunicated Earl of Eglington illegally adopts an Heir to his Honors Arminius Vorstius their Heresies Vorstius his blasphemous Books The Kings message to the States Arminius The States Answer Further accusations And proceedings therein Bookes of Vorstius Heresies The King writes again against them all Vorstius is preferred Professor of Divinity Sir R. Winwoods speech concerning Vorstius His Tenenâ—s Pag. 210 212. 232 237. 308. 441. 271. Pa. 38. 43. Cap. 16. Pa. 999. Conclusion And Protestation States Answer The Kings Declaration against Vorstius See more in the Kings works And against his Bookes Legat and Whithman burnt for Herâ—sie Legats Heresies Whitemans Heresies Adamites Incests Waldâ—nses â—in 〈◊〉 Anno 1612. I may be câ—nsured by some Robert Carr a favorite Hist. Gr. Br. pa. 55. Queen Mary of Scotland her corps inteâ—red at Westminster Anno 1586. Hist Gr. Br. pa. 62. Prince Palatine a suitor to Princess Elizabeth Prince Henryes sickness and death vindicated Hist Gr. Br. pa. 72. Lunary Rainbow His Corps viewed Interred at Westminster His character False suspition of poyson Hist. G. Br. pa. 64. Prince Palatine mâ—ried to Pâ—incâ—ss Elizabeth â—a 65. Sanquair a Scotish Baron hanged for murther Treasurer Salisbury dies His Fatâ—ers descent And preferments Earl of Salisburies preferments His Merits Court and ch King James pa. 12 13. Hist. Gr. Br. pa. .76 Court of Wards how erected and established Court of Wards how erected and established His Offices disposed to others Suffolk Lord Treasurer Rochester Chamberlain Sir W. Cope Master of the Wards and the Favourite made Secretary Sir T. Overbury his story A Friend to Rochester Dâ—sign'd Ambassadour Refuses to go The King wants money Sir Arthur Ingram Court and Ch. pag. 87. E. of Essex and his Countess Car and Overbury their stories intermixt Lady Rich divorced Hist. Gr. Br. pag. 68. Anno 1613 Hist. Gr. Brit. p. 69. â— of Suffolk petitions for his daughters divorce Delegates in commisâ—ion The Countesses Libell against her husband Essex's answer She is to be inspâ—cted by Ladies who repute her a Virgin and so do seven more â—adies Sentence of Nullity Signed by sufficient men Arch-bishop Abbots Arguments against the Nullity Answered The Countess marries Somersct H. Gr. Br. p. 72 Hist. Naâ— ch 28. Overburie designed to be deâ—troyed Earl Northampton dies His preferments to honour Against Duâ—lls Rebellion in Orkney The Earl convicted and executed his descent Oglevy a Jesuit his Examinations Plantations in America Hist. gr Br. p. 75. Cabot Virginia New England Elizabeths Isles Nova Francia Baronets created
A COMPLEAT HISTORY OF The LIVES and REIGNS OF MARY Queen of SCOTLAND And of Her Son and Successor JAMES The Sixth KING of SCOTLAND And After Queen Elizabeth King of GREAT BRITAIN FRANCE and IRELAND The First Of ever Blessed Memory Reconciling several Opinions In Testimony of Her and Confuting others in Vindication of Him against two scandalous Authors 1. The Court and Character of King James 2. The History of Great Britain Herein is expressed The particular Affairs of Church and State The Reformation of the One The Policies and Passages of the Other The frequent Disturbances of Both By Wars Conspiracies Tumults and Treasons with the contemporary actions of Neighbor Nations in reference to this whole Island Faithfully performed By WILLIAM SANDERSON Esq London Printed for Humphrey Moseley Richard Tomlins and George Sawbridge and are to be sold in Pauls Church-yard at Py-Corner and on Lud-Gate-Hill MDCLVI THE PROEME TO THE First Part. TO be in print without a Preface is not the Mode now and though it intends to let in the Reader as the Porch to a Palace yet it seems to be built up after the Book For uâ—ually it discovers the weakness of the Work by an ingenuous Confession of more faults than some other man may find out and so craves favour I prefix this really before I write more of the matter And therefore to pretend excuse for what shall follow amiss might seem a presumptuous sin as if I meant to offend Not but that Offences will come and may be found out hereafter more properly then to be summ'd up in the end of all and added to the Escapes of the Presse and so to plead the Generall Pardon Our Design is History commonly divided into 3. Kinds 1. Memorials A naked Narrative without contexrure of Things and Actions 2. Antiquity The Shipwrack of History somewhat saved from the Deluge of Distruction and so subject to question as that excellent History of the World done by Sir Walter Raleigh with exact diligence which yet indures the examination of his Errours by One who in truth took much pains to worst it the more that Master-peice by the Epitomy which besides the injury to the Work it self becomes unprofitable to the Readers expectation With these two kinds we mean not to meddle 3. But with Perfect History being in truth that which comprehends a Chronocled Time representing the life of a Prince with the Narrative of actions relative therefore with little favour of different opinions may be accounted the most compleat for Estimation Profit and Use in the magnitude of Affairs Men and Matter And of this nature Our Histories of England are said to be defective in the Main And for that of Scotland too too partial as done by different affections and interest in matters Ecclesiastical and Civil Therefore it hath been accounted worthy the labour to mold them both into one Body joined to these times from their first conjunction in Union of the Roses to the uniting of the Kingdomes The latter hath been in some sort set out single to our hand by a Compendium of the 5. King Iames's immediately succeeding each other and lately done by William Drummond After whom we intend to take up the Remain Beginning where he leaves with the birth of Mary instantly succeeding the Death of her Father Iames the fifth with the contemporary actions of neighbour Princes And so to her Son and Successor Iames the sixth and after the death of Queen Elizabeth of Great Brittain France and Ireland the first and last King compleat in right of issue descended from Margaret eldest Daughter unto Henry the seventh of England and Iames the fourth of Scotland with Re-union in that antient Title of Brittain But in brief The first Union of Marriage begat a present Peace between Henry the seventh of England and Iames the fourth of Scotland And at that instant Scotland brought forth a Prodigious Monster of Man under the waste like other men the Members both for use and comliness were two and standing it was indifferent to which of the two Bulks the Legs belonged This Bifrons had different passions and divers wills chiding each other and quarreling until by over-wrangling they unwillingly agreed and was cherished by the King taught languages and lived eighteen years A Monstrous Omen to the Union This Iames was young and active for twenty five years of his Reign having occasion to cope with two Henries the Seventh and Eighth of England Father and Son successively The first took his Entry here by Arms and Establishment by marriage Yet the times proved to him like strong Tides full of Swellings but well mannaged by the wisdome of an able Pylot through all storms being of himself the most sufficient Sovereign of any his Predecessours Between Him and Iames the fourth there had been distempers ever espousing the French Quarrels And therefore their times produced sundry great mutations treacherous false and deceiving the events belying the Beginnings Princes mostly inconsiderate before they imbarque whether their Wars be just or necessary and may serve Examples of great mens frailty After the death of Henry the seventh succeeded his Son Henry the eight young and wealthy whose actions had more of Gallantry than Honour though he meddled with the mixed Affairs for ballancing the Western Monarchy amongst the Pretenders Germany Spain and France with the change of Religion to reformed And so soon as ingaged against Louis of France Iames interposed as to divert him Enters upon Ireland invades the English Borders and after comes to handy blowes in Northumberland The English six and twenty thousann the Scots many more and at Flowden Field 1513. a wondrous slaughter on both sides and Iames in the Fight was lost as in a Fog for ever though he acted so well his affected Popularity that his loss became more disconsolate to his People than any his Predecessors His Son succeeds a cradle King seventeen Moneths old under Tutelage of his Mother who implores Henry her Brother for compassion upon a Widow-Sister and an Orphan-Nephew not to wage War but to defend them He answers like himself With the mild he was meek and with the froward he could fight But she too weak for her wild Subjects marries with the Earl of Angus and being disdained for matching so meanly the Duke of Albany of Scots race begotten in Exile is sent for out of France to govern them at home The success may soon be imagined for the Scots heretofore had killed Iames the first covenanted with Iames the second overthrown Iames the third and some say mislaied Iames the fourth and now hardly submit to a Stranger The Queen and Angus fly to England and here she is brought to Bed of Margaret Grand-Mother to King Iames the sixth Conspiracies increase in Scotland fomented from Henry the eighth till horrid Rapines wearied each party into a Peace at home and England also And thus freed from War for a time the Governour Duke executes Justice upon such
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
supervivor to eight of her children thrice imprisoned for affecting mariages with Thomas Howard son to the Duke of Norfolk then for her sons match with Queen Mary and the last was for her younger son Charles with Elizabeth Candish daughter to the Countess of Shrewsbury and mother to the Lady Arabella She was Nobly intombed at Westminster an elaborate Sepulture and then left living King Iames the sixth and this Arabella who was thus neer to the Crowns And therefore imprisoned hereafter by King Iames for intermariage with Seymor the now Earl of Hartford but she died without issue and so without 〈◊〉 of future interest to these Kingdomes See anno 1616. Amongst other of Mortons plots and processes raysing the Revenues of the Crown one was for recovery of some lands which was given by the Queen to Mary Levingston whilst she was her maid of honour and now maried to Iohn Simple who made his best defence in his sute but fearing the Regents rigour had passionately avowed That if he lost his land the other should lose his life This and other discourse that he was countenanced by Lord Iohn Hamilton and his brother Lord Claud instigating also Adam Whiteford of Milton Nephew to Simple to kill the Regent in the street with an Harquebus Simple upon Torture confessed all and more also his cowardize not affording him courage to hold out Whiteford did better his constancie was not terrified with the wrack and therefore gave suspition that the others confession was extorted by the pain of punishment yet to make out the matter Simple was arraigned condemned and brought to the Scaffold but pardoned the like had the other and both of them the favour of the people to blame the Regent for his rigour whose main intention was thereby to invalue these Lords and their estates to his griping gain One Allester Dow Macallan a notorious thief was apprehended by Earl Athol who was prohibited by the council and charges directed against him for exhibition of the man the fellow being set at liberty by Arguile falls to his old profession and robd Athol who in revenge invades Arguile and so the countrey take uprore thereat until an Herauld discharges those convocations and cites them both before the Council but were reconciled Arguile goes on and arms against Claudonald seizes the Regents Messenger tears his Letters missive and swears him and his Train not to return to tell tales This insolencie fires the Regent to revenge and for the present did no more than proclaim him Rebel But these and other tumults shewed an Ecclipse of Ministerial Government and gave means to private mens discontents to open a way of complaint against the Regent Alexander Arskin attending on the King takes advantage of Arguile and Athols reconcilement plots with them to open their Causes to the King which they must countenance and did but so craftily as that the one Athols counsel was called upon the others complaint And advise to summon the Lords mostly enemies to the Regent to meet at Sterlin Mortons avarice and lust subjects him from his strength and Power that ruled all to become weak in Authority over any His enormities of several natures numberless which brought him sodainly to sinck Besides his fins the Hamiltons were his Enemies made so by his own malice upon that Noble Family as also upon the Earls Athol Montross and Arguile whose kinsmen he proclaimed Traytors for not appearing at his Call Arguile invites these Lords and others to accompany him to the King at Sterlin with remonstrance of such grievances as the State groaned under and were seconded by fit Instruments such as evermore reside at Court He is sent for by the King and Council but delaies time to make Friends their opinions various it was yet concluded as the safest way to piece Friendship with Arguile who refused unless he would also quit the Regency To this he demurs and retires from his Enemies power And this gave good occasion to the boisterous Praecisians whose pursute was after such prey as might innovate Authority which they hated because it was Regal though Mortons interest had been ever to preserve them the Arch-bishops only being lately commanded not to obey the Synods Decretalls against which they complain in the Pulpit and having there the liberty of the tongue for that time they tell all to the people and of more than he could be guilty The Earl of Angus was his Ally in blood and the chief of the Dowglasses who with Carmichel a Commander of War advise him to Arms But Morton rather submitted to a Parliament at Sterlin Thither he sends his Friends but withdrew himself and with them his Papers and Notes expostulatory of his good Services which were not liked because not Petitionary And thus they seemed to signify and first He craves leave of publique Iustice upon his Accusers If otherwise that his Majesty thought fit to oversee their disobedience to authority then to be pleased to disburthen him of his Office and not to suffer his Royall Name and Authority to be despised in the Person of his Servant for as he had oft times made offer to demit his Regency to his Majesty so now the more willing if a Substantial course might be assured for preservation of his Highness person the ordering of his Majesties Houshold and dispensing of the Revenues of the Crown And herewith he recommended the keeping of the peace contracted with England as a security to his Majesties Right and Title to Succession And so recounting his former Services from the Kings birth to this present His assistance at the Kings Coronation His and his Friends hazard at Lanside field the siege 〈◊〉 Brichen His legations undertaken into England the recovery of the Castle of Edenburgh the Pacification of the Realm all on fire a◠his first entrance the redeeming of Iewels and Plate of the Crown and restoring of the Royall Patrimony to some reasonable condition And in regard of all he craved no more than allowance of his expence and a discharge of his Intromissions by the Estates of Parliament These not sufficient to prevail and his friends having littl◠Power and his bad Cause to plead he was voted non-Regent And accordingly into the hands of Angus Claim Ruthen and Harris he delivers the Crown Scepter and other Regalities which were presented by them in a great Convention of Lords and Angus invests them on the King with the univocal acclamation of all He having not yet attained to the years of youth yet in this turbulent time took upon him the Scepter which was celebrated at Edenburgh and the affairs of State rendered to the King now at twelve years old but with assistance of twelve Noblemen three of them by turns alwaies about him and Morton of the number as to bring him to reason not to cast him quite off to ruin whose wit and experience was useful to the State which he soon imployed to master
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
of the Hamiltons At his comming to Sterlin he writ to the King thus Please your Majesty It is neither diffidence nor despair in your Higness favour and clemency towards me nor any desire I have of life that moves me to require some short audience of your Majesty But there is a purpose of such weighty importance which is needfull to be imparted to your Highness that might have endangered the Lifes and Estates of your Mother and your Self if I had not stayed and impeded the same the relation whereof concerns you more than the lives of 500. such as my self wherein I am assured of your Majesties gratious answer The matter is not the concealing of a Treason but the revealing of a benefit April 1584. His Petition is denyed and the same brought in evidence at his Tryal being in May indicted of four points 1. That in February last David Hume Mars Man came at night to him at Perth communicating the surprizing of Perth and Sterlin and so concealing and consenting to Treason 2. The like he conferred with James Arskin a Trafficker from Mar Angus and others 3. That being in Dundee and charged by his Majesties command to render himself to the Lord Petten Weym Chancellour and Captain of the Kings Guard he did notwithstanding oppose him with Men and Arms convoking aid of the people to assist him in his Treason 4. That being obliged to maintain his Majesties Life Honour and Crown and having Intelligience that concerned the life and estate of the King and the Queen his Mother he treasonably concealed the same He excepts against Sir Iohn Gourdon who sat chief Justice for some enmity betwixt Gartland his Kinsman and him But this exception was soon refelled being only affinitas affinitatis Then that the Noblemeâ— that examined him promised that his confessions to them should not be urged against him But it was answered That their words could not warrant him He stood upon fourty daies time to answer for Treason He was told that the King might arrest at his own pleasure To the last point of Indictment That what he offered to reveal to the King was not of Treason But he was answered that the concealing might tend to the Kings destruction The Indictment was found the Jury were eight Earls and eight Lords and his Sentence as in Treason and so in the evening was only beheaded He had been of good Fame and Honour in Court accounted wise yet he dealt in Witch-craft for revealing the future state of things though for the general misopinion I find of the Presbyters against Judicial Astronomy we may conceive him no otherwise liable to their idle censure therein Nor was he accused thereof in his Tryal nor did repent of it at his death yet is acknowledged to take it with peace and patience in contempt of the World and assurance of Gods mercy His Death shewed the way to Archibald Dowglas and Iohn Forbess executed after him the rest of the Conspiracy had Banishment or Pardon The Ministers had been nibbling at these treasonable Baits and Polwart Galloway and Carmichel not compeering were denounced Rebells and fled into England And in this Parliament in May the Attempt of Ruthen was ratified the Kings authority over all persons confirmed the declining his Majestyes Iudgement and the Councils to be Treason the impugning of the authority of the three Estates or procuring their diminution to be Treason all Iurisdictions and Iudicatures spiritual or Temporal not approved by the three Estates to be discharged And an Ordinance made That none should presume privately 〈◊〉 publickly in Sermons Declarations or Conference to utter Speeches to the reproach of the King his Parents and Progenitors or to meddle with the Affairs of State under grievous 〈◊〉 Now was the Ministers Spirits on fire that they were not first heard and Lindsey was committed Lawson and Balcanqual flyes into England so did Poul who impudently protested against the Parliaments Ordinance and were all accounted Rebells Hereupon the King declares his Reasons to curb the Ministers First their allowance of the Fact at Ruthen Melvils Declining the King and Council The Fast kept when the Ambassadours were to be feasted and other general Fasts through the Realm without the Kings Authority usurping Ecclesiastick Iurisdictions Alterations of the Lawes at their pleasure and a number of such abuses To these they impudently replyed in Pamphlets Libells and 〈◊〉 pens against the Court. And Letters from those Fugitives to the Ministry and Session of the Church and Council of 〈◊〉 Town Excusing their Absence for resisting the wicked Ordinance and not submitting to the Tyrannical Regiment of Bishops whom they stâ—led Libertines Belly-Gods Infamous That after their zealous wrestling with God they had revelation to depart and hoped after destruction of the Antichristian Prelates to return home to their several flocks in Peace But by the Kings direction this insolent Letter was replyed unto by the Session wherein after the just confutation of their abuses on the King and State They discharge themselves of being their flock and of they their Pastors and thank God the Revealer of secrets that made them manifest their own shame and relieved them from such wolves in shew of Pastors and being assured that his Majesty will furnish them with more quietâ—r Ministers they commit the others to Gods mercy and to repent for their former offences This letter subscribed and sent to England was copied out and divulged to their eternal condemnation and out of regret of the guilt thereof afterwards Lawson died with grief at London And at home occasioned others to follow per force many imprisoned some executed for meddling with State-matters Subscriptions and Sermons so treasonable although the Kings mercy endeavoured to reclaim them such were their insolencies that sundry of them suffered for example to others conformity These troubles in Scotland brought disadvantage to the poor distressed Queen Mary for whose relief some practises were set on foot in England by Throgmorton Lord Paget and others the Earls of Northumberland and Arundel the Howards also rather suspected out of their general profession of Papistry and affection to Queen Mary and also by Morgan and others in France and all for her As more particular by Mendoza the Spanish Ambassadour in England who being discovered stole away secretly to Paris being charged with Throgmortons Plot to bring in forein Power for which he was hanged And Mendoza as boldly recharged this State with practices against his Master for at this time England countenanced the Netherlands the Duke of Aâ—joy and Don Antonio the Portugall and the Ambassadour of Navarr now in England and all these against Spain But to colour these to excuse this State and to complain of the Ambassadour Wade Clark of the Council posts into Spain whom that King refers to his Council without vouchâ—aâ—ing to see him and not being heard at all returnes home again And by some
papers of Creighton a Scotish Jesuite intercepted and discovering fresh plots of invasion by the Pope Spain and the Guisâ—s the State of England began more narrowly to look about and to begin with the Queen of Scots miserable Tragedy herein Leicester and other Lords associate by oath to persecute to the death the obstacles of Queen Elizabeths peace and safety Mary fearing the effects made the most humble and satisfactory propositions and concessions to what Queen Elizabeth could possibly urge and to which she indeed inclined but the Scots opposed especially to hear of her return home And to assist the hight of evils the Presbyters in Scotland are alwaies at hand railing at her and the King in the Pulpits and being summoned to answer their contempts absolutely refuse saying That Ecclesiastick persons were exempt the Kings authority Althought to suppresse their insolencie very lately even this year and last Assembly of States it was enacted The Kings authority over all persons Ecclesiastick and Layick and confirmed for ever Their Assemblies as well general as particular were condemned as arrogating boundlesse authority when they list to meet and to prescribe lawes even to the King and Kingdome And here the popular equality of Ministers were abrogate and the dignity of Bishops restored whose vocations the Presbyters had condemned as Antichristian The scandalous books of Buchanans Chronicles and his Dialogue De jure regni apud Scotos and other such were condemned So you see in this Parliament the King had Royally and Religiously confirmed the Articles of true Religion and had united to his Crown the supream Authority Ecclesiastick and Civil heretofore usurped by Papists and lately by Prebyters Hereupon they declare the King inclin'd to Popery and nothing to be left of ancient from but the shadow and not being suffered to vent their spleen they fly into England under pretence of persecution Yet the King delt with them by hopes and fear Appoints their appearance in November from all parts And were then pressed to subscribe obedience to their ordinary To obey and acknowledge Bish. according to the Word of God which words they construed to be a restriction or limitation for say they The Word of God commands no obedience Thus either deceived or deceiving to redeem their ease with yeilding cover it with equivocation some subscribed others refused preaching against them And evermore Praying for the banished rebellious Lords as the best Subjects who fled from â—yranny Amongst sundry of such men that suffered trial and others executed Daglith the chief Minister of St. Cuthberts upon that score and for corresponding by letters with Walter Balcanqual he was sentenced for Treason but upon his humble supplication was pardoned David Hume and his brother executed and indeed divers grand designes of Treason put the State to necessary jealousies and fears Robert Hamilton accuses Douglas of Mains and Iohn Cunningham of Drumhosel for conspiring to intercept the King at hunting and to detain him till the banished should return and receive him Upon which they were found guilty and executed at Edenburgh And indeed Angus and others lay lurking at Barwick who were removed therefore further into England to New Castle lest the Lord Hunsdon Governour of Barwick should suffer suspition in their designes against all reason of State which now in England seems to side with King Iames And at New Castle they lodge Iohn and Claud Hamilton retire and take up by the way to settle all here The Scots Ministers wanderers were all found out and called to the Juncto Lowson Carmichel Erskin And Mr. Iohn Colvil sent away to Secretary Walsingham at Court Who led them with hopes that the Queens fleet usual rigging was intentional for their interest this encouraged them and gave occasion to the Scots Ambassadour to draw up Criminations against them and so they were removed to Norwich and after to London and lodge at Long ditch beyond Tuttle street against the Park-wall to whom all their Ministers resort a petty corporation preach pray keep fasting more than private and were so bold as to expect leave to be allotted a Church of their own as French Italian Dutch and other strangers but the conformity of language with us and the deformity in discipline made their request insolent of which they complain in their preachings and therefore are all silenced which they say brake the heart of Lawson their Malapert minister or rather the letter from Edenburgh aforesaid renouncing him their Pastor who deserting his cure upon pretence of conscience not to subscribe yet takes part the Rebells against his Soveraign But the particular manner and occasion in Scotland was as followeth In civill affairs the Earl Arran comanded all keeper of the Castle of Sterlin Edenburgh and Provost there lately made Chancelor upon the death of the Eaâ—l Arguile The office of secretary he conferred upon Iohn Metallan Lethingtons son having banished the Abott of Dumferlin who possessed that place and made himself Lieutenant of Scotland which greatness procured private envy of others at Court ploting his ruine To conserve him self he endeavoured to gain Queen Elizabeth to be his friend and after he had privately conferred with the Lord Hunsdon Governour of Barwick several legations were sent to England by the Arch-bishop of St. Andrews to confirm the Kings constancy in Religion much suspected by the cunning informations of the banished abroad and Kirkmen at home And after him the Master of Gray came to remand the fugitive Rebells and Lewis Ballandine Justice Clark was sent to accuse them as guilty of the conspiracy of Mains and Drumhosell but indeed Ballendines interest conniving his accusations were so slenderly urged that the very ground was laid to work their restitution and Arrans destruction the Queen and her counsel under hand giving ayme to all Arran abused with hopes of the Queens friendship continues his greatness into terms of Tyranny against Athol Hume and Casils With frivolous arbitrary justice It fell more particular upon the Lord Maxwell for refusing exchange of Lands the Barrony of Kinnell fallen by attainder with the Barrony of Mernis and other Lands of Maxwell Heath And to work out the mischief the Lord Iohnston is made Provost thereby being warden of the West Marches might curb the power of Maxwell whose right it was to the Provostry and therefore rayses forces of his friends and apposed Iohnston for which and other Insolencies he is denounced Rebell and commission to Iohnston with power to pursue him Maxwell sends his two brothers to intercept Lamby and Cranston ere they should joyn head in the fray the first is killed the other made prisoner which encouraged Iohnston to incurse upon Maxwells lands by fire and sword with great spoyl booty the same were answered upon return of the like against Iohnston who is taken prisoner and the regret therof gâ—eived him to his grave shortly after The Quarel now engages the
Mistress being a Maiden Queen will vouchsefe Me the modesty of Woman-hood to have of my own about Me at death You have not such strict Commission but may afford Me more were I less then the Queen of Scotland But being denied She burst into tears and scorn I am said she Cosin to your Queen descended from that Royal King Henry the Seaventh a married Queen of France and anointed Queen of Scotland This is not well Upon which importunity they consulted and appointed to her Melvin and an Apothecary her Chirurgion a Burgonian and one man more and two women of her Chamber And now she passed on into the Hall with undaunted courage stept up upon the Scaffold raised two foot high and twelve broad railed about a low stool a Cushion and the Block all covered with black Being set the Lords and Shrieff on her right hand Pawlet and Drewry on her left the two Executioners common Hangmen the one of London the other of that Country stood before her the Knights and Gentlemen placed round about without the Rails After silence made Beale Clerk of the Privy Councel having read the Commission for her execution the people shouted and cryed God save our Queen During which the Queen with very careless regard seemed as not there concerned Then Doctor Fletcher Dean of Peterborough standing before her without the Rails bowing his body with due reverance gave her this exhortation Madam said he The Queens most Excellent Majesty notwithstanding this preparation for execution of Iustice justly to be done upon you for your many trespasses against Her Sacred Person State and Government having tender care over your soul presently to depart does by me offer to your consideration that by the true faith in Christ our Saviour you may live for ever First to consider Your estate past and transitory Your condition present and to come And the means of bliss Or Bane everlasting Herein having read her a tedious Lecture of the bodies frailty commends to her consideration the Glory of Immortality with comparisons of Mercy or Misery for ever and so concluding with the best Counsel he could to deny her Romish Religion But she not able to hold out till his ending interrupting three or four times tells him he need not trouble himself nor her to change her faith in which she was settled during her life the ancient Catholick Roman Profession In defence whereof she had been alwayes and yet would be ready to sacrifice her blood The Earls said Madam we will pray with your Grace that you may be enlighâ—ned with the true knowledge of Jesus Christ and dye therein The Queen thanked them but refused to pray together unless in her own devotions Then they required the Dean to pray who effectually in a long Prayer desired God to open her understanding by Faith and Repentance to turn from her vain affection of Papistry and to dye in the true Protestant faith All which time the Queen sate on her stool with a Latine prayer-Book in her hand a Crucifix and Beads not regarding what he said Her servants also did the like But then the Queen with all her people with a loud voice and in tears prayed in Latin And after that her self concluded with an English prayer for the Church afflicted for her Son and for the Queen and professed to be saved by the blood of Christ. Upon this kissing her Crucifix said she will I shed my blood She earnestly prayed That God would avert his judgements from the sins of this Kingdom and to afford the people grace of Repentance And prayed for forgiveness of her Enemies who so long had sought her destruction to convert them into the truth and desired all Saints to pray for them and her Kissing her Crucifix crossed her self and besought Our Saviour who spread his Arms for all to receive her now unto his mercy Amen The Executioners kneeled to her and begged forgiveness which she granted very unfeignedly as she said heartily willing to receive this cup the end of all her miseries Her women began to disrobe her one of the Executioners took from her Neck the Agnus Dei tyed behind which the Queen laid hold on gave it to her woman and told him he should have money But suffered them with her women to take off her chain and apparel in some hast and gladness alwayes smiling and putting off her strait sleeves with her own hands denied the fellow who rudely offered at it With more than smiling scorn told them all never such Grooms disrobed a Queen nor never did she undress before such company And now in her Petticote and Kirtle prepared for death her women skreeking cryed out with exceeding sorrow crossed themselves and prayed in Latin The Queen crossed and kissed them desired their prayers without mourning and crossed her men servants who stood without the Rail weeping and crying out One of her women with a Corpus Christi-cloth wrapped corner-wayes kissed it put it over the Queens face pinning it fast upon the Call of her Head Then she kneeled down upon her Cushion resolutedly undaunted spake aloud in Latin the whole Psalm In te domine confido ne confunder in aeternum And groping for the Block laid down her head put her chin over the block with both her hands and held them there which might have been cut off with her head had they not been espied But being advised she quietly ordered her self again and stretching forth her Arms and leggs cryed out In Manus tuas domine c. three or four times when one of the Executioners gently held her down and the other gave two strokes with the Axe before her head was off leaving a little grisâ—e uncut without the least stir or remove of the body He lifted up her head and said God save our Queen Her dressing fallen off her hair appeared so grey as at seventy yeers very short Her lips stirred a quarter of an hour after Then said the Dean So perish the enemies of our Queen So said the Earl of Kent Very remarkable was there one accident The Queen had a little Shag-dog that alwayes followed her Person even to her foot-steps who unespied crept under her Garments and would not remove but by force snarling and biting nor would afterwards depart but laid down between her head and shoulders most notoriously noted by all The Commissioners gave way to the humor of the Dog who imbrued himself in her blood snarling and casting up his eyes as if to quarrel with them all and bite at them who washed him as they did all things else that were bloody The Executioners had mony but no part of her Garments The Corps was carried up into the great Chamber and there imbalmed and afterward buried in the Cathedral of Peterborough and her funerals were kept more Magnificently by the Guises at Paris and yet more illustrious twenty six yeers after by her
her Death craftily got out of the way at the Deed doing and therefore Davison appeals to him telling the truth in his politick absence of a counterfeit cold And Walsingham is put upon it to work his wits how to pacifie King Iames with a tedious Letter to the Lord Thirlstan who had the chiefest interest in the Scotish affairs of State propounding to him important Reasons to keep the King from enmity with England which though very effectual might meet with the like resolution in Him to forbear violence and to take up a more calm consideration But though the Letter be long we may not hinder it the worlds approbation SIR BEing absent from Court when the late Execution of the Queen your Sovereigns Mother happened I did forthwith upon my Return impart to Master Dowglas some things concerning the course was conceived here by your said Sovereigns best Friends fit to be holden in this remediless Accident for continuance of Peace and Amity between the two Crowns as the best for both Nations The rather for that by advertisement out of Scotland I understand that the Queens Death is like to breed a strange Alienation of his Majesties minde towards this Realm tending as is reported wholly to violence and revenge of that which hath been done so necessarily by the whole Body of the same whereof as for my own part I should be sorry so it is generally hoped that his Majesty being of that singular judgment himself by the good help and advice of such as you are in credit and authority about him men of wisdom and experience whom he will hear this mischief will notwithstanding be carefully and prudently prevented considering how every way all things being rightly weighed this course will be found prejudicial as well to your Sovereigns Estate as to his Reputation if he resolve to persist therein For first the Enterprise will undoubtedly be condemned in the sight of all such as shall not be transported with some particular passion for that they shall see that he takes Arms for revenge of an Action besides the necessity wherein it is grounded full of so honourable and just Proceedings as however the effect was contrary to their liking the manner thereof by the late Queens great Favourers could not but be approved and allowed And as on the one side the King your Sovereign oppugning the course of Justice of so unlawfull unjust and desperate a Quarrel cannot be expected any other thing than an unhappy and miserable issue so we being assured that in the defence of Justice the assistance of God his mighty Arm will not fail us whose Judgment this was need not to fear what ever man shall attempt to the contrary against this Realm But not to stand upon the justness of the Quarrels which every man perhaps will not so much regard It would be considered what means your Sovereign shall have to go through with such Enterprise if he take it in hand For the Forces of his own Realm being so far inferiour to these in England no man is so simple but seeth it were no way safe for his Majesty trusting onely thereto to make Head against the power of this Land neither is it thought that any man will be found so unadvised as to wish him so to do But as it may be that a great Number for lack of understanding are carried away with such Discourses as some without solid ground imagine of that might be done in this case by a King of Scotland backed and assisted as they conceive in the air with the French and Spanish aid so it is likely enough there shall not want those that either in satisfaction of their private passions or supply of their necessities or better affectionating of some other their private design would be content to serve themselves of this present publick occasion and oportunity who will propound and promise more to his Majesty of such forein assistance than they know in their consciences can be performed if he would declare himself Enemy to this Realm which that he should though to his own ruine the Enemies of both Nations will do what they can to procure But men of wisdom and understanding laying before their eys as well the accustomed delays and after long â—ollicitation and pursute the simple supplies and support commonly found at these forein Potentates hands as also how doubfull and uncertain the success of War may appear England God be thanked being so prepared and in case to defend it self both otherwiâ—e and also by the conjunction of Holland and Zealands Forces by Sea in respect whereof this Realm need not fear what all the Potentates of Europe being bended against us can do to afford the same Due consideration I say being taken hereof you will easily judg and finde how vain it were for your Sovereign upon so uncertain hopes to embarque himself and Estate in an unnecessary War but much more if you shall consider what a sequel and train of Dangers this War draweth therewith the consequence whereof reacheth to whatsoever your Sovereign possesseth or hopeth for in this life For escaping to be slain in the field if he should happen to be taken Prisoner or be constrained to retire himself out of the Realm things that have often fallen out in experience and then having incensed this whole Realm against him he should be disabled from any Right in the Succession of this Crown as authority is given to do it by the same Statute whereby they proceeded against his Mother for attempting the Invasion of this Land what extremity should he be reduced unto And truly it could not otherwise be the antient enmity between the two Nations now forgotten being by drawing bloud one of another again likely to be in such sort revived that it would be impossible to make them to receive a Prince of that Nation and especially Him who had upon so unjust ground been the Author of so unhappy a Breach Besides that the greatest part of the Nobility by whose judgment the late Queen was condemned and the rest of the principal Gentlemen of the Realm who confirmed the same in Parliament should have just cause to adventure any thing even to the marching over their bellies rather than to yield to his Government who carrying such a vindictive minde they might doubt would not day call their Lives and Honours in question And as for the remedy and relief which he might attend standing on those terms of forein Princes there are many Examples of former Ages and within fresh memory as the King of Navar 's Grandfather by the Mothers side and Christian King of Denmark both being allied to Francis the First and Charls the Fifth two of the mightiest Potentates that reigned of long time and that this present Don Antonio may suâ—fice for Examples to teach all Princes if they can avoid it to beware how they fall into that state whereby they shall be enforced to seek their own by other Potentates means
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
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
come The next to him the Ambassador of Denmark on the left Hand the English Extraordinary and Lieger sat together and then the Ambassadours of Brunswick Megleburgh and the States before each Seat a small Tâ—ble covered with Velvet and officers only about the English to wait his pleasure The Service ending Sussex presented the Prince to David Cunningham Bishop of Aberaeen the action of Baptism administred by David Lindsey Minister of Lieth and in French because of Strangers and naming him Henry Frederick And so returning in former Order And the Prince being laid upon a Bed of Honour Lion Herauld proclaims his Titles Henry Frederick Knight and Baron of Kenfrew Lord of the Isles Earl of Karrick Duke of Rothsay Prince and Stewaâ—d of Scotland Meddals of Gold and Silver cast to the people sundry Knights made with feastings and comedies for a whole moneth The King amidst these Ceremonies of joy minds his serious affairs For the Popish Lords in Rebellion an Ambassadour is sent to Queen Elizabeth to remember her promise to support his levies after many shifts and delayes some small sums were advanced as a loan which in truth were due otherwise upon account and that very unwillingly too for one Lock was now resident at Court the only agent for Bothwells business and Mr. Calvil the Minister his Copes-mate there also And again Bothwell is got up and keeping intelligence with the Popish Lords in the North against whom the King intends an Expedition resolves so to incumber his affairs in the South as to prevent his journey and having received some Gold from his Foreign friends corrupts the Keeper of the Castle Blackness to seize the King into hold till the Conspirators should come and force conditions To this they all are obliged by bond assigned by Huntley Arroll Angus Bothwell and Achindown and in custody of Sir Iames Scot. By which and others papers discovered from Allan Orm Bothwells Man the whole plot came to light and was published to undeceive the Commâ—nalty upon what score of Religion Bothwells Treasons were confirmed And the Jayler and Orm were both executed to assure the visible truth to the people And without more circumstance Commission was given to Arguile Athâ—l and others who besiege the Castle of Ruthen but was beaten back and meets with a Supply of more strength nowadvanced to a thousand horse and foot Huntley hastens to fight ere Arguile get more men And being less in number but made desperate by necessity Arroll leads the Van with three hundred aâ—d Huntley hath the Battel No sooner in sight but Arguile in some misdoubt yet commands Maâ—kâ—an who led his Van to advance Himself lodges in the fast grounds full of Moss and boggs with the main of his men Huntley had some Field pieces which plaid upon Macklans Highlanders and they as their manner was then though since they have appeared stout fellowes and to stand to it fell down on their bellies not willing to look up so long as the Guns did thunder which incouraged Arroll to give the charge but being forced to wheel aside the Fellowes got up on their feet and by that time they incounter showring such a storm of arrows upon Arroll that the first flight a quarter of an hower darkned the day into night and at the fall of their Arrows came in with their darts that killed Achindown and dangerously wounded Arroll many hurt and the most fled Huntley sees this and hastily spurs his Horse into the succour and now encountring for the day continued a cruel fight for two hours which routed Argâ—ile not able to rally them again yet Macklan stood it out with courage and skil till he retired in order and honour with loss of many men of note beâ—ides seven hundred Soldiers and but a dozen on Huntleys part though divers desperately wounded And it s called the Battell of Clenlivat a mile off And so the Lords for the Kings side separate and go home But ere the Conquerors could relish their wellfare the King was got into the North and demolishes Strathbolgy Slains and Newton principal holds of Huntleys and though themselves withdrew to his Aunt the Countess of Sutherland they were so beset by the Duke of Lenox Lieutenant of the North that they capitulate with Sureties to depart the Realm without prejudice abroad to the State at Home nor to return â—ill the Kings pleasure Huntley into France and the rest into several Soâ—ls This condiscention to such notorious Rebells lodged sometime upon the Kings account as in favour to the Romists but if we examine the charge of the War uncertainty of his Nobles faction of other fewds and a ticklish jealousie in the Ministery not to suffer Bothwell to sinck whose pretences till now they alwaies incouraged these exigents may excuse the King Indeed in this publick Rebellion with Papists Colwell his Chaplain refused his devotion forsook his company and came home again yet to make himself welcome betrayed Bothwells Brother Hercules Stewart to publick execution at Edenburgh This frighted the grand Traytor into fears and forsaken or all but his guilty self flies into France and lands at New-haven where in disquise he lodges but tidings of him came to the King who sends a Gentleman to France to demand so reprobate a Rebell The French King professed not to afford him countenance but being come for refuge he could not in honour debar him the free air of France And so wearied with the insupportable weigh of his sinful soul and quarrelling with any man to kill him against the Edict of France He was thereupon banished from thence wanders into Spain and so to Naples in Italy where he lived and died woundrous poor and unpittied of all men about the year 1624. And thus the Hydra's Heads of this Conspiracy removed out of the way the Members came in discovering one another to procure pardon and the very Bond was brought in which did assotiate these Confederates by which the Ministers eyes were opened and by this new light they could see Bothwells guilt which heretofore they could hardly believe And so ended this Rebellion with the last of the year The next Assembly of the Church occasioneth the King then at Montross to send Commissioners to them to urge these Articles That any subjâ—â—t found guilty of Treason should also be excommunicate that so the Swords of Iustice Spiritual and Temporal should make inseparable Union one with another That no Excommunication should be valid by private men without major votes in publick Assemblyes of the Members of other Churches That no Excommunication should fall upon any for slight causes and suspected crimes in Civil cases lest the censure should come into contemâ—â— like the Popes Cursings and when they do to give lawful citation A man would judge of these Articles without difficult Answer Yet they shake their heads at all At the fâ—rst with this clause Legitima cognitione Ecclesiastica preaeunte To
the third and fourth they demur And discharging any summary Excommâ—nication with this Exception Nisi salus Ecclesiae periclitetur Thus evermore they bare a starting hole which the K. might easily see would serve turn for their turbulent intention to colour their proceedings hereafter What the conceipt should be that possessed Queen Ann she had an earnest design envy to the Earl of Mar his Guardian her only Warrant to get the Prince out of his care into her custody and delt so with some Counsellors in the Kings absence that had not the King timely prevented and suddenly surprized the Queen by posting to her from Faulkland to Edenburgh it had been too late to recall the danger and carries her in his company away to Sterlin leaving her alone to ponder out the plot such a design as for her honorable memory I dare not mention having no ground but a Jesuits conceipt but boldly put in print an authority enough for impudence only The King pondering with her the wily design writes in secret to the Earl My Lord of Mar Because in the security of my Son mine is conserved and my concredit of his charge to you upon trust of your honour and honesty This I command as singly and solely of my self being in company with those I like not that upon any charge or necessity that possibly can come from me you shall not deliver him And in case that God call me at any time see you that neither for the Queen nor for the Estates pleasure you deliver him out of your hands fill he be eighteen years of age and that then he command you himself Sterlin Iuly 24. 1595. Iames Rex In this case that the King was cooped appears his great trust to the fidelity of this Lord. Some fire carries smoak which even choaked the good old Chancellour whether regret of the wrong jealousie of the King or guilt of the Counselour he contracts the melancholy into a sickness and being withdrawn to his Country-house Lawder sends his Cosin the Secretary to the King then at Hamilton Excuses any evil design in him by his former continual fidelity to the Kings affairs Commends his wife and children and some friends to the Kings favour Takes leave like a man not long of this Life The King ever compassionate took it for no time to dispute with discontent It was enough his good services had been eminent and frequent this last accompt he commits to God and like a Prince wiâ—e and charitable instead of correction sends him comfort under his own hand and Seal Chancellour How sorry I am saies he for this ill News be your self my judge I could never dissemble my affection God may spare you for my sake if you love me so well as to resist the assaults of your sickness that his goodness may reserve you yet a little to me as Hezekiah was to his people for the necessity between Prince and people is reciproque Nor can any sickness of it self seize the vital if God cut not the thread of life As to your suits when God calls you I shall need no Remembrancer for since I made you a mark of my constant favour as your self hath oft times said I am much more bouâ—d in Princely care to conserve it to your Wife and children that bear your Image a lively representation for me of my thankful memory of you examples are begun in others what have I not done for the Duke of Lenox and Lady Huntley for their Fathers sake Suffer your thoughts in this assurance of the like to yours The Secretary is mine already And if the distance of place could dispence with my time I should desire to see you and to have said thus much my self God keep you to me and to your native Country Iames Rex He lanquished two Moneths and died in October 1595. He was a man of rare parts a deep wit and learned also of good courage against mighty Assailants Mar was the man he most hatâ—d the other the like to him Both good men accounting them Courtiers private emulation I fear more of Policy than virtue yet with great reservation of his Majesties affection to either and in general to the publique service till I know not how he failed in this last act The King in some passion for his death having little more to do it seems then bestowed his Poetry into an Epitaph for him of a dozen verses which because I find them much bettered in comparison of his Maâ—esties afterâ—verâ—â—â—ying his holy Meditations in turning Davids Psalms into excellent Meeter I shall silence these and refer you to the other hereafter This year was held ominously evil in Scotland dearth and scarcity of all victual abundance of winds in harvest the natural cause blood-shed and slaughters in all parts accounted unnatural the curse of God haunting that Nation where such Wars we call them civil cry down vengeance on the Inhabitants Iohnstons and Maxwells had another bout in the South Parts Those from the Western the Maxwells had much the worse With the Isles and High-landers likewise great dissentions The In-countrey no less behind Murthers slaughters The killing of one though a private man as to himself engages his Kinsman Master or Chief to procure the revenge David Forester but a Citizen of Sterlin murthered in his journey to Edenburgh so I censure them that lay in wait by the way we know not by whom but see the Lairds of Arth and Dunny pearce in malice to the man because to his Master the Earl of Mar endeavour to shadow the inquiry of the Inquest The Earl in this affront for his beloved Servant convaies the corps with a Train of Mourners from Linlithgow to Sterlin carrying therewith the body bare-faced and the sheet gory in blood with the dead wounds and all to move compassion for revenge The body buried Mar prosecutes some suspected the Lords Levingston and Elphingston boulster out the men No Law nor Justice to be suffered for quiet and civil Tryal No! these feuds will fight it out and did to future example of Gods Justice in the fall of these two families much addicted to murthers and quarrels of blood This one and some few such like I mention for Presidents and Examples not glutting the Reader with too many which in every place fill up the Scots Chronicles and which sundry of them boast of for magnimity of Spirit and honour to their Gentry We lately observed the small effects the King found from the promises of England to aid him which brought him to take care how to advance his own other helps he had not He commissioneth eight persons to govern his Exchequer all of them Senators of the College of Justice only Peter Young his honest Almoner The Commission was ample in words and power to them or any five To call to accompt all manner of Officers Accomptants To Order and Rate the Rents To alter and change any of the Officers To
in Ireland There was publick Reports of the Spaniards mighty preparations by sea more then in 88 pretended against Britaign in France which the King of Scotland feared might fall upon him or England or both And therefore musters all his people and secures the Borders from pryvate quarrells of each other or to infringe the peace and Covenant of both Nations so firmly united by Alliance and Religion Language and manners that of late they seemed one But to divert Spains purposes Queen Elizabeth joyns with France who denounces warr against him and is hotly pursued in Luxemburgh and Picardy Where he hath the better Castelet Dorleans and Cambray taken and the French crave more ayd from England or to be forst to make peace with Spain whicâ— indeed she suspected He being already received conditionally into the blessing of the Pope and conclave These successes hightned the Spaniards to adventure over into England from Bretaign in four Gallyes under Command of Dudrack Brocher and landed betimes in the morning burntâ— poor fisher Towns in Cornwall and without losse of any one Englishman stole home again These being the first and last Spaniards that ever in Enmity durst set foot on English ground And this their poor attempt incensed the English to seek him at home that they might feel the different effects of English designs Sir Walter Ralegh Captain of the Queens Guard made an Expedition upon his Territories in America commonly called the Guiana voyage within 8 degrees south of the Aequater He burns some Towns and Cottages and so returns Sir Amias Preston and Sir Georg Summers also sack and burn the Towns of the Isle of Puerto santâ— neer Maedera and Coche neer Margereta Coro and the City Iago de Lion but took money to spare Cumena Hawkins Drake Baskervile with 6 of the Queens ships and 20 other Men of warr fire some Towns in the Isle Dominica in the West Indies and others upon the continent But the event of that voyage Hawkins and Drake died of sicknesse and home came the Company poor enough for any Pillage so we return to our Scots story This new year some time sets variance between both Realms The Lord Scroop for the West Marches of England and the Laird of Backlugh for the charge of Liddesdale design a Day of Truce to treat of disorders and the meeting even at the Brook that divides both nations Mr. Salcallk was Deputy for Scroop and Robert Scot for Backlugh and having met friendly and composed some differences they parted At their meeting was Armstrong nick-named Will of Kinmouth a notorious Thief for the Scots he returning home was set upon by some English and after four miles chase brought him Prisoner to Salcallk and so to the Castle of Carlile The Truce was broken being accounted evermore from the hour of Treaty till next day Sun-rise and the Prisoner is demanded But Scroop refused unless by order from the Queen and Council The man being a notorious Malefactor and Backlugh was modest not to make many words ere he procured Bowes the English Resident to write to Scroop for his inlargement which not taking effect the King writes to the Queen nor that neither Backlugh engaged in honour to the King and his own right of Trust Plots the Prisoners Release this Way The Castle of Carlisle was surprizable and in particular at the Postern-Gate the measure of the height he had and there he meant to scale or break through the weakness of the Wall by Engines and so to force the Gates Thus resolved he drew up two hundred horse to Mortons Tower ten miles from Carlisle neer Sun-set he forded the River Esâ— and two hours before day he passed Eden beneath Carlileâ—bridge â—bridge and so came to Sarcery a plain under the Castle And making halt under Cadage Bourn he dismounted fourscore of his company but his Ladders too short his men fell to mining and himself retiring to the rest to secure those which might enter against any eruption from the Town In fine the Breach opened entrance to single men who brake through the Postern-Gate for the rest The watch awaked and made some resistance but were soon seized into Guard and afterwards the Prisoner freed The sign being forthwith given by sound of a Trumpet a signal to the Souldiers without that the enterprize was effected within My Lord Scroop and Salcalk were in the Castle to whom the Scots gave the good night and so parted This Surprize was handsomely mannaged having order from Backlugh to break open no door but the Prisoners Ward nor did they do any more prejudice though the Governour and Castle became under their power Being got out their Prisoners were returned The Town took the allarm and all in posture of war but Baâ—klugh came back as he went to his own quarters two hours before Sun-set the thirteenth of April 1596. a quick and resolute design performed with civillity and honour which troubled the English to be out-done nobly in any Attempts For a Prisoner to be forced out of a strong Castle of Defence so far within England and so handsomely troubled the whole State of England And Bowes the Ambassadour had post order to aggravate the fact as a breach of peace unless Backlugh were delivered to the Queens pleasure Backlugh having done this gallant work maintained his defence as discretly That he marched not with design against any the Queens holds or in wrong to any of her Subjects but to relieve a Prisoner unlawfully surprized and illegally detained being seized in the day of Truce nor did he aâ—tempt his Relief until redress was refused And the sober 〈◊〉 civil prosecution he was confident would be justified according to the antient Treaties of both Realms when mutual injuries were referred to Commissioners as both their Majesties should appoint to whom most humbly he doth submit This not satisfactory the Queens displeasure took some time to consider until a moneth after it was remitted to Commissioners The King stood upon Justice and the rather against the Lord Scroop for the injury committed by his Deputy And in truth and reason it was less courtesie to take a Prisoner than to relieve him unlawfully taken Yet all would not serve the Borderers make inroades upon each other the English worsted in all till King Iames out of complement to his Kinswoman grown old and peevâ—sh 〈◊〉 content to moderate her passion by yielding unto the imprisonment of Backlugh to Saint Andrews and then conveyed to England more for form than guilt of punishment and so sent home again The Isles were up a petty Rebellion naked cold and hunger soon suppressed themselves yet in fear of Spanish Invasion or a Receptacle â—or Revolters a thousand men were levyed under Col. Stuart for fourty daies the custome to assist the King upon which the chiefs submit and give caution to compeer before the King And as there was too frequent cause by these
colour of doctrine to stir up sedition no good man will grant If Treason and sedition be crimes punishable much more comitted in the Pulpit where the word of truth only should be taught I am not ignorant what France of late and England formerly have suffered by the violence of such spirits And I may not indure it Hereupon the Church finding the King resolved desire some Declaration to be made to the people in favour of Church Assemblies which they feared was hereby of late somewhat weakned which the King assented unto and it was accordingly published to give finall conclusion to these differences Blake was required only to acknowledg his offence to Queen Ann. And to be pardoned of all This he would not do and was therefore sentenced To have falsely sâ—andered and treasonably calumniated the Kings Majesty his consort the Queen his Neighbour Princesse the Queen of England the Lords of the Council and Session and that till his Majesties further pleasure he should be confined beyond the North water enter ward within six dayes and Ten daies more were taken up to decide these differences and the King condiscends to lesser submissions than before But the Commissioners refuse to agree to any censure of Master Blake as not done by the proper Iudg. And so they ordain a fast and pray and preach complaints of wrong done to the Kingdom of Christ. The King on his part made the grounds of his displeasure known to his people by Declaâ—ation setting forth particulars of the last Transactions Ordaining all Ministers to subscribe their obedience to his Majesty and to set their hands to the bonds presented to them to that effect under pain of sequestring their rents and stipends till they submitted Blake to go to ward and the Commissioners to remove out of Town They increase Aspersions upon the King who willingly would have recalled these sentences and Publications and some Ministers were treated therein till a scandalous Letter was devised and sent by under hand advise that Huntley had private reception by the King over night and caused the charge against the Ministers Balcanqual takes his text out of the Canticles and so to present the troubles of the Church relates the late proceedings which he calls treacherous forms of the Council naming particular officers The President and Controuler and Advocate with reproachfull raylings and concludes to advise the Barons and Nobles to meet in the little Church for assisting the ministry From them came a petition to the King in behalf of his Ministers and presented to him in the uper house of session with complaints uttered by Bruce of all which had passed The King declining the petition and remonstrance asked who they were that durst convene against his proclomation The Lord Lindsey passionatly replied That they durst do more than so and would not indâ—re destruction of Religion Numbers of people thronging into the Room the King removed the people seduced by Lindsey and others some said arm others called out to bring forth Haman others cry'd out the sword of the Lord and Gideon And with much adoe to appease the peoples rage at they knew not what The Lords and Ministers meet propose Articles to the King and whilst they design who shall present them each one refusing The King and Councel remove out of Edenburgh into Linlithgow Ordering a Proclamation to signifie the reasons of this departure the Town being unsafe for his person and Council and unfit for the administration of justice by the late in sufferable Tumults commanding all Lords of session Commissioners c. and their Deputies to remove out of the Town of Edenburgh and be in redinesse to that place they should be after assigned And the Noblemen and Barons to withdraw to their own Houses and not to covene or Assemble under pain of the Kings displeasure The City is amazed with these proceedings not knowing what to do or whom to trust unto The Ministers night and day restlesse to get subscriptions and to covenant to call in certain Noblemen of note Hamelton Backlugh and others Fast and pray and preach what stuffe best befits their projects one amongst many others Iohn Welch takes his theam the Epistle sent to the Angel of the Church of Ephesus rayl'd against the King who he said was possessed of a Divel and one Divel the King put out seven worse are entred in That the Subjects might lawfully rise and take the sword out of his hand by example saies he Of a father faln into frenzie might be bound hand and foot by his family from doing mischief Yet this execrable doctrine was received by some nay they preach that the Earl Arrol had come to the Ferry with four hundred horse the day of Tumult but the rising of the people as a providence of God for good scattered his forces in fear of the Town so prepared And being Masters of all they undertake to send Messengers to the Earl Hamelton with letters that the people animated by motion of Gods spirit had taken Arms with the patronage of such Godly well affected Noblemen and Brethren then at Edenburgh for the cause of God Only they wanted a Head an especial Nobleman to countenance their cause And having made chioce of him they invite him to Edenburgh with all convenient speed and thereby to signifie his affection and to accept the honor which the Church of God had offered unto him It was writ and subscribed by Bruce and Balcanquall and sent to Hamelton who receives the Messenger with all shew of kindness and seems to prepare his journey for Edenburgh but by the way better advised he turns to Linlithgow and presents the King with the letter who wondered at the modesty of the man accounted more ambitious than to neglect such a rise to tempt his humour by whom had the letter taken effect it might have caused strang Rebellions when the Church had begun to act their part with so much power a bloody issue alwaies following the pretended zeal for Religion as the most part of Christendom have felt the miserable effects and great Britain most of all The insurrection and letter made work for speedy Counsel to act for the King and the Provost had order for imprisoning the Ministers who got loose and fled to New Castle in England The Town send Commissioners to purge themselves protesting their Innocencâ—e and offer their obedience for repairing the indignity and dishonor done to the King but served not for their purgation for the next day the Tumult was by the Counsel declared Treason and the devisers Actors and Partakers to be Traytors Edenburgh smarted for all the inhabitants in fear of desolation the law-Courts removed to Lith the Session to Perth the Ministers fled the Magistrates dispised and all men without the walls their enemies And again most humbly supplicate the King with the best excuse for themselves The King told them that he would proceed with them
treacheries worrying the Iesuits with no success scattered some tales that King Iames favoured Papists and despised the Queen who had sight of some Letters in truth indited by the villany of his Secretary Elphingston and the Kings hand counterfeit and Seal to the same and seeming to confirm it they had hired a notorious Villain in England one Tomas condemned for Theft and to unburthen his conscience pretends to reveal a secret and accuse the King in some generals but never revealed any yet was the wretch reprieved and though her wisdom knew well the malice and cunning contrivance of these Plots to clear her belief she sends Bows Ambassadour to the King and by Queries she examples her affection to him before any other and expects no retribution but by him the glory of God and not be wanting to himself The King knew no better means to suppress the credit of false rumours than by his own pious practice in Religion by outward frequency in the exercises of Prayer and Preaching duly performing and executing his Justice and Mercy with such wisdom and piety as made his virtues thereby more transparent to the common view and sense of all men He wisely gave way to divers Books publishing his right of Succession to the Crown of England with Arguments and Reasons of the benefit and advantage to the people of both Nations that in pious policie his intentions would be hereafter to force Ireland to Religion and to continue War with Spain He numbers his then princely issue as the defence of State his power and strength to oppose Enemies the good affections to him of Christian Princes and proposes miserable Examples of Usurpers Whilest Bows was about his business at Court he findes an Englishman Ashfield bold enough to bid himself welcom besides his merit for his brave Present some hunting Horses for the Kings Saddle but in his journey it seems over-saucy with the English Warden or rather suspected as a Spy to carry Tales to the King however Bows had direction to teach him the Ambassadours craft and enticing him by his servants to Lieth was in his drink coached away to Barwick The King takes this indignity offered to himself secures the Ambassadors lodgings and se nds to Barwick for release of the Prisoner The Governour excuses that demand not to demit him without the Queens pleasure And so disputes grew high with the Ambassadour as injurious to the honor of both Crownes which he denied and turn'd the fact upon his men without his knowledge but this was Mentiendi facultate and the King not vouchsafing him any more Audience he departed much discontent Sundry disputes were sawcily maintained concerning the Kings Title to the Crown of England Besides the discourses oppugning Amongst many Iohn Colvil Minister published his Recantation in print and stiled the Palionode of John Colvil c. wherein having confuted the contrary reasons he professed That Malitiously in time of exile as you have heard he had penned the Treatise which now out of conscience he recants Some say that he was not Author of that book which he appugned only to get favour of the King he professed the work that had come forth without a name and was then accounted a Pithy and perswasive cunning discourse of that subject At this time was published the K. Basilicon Doron directed to the Prince upon this occasion Sir Iames Semple servant to the K. and Amanuensis therein lent the copie to Andrew Melvil Minister who misliking so much ruth which touched the Ministers copie-hold in their discipline tdispersed several transcriptions amongst the Brethren and thereupon a Libell was framed and cast in before the Synod of Saint Andrews with such exceptions as they pleased to set down It was asked what censure should be inflicted upon him that had given such instructions to the Prince and whether he could be well affected to Religion that had delivered such precepts of Government The Kings Commissioners in the Synod apprehending the Libell to concern his Majesty whom they knew to be the Author of the book inquired for the Presenters And all pretending ignorance the Commissioners shut the doors and purged each one by oath yet was it prooved the next day to be Iohn Dikes Minister who in fear of the Citation before the Council fled and was denounced Rebell And Hereupon rumors were hatched how prejudicial these directions were to the Church But to satisfie the truth the Book came abroad and was carried into England with admiration of all men to read the Kings piety and wisdom Heretofore somewhat doubted by the deceipt of certain discourses which now were sure to be replied unto and evermore somewhat of Consequence for the Kings just title to the Crown of England By which and his continual disputes and reasoning with learned men of all knowledg He in truth soon became royally famed through Christendom and more effectual with her whom he was to succeed Her self grown very studious and retired and because she excelled in languages she translates out of French and Latine Salust and Horace which she writ with her own hand and extant And in this general Assembly of the Church a politick Ordinance was published To have the next year begin at the Calends of Ianuary and from thenceforth for ever For before that time the year was reckoned as in some other Churches from the 25. of March And now disposing votes for the Ministry in Parliament I shall close up the yeer with the pitifull discovery of the State of Bishopricks and how farr this godly Kirk had incroched upon them So that there rested no more but to Nominate perons to the Bishopricks that were voyd Aberdeen and Arguile had their own Incumbents at the time both actuall Preachers Saint Andrews and Glascow were in the hands of the Duke of Lenox Murray was possessed by the Lord Spinie Orkney by the Earl of Orkney Dunkeld Birchen and Dumblane had their own titulars but were not ordinary Preachers Galloway and the Isles so dilapidated as scarce to be remembred that ever they had been Ross and Cathnes some provision were left And so we return to England The Queen much perplexed the Irish Rebellion mightily increasing and that Nation in lamentable condition by Ter-oen or Tyrone and others though but lately broken out and how to quench that fire was her and her whole Councils continual care And therefore they consider of present forces to be sent over extraordinary under command of a Generalis sâ—mo for that expedition And after some debate the Earl of Essex was markt out by the Queen to that purpose though Secretary Caecil hated him to the death His wit made him equal to mate the others greatness and never left untill he brought him to the Block with the weight also of his own wicked desert Give me leave to let in the Reader with some reasons why and how Essex and Caecil whom Authors make Antagonists had several
no third person admitted and a guard of Horse kept all men off from hearing Considering the former Message by Knowd what construction can this secrecie produce but great surmize of the height of Treason and yet though Essex was not arraigned for his Irish actions his latter in London sufficient let me relate what is testified in pursuance of this in the designes of Essex On Tyrones part it fell out That the very day that Essex returned to the Queen Tyrone told Sir William Warren at Armagh That within two or three Moneths he should see the greatest and strangest alteration that could be imagined and that himself hoped to have a large share in England And unto Bremingham he said That he had promised ere long to shew his face in England little to the publick good thereof Thomas Wood Confesses That the Lord Fitzâ—orris in Munster about the same time told him That Tyrone had written to the Earl of Desmond so called that the contract was That Essex should be King of England Tyrone Viceroy of Ireland and should assist him in England with 8000 Souldiers With which agrees the answer of Tyrone to Mac Roories letter That Essex had agreed to side with Tyrone and so be ayded by them all towards the Conquest of England The general opinion and discourse of the Rebells That Essex was theirs and they his and that he would never relinquish the sword of Ireland till he was Master of that in England Tyrone after the parley grew proud and secure into strange progresses visitations homages of his confederates as of a new spirit and courage Essex presently thereupon having retired thoughts became melancholly as of doubtfull ambition and secretly imparts himself only to the Earl of Southampton and Sir Christopher Blunt Resolving to go into England with 2. or 3000. choice of the Army to make good his landing at Milford Haven so gather power march to London and make his own conditions They diswade him from the hazard and odiousness of the design but rather to draw out 200. of the most resolute to make sure of the Court and so to follow the effect And accordingly over he comes his Company in a muze of his intents he publisht his pretext to them by the efficacie of his presence to draw the Queen to confirm his Articles with Tyrone But in great choler as to dispute or Revenge and without leave from England He leaves his command to a Lieutenant and lands with 100. Gentlemen his best confidents hastens to Court ere it was known to any but to his dear Uncle Sir William Knowles Controuler of the Queens Houshold to whom he writes Dear Uncle Receiving your last at my entring on shipboard I return you this accompt at my landing being resolved with all speed and our silence to appear in the face of my Enemies not trusting a farr off to my own Innocencie or to the Queens favour with whom they have got so much power At sight of him with amaze the Queen swore Gods death my Lord what do you here your presence hatefull without Tyrones head But he falling more to a dispute than any excuse she in disdain to be taught but what she pleased to do bid him he gone his boots stunck So was he commanded to his Chamber at Court for some daies thence to the Lord Keeper til neer Easter after then to his own house under custody of Sir Richard Barckley til the end of Trinity Term so by degrees of restraint to win him to repentance the Queen said that he was young enough to amend and make amends for all Yet to repress seditious libels dispersed in his Justification and to observe a form of justice ere she gave him libertie There were associates unto her privy Council some chosen persons of the Nobility and judges of the Law to examine his breaking of his instructions in Ireland his treating with Tyrone and leaving his Government coming over without leave nay expresly contrary to his command under her hand signet With limitation not to be charged with disloyalty nor to be questioned publickly in Starr Chamber which upon his most penitent letter he desired to be spared and to be heard at the Lord Keepers house The sentence was then no more than suspension from some of his Places for he called God to witness He made an utter divorce with the world and desired favour only for a preparative for his Nunc Dimittis the tears of his heart having quenched in him all humors of ambition Upon which in few daies his Keeper Barckly was taken from him with this admonition That he was not altogether discharged though left to the guard of his own discretion He had taken into his service as chief Secretary in Ireland and long before one Henry Cuff base by birth a great Scholar of a turbulent and mutinous spirit This fellow a Moneth after his Lords liberty practised with Sir Henry Nevil lately Lieger Ambassadour with the French King and now newly come from Bullen Insinuating as a secret That the breach of the treaty of Bullen was like to light upon him By Cuff it was first concluded that ancient principle of Conspiracie To prepare many and trust but to few and after the manner of Mines to make ready the powder place it firm and then give fire in the instant The first of Nobility was Wriothsly Earl of Southampton and some others of quality and with Profane policie to serve their turns with both factions Papist and Puritan Essex his outside to these professing Hypocriticall zeal and frequent Sermons To the other as to Blunt and Davis his inmost secrecies for Tolleration of Religion And thus he spent Michaelâ—as Term. Towards Christmass there passed a watch-word amongst his associates That he intended to stand upon his guard a double sence as of circumspection or force But in truth not to be cooped up with restraint The time of execution was Hilary Term when by invitation or business the Town would fill with his friends But in Candlemass Term they fell to consult at Drury House where Sir Charls Davers lodged a man obliged unto him for his pardon about the Murther of one Long. Sir Ferdinando Gorges Governour of Plymouth sent for by his letter not to fail before the second of February Sir Iohn Davis Surveyor of the Ordinance his former servant And Iohn Littleton a man of wit and valour Their consultation rest upon three parts The perusal of a List of confederates How to act Distribution of each mans action The List was 106. Noblemen Knights and Gentlemen of Essex own hand writing The action was in two Articles Possessing the Tower Surprizing the Q. Court In which was deliberated what course to hold with the City towards effecting the surprize or after The Tower would give reputation and security to the Action by means of Davis but most of the rest were jealous that whilst they built
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
Law Act for a New-River-water to be cut from Chadwell and Amwell springs in Hartfordshire to London And the King grants the People a General Pardon with the usual Exceptions And now also was framed a form of Oath called an Oath of Alleageance for distinction of good Subjects in General from unfaithfull Traytors but especially to make separation of the Popishly affected yet with Natural duty unto Sovereignty And the Oath was thus in effect That King James is lawfull King of this Realm That the Pope may not depose him or dispose of his Nor authorise any other Prince to invade him or to discharge any of his Subjects their Alleageance or to beare Arms against him And that notwithstanding any Act by the Pope or other authority he will bear faith and alleageance to his Majesty and will disclose all Treasons and Conspiracies against him and doth abhor as impious that any Prince deprived by the Pope may be deposed or murthered That the Pope nor any other hath power to absolve this Oath and renounces all pardon to the contrary without any equivocation or mental reservation whatsoever so help him God c. And accordingly sundry both Priests and Laiks did freely take the same when suddenly comes over a Breve from Pope Paulus quintus Inhibiting utterly all Papists from taking the same rather to endure all Torments nay death it self Rome October 1606. And the next year another Breve confirming this September 1607. And accompanied with a Letter of Cardinal Bellarmine unto George Blackwell the Arch-Priest of the English being then in some bonds whom therefore the Cardinal suspected would take the same as he did To all these the King most learnedly gives answer and in six days compiles and publishes in print an Apologie for that Oath and in a week sets out a Monitory Preface to that Apologie and solemnly presents it by Ambassy to the Emperour and to every King and State in Christendom as a peculiar concernment to all and each of them in the due temporal Obedience of their Subjects And herein the King instances Examples of several Emperours requiring Obedience from Popes Creation of Popes ordaining their Seat and Dignities and of all Bishops with Anathema against all such as disobeyed their Sentence as also deposing of Popes Hereupon the Venetians maintained that doctrine in their writings and put it in Execution The Sorbons did the like in France And those writers of their own that opposed it were so over-lashed as that they were corrected and castigated by Men of their Religion Becanus his book corrected by the Cardinals of Rome Bellarmines book burnt at Paris Suares his answer burnt also in France Certainly by this his Majesties premonition Kings and Princes had a more perfect discovery into the injury offered to them by the Pope in the points of their temporal power and it followed to be throughly disputed in Christendom by this occasion of the King This the King did for the present But there was a swarm of busie-heads that measured the mysteries of State by the rule of their own conceited wisdomes gave Arguments to suppress the Popish practises by Executing all their Priests The reasons may be gleaned out of their rash opinions That a dead Man bites not that mercies offered for a desperate Malefactor do but enlarge his adventures against King and Countrey That a hard hand suddainly remitted is seldom by the rude people interpreted to the best sence No hope of reformation where there 's no confession of the fault and to banish them may be supposed a meer shift to rid the Prisons of those whom Conscience could not condemn of Crime whilst Justice seems to sleep the time serves to raise factions for fearfull Spirits by sufferance grow insolent and cruel And to the Exceptions of their small Number it was argued that Union in a prepared conspiracie prevailes more than Number If that the Oath of Supremacie heretofore choked not their presumptuous imagination nor now can the temporal power of the King contained in the Oath of Alleageance preserve us or deter them A Popish Priest his Character is a disloyal Renegado Delinquents in lesser degrees may challenge easier punishments and so be incouraged The penalty to be executed on them they scandall by pretending the conversion from the Kings Exchequer to Our private purse That being restrained will prove like Bonner and Gardner in the time of Queen Mary seeing most men write good turns in Sand and bad in the Marble That the Jesuits divide the English into four Sects Themselves first and assume a full fourth part to their property and of that part they subdivide into two portions viz. The rigid non-Conformists and the Church-Papists The Second they allot to the Protestants who detain say they some of their Relicks The third and largest was left to the Puritans The last to the Politician senza diâ— senza anima The first then being assuredly theirs the last we will afford them also and therefore the safest way to prevent Combination is to make them hop headless The Presbyter indeed would hang them all but this Counsel most unchristian To answer them it was urged That although death be the end of Temporal misery it is not the grave of memory Justice may execute the person but his opinion made publick it is not subject to the sword where poyson is diffused through the veins of good and bad blood Evacuation is better than Incision Clemencie is divine and works supernaturall effects though they merit by suffering and though Bellarmine Parsons provoke them to thrust their finger into the fire by refusing the Oath of Alleageance yet the wisest of them had rather see others act then themselves feel the smart That Garnet lamented that he should not be inrolled as a Martyr because no matter of Religion was objected yet he would gladly have survived that Glory if any such hopes had remained The English exceed the Romans in zeal of Papistry and are naturally better fortifyed to indure death If so that terror prevails not Religion and Conscience less Visne muliebre Consilium said Livia to Augustus let severity sleep and try what the pardoning of Cinna will produce That death of Priests assures more to their Sect then ever their words could perswade and though such are but counterfeit Martyrs yet will they be otherwise so reputed by those that lay their Soules in pawn unto their doctrine with whom multitude of voices cry down our contraries for the Gate of their Church is wide and many enter therein And as uncharitable are these that would imprison them perpetually and that the means to catch them was to have good Intelligence beyond Sea and at home Sir Francis Walsingham had of his so active that an English Seminary could not stir out of Rome Spain or Flanders their several Nurseries without his privity and so forewarn'd they may be catcht at our ports and removed to prisons and
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
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 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
his supply All eys of forein statutes are upon this affair Either they are unwilling to help him or his state desperate not to be repaired or that they part in disgrace with the King or he in distast with the Parliament our reputations were bred abroad and at home the abilities of retribution to Neighbour Princes of good or harm works much respect A King contemned brings War too late then to be supported things foreseen are soon remedied Meddle not with too much business at once qui trop embrasse rien estreint And recommends to them necessary things Religion Papists increase as if some New plot the feminine sort so proud that as men say they are not to be medled with It is surer to remove the Materials of fire then to quench it Nam levius laedit quicquid praevidimus ante He means not stronger Lawes but better Execution Nor does blood and too much severity severe persecution makes but the gallantness of many mens spirits more than justness of the cause to take a pride to die in repute of Martyrs To clear some obscure doubts in taking the oath of Allegeance who ought to be pressed therewith Let all Recusants be presented without exception and brought under the law To wink at faults is neither Honor nor Mercy in a King but to forgive after Tryal may be Mercy dividing them in two Rancks Old Papists Queen Maries Priests and those that never drank other than what they suckt of their Mothers milk Secondly Or such as do become Apostates from our Religion upon discontent or idle humour new form as a new fashion he pities the first if good and quiet Subjects and may be civil and conversable But for the other Apostates they must expect no favour but Justice and so that these Papists be no longer concealed In the Common-wealth He recommends the framing some New statutes for preservatives of Wood which was the worse liked of you the last Session because I put you upon it then so necessary as not to be without it It concerns their Esse the most Necessary Elements Fire and Fuell Their Bene Esse decay of Wood decay of Shipping The security of this land is from the Sea as a wall and by the Sea wealth Out-going and In-coming of commodities If you will add pleasure Hawking and Hunting some of them may be of his minde in that too and preferre Game almost destroyed He thought them but little for their last law annent Partridges and Phesants that every Farmer may destroy them in his own ground So that if my brede fly over the hedg to his close they are at his pleasure the onely remedy to cast a Roof over all my ground or put his Vervels on all Partridges as on his Hawks so to be known by his Army And for their law against stealing of Dear or Conies After their tedious discourse and prohibition they conclude with restriction onely to stealers in the Night Like the Lacedemonian Law against theft not forbidding it but to do it cunningly whereupon the foolish Boy suffered the Fox to gnaw his heart through his breast Like the lesson of the Canon Si non castè tamen cautè Exclaims also against the Gentlemen that hunt not for sport but ravenly with Nets and Guns destroy the Game And ends as he began the mirror of his heart 1. Which may be abused with a false light to mistake or misunderstand him 2. Not to soil it with foul breath and unclean hands not apt to pervert his words with corrupt affections like the toll of a Bell to some mens fancying what it tincketh that he thinketh 3. Glass is brittle if it fall to the ground it breaks to contemn his heads is not to conform to him But he hopes with Gods blessing all things will end well so farewell And for this the Kings good Counsel to his Law-makers they rewarded him with one Subsidy and one fifteen which came to one hundred and six thousand one hundred sixty and six pounds These times of plenty intice the Gentry to spend at London where the concourse of people raised the house rents Prices Markets and robbed the Countrey of their commerce in the Neighbourhood of the wealthy House-keepers for refreshing the poor discharging that burthen which it brought upon the Commons as hath been said To restrain them another Proclamation forbids all new buildings within two miles of London This and other the like Inconveniences not giving leasure to the Parliament to advise upon remedy the Council-Table took care to rectifie And therefore hereabouts began the frequent necessity of publishing Proclamations which were cunningly carped at by such as could not endure that any Commands should come forth without license of the Lower-house And not only now and heretofore but from time to time during this Kings Reign the new buildings increasing in and about London were endeavoured to be suppressed the chief Justice Popham and all other succeeding resolved in opinion their great Nusance to the whole Kingdom like the spleen in Man which in measure as it over-grows the Body wasts the Countrey must diminish if the City and Suburbs so increase not bringing wealth but misery surcharge to them and the Court and therefore at Christmass the Gentry were commanded into their Countrey to keep Hospitality then and after Peace and plenty with us taught our Neighbours to court their own necessities into a blessing also and humbled the High-spirited Monarch of Spain to descend to a Treaty for a Truce with his Rebell-Subjects held so in former dayes the United provinces of the Netherlands which in much policie he soon concluded not with very religious resolve on either part longto continue for the Dukedome of Cleve descending to nice point of dissention between two neighbor Princes Pretenders Brandneburg and Newburg The house of Austria quarrells his Interest also and got hold of the strong Town of Iuliers The French K. evermore near at hand to draw back any advance to the swelling greatness of Spain was a ready friend to assist the Dutch who liked no such Neighborhood and K. Iames not unwilling to adjoyn his countenance and forces out of the General Interest of all states to ballance the over-powring of Neighbor Nations he being always more ambitious of hindring them for invading one the other than under any pretence of Title or revenge apt to question or conquer upon any others possession and all three not staying any further dispute or delay of a Treaty therein with a threefold Bond of an Army besieges the Town and with little difficulty took it for the right owner But what other Interest King Iames had in this quarrel I know not unless upon the old score of affection to a kinsman of the Scots and a suffering Prince The Duke of Guelders and Iuliers of whom this Duke was descended had been ancient and Magnanimous Kings of Saxonick-frizeland for many ages The younger Brothers of that
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
that were grieved or interessed for not having performed the combate when he shall see the rule of State dis-interest him of a vain and unnecessary hazard Secondly This evil must not be cockered The compounding of quarrels is grown so punctual by private Noblemen and Gentlemen who is before hand and wholly behind hand It countenances Duels as if therein somewhat of right The most prudent and best Remedy may be learned out of the Kings Proclamation The false conceated humour must be punished in the same kind In eo quis rectissime plectitur in quo peâ—cat such men to be banished the Kings presence and excluded the Court for certain years to be cast into that darkness not to behold his Sovereigns face Lastly We see the Root of this offence is stubborn for it despiseth death the utmost of punishments and therefore these men to be executed by Law without all remission The severity of France had been more where by a kind of Marshal Law established by the King the party surviving was instantly hanged their wounds though bleeding least a natural death should prevent the example of Justice Or if not so to do but with greater lenity yet of no less efficacy which is to punish by fines in Star Chamber the middle acts and proceedings which tend to the Duel 3. Now for the Law of England It is excepted against in two points Not to difference between an infidious and foul murther and killing upon fair terms as they term it The other Not providing sufficient punishment for contumely of words as thely and the like These novelties are thus answered The Law of God makes no difference but between Homicide voluntary and involuntary which we term Misadventure and for which there were Cities of Refuge Our Law hath a more subtil distinction The Will inflamed and the Will advised Man-slaughter in heat and Murther upon Malice or cold blood The Romans had restrained this privilege of passion but onely where the Husband took the Adulterer in the manner Yet Cain inticed his Brother into the Field and slew him treacherously but Lamech vaunted of his Murther To kill a young man and if it were but in his hurt So as the difference is between Insidious and Presumptâ—oâ—s Murther these of Cain and Lamech Greece and Rome had not this practice of Duells It is said fas est ab hoste doceri There was a Duel between two eminent persons of the Turks and one slain the Council of Bashaes reprehended the Other How durst you undertake to fight one with the other are there not Christians enow to kill Did you not know that whether of you were slain the loss would be the great Seigniours T is true we find Combates before an Army amongst the Romans which they called Pugna per provocationem between Generals themselves or by their license to others So David asked leave when he fought with Goliah And Ioab when the Armies met gave leave Let the young Men play before us And of this kind was that famous example in the Warres of Naples between the Spaniards and Italians where Italians prevailed The second combate is a Iudicial Tryal of Right introduced by the Gothes and the Northern Nations and more antient in Spain But yet a wise Writer saies Taliter pugnantes videntur tentare Deum quia hoc volunt ut Deus ostendat faciat Miraculum ut justam causam habens Victor efficiatur quod saepe â—ontra accidit Nay the French folly in this kind had it in Toleration never authorized by Law but of late punished with severe rigour As for the supposed defect in our Law for Lies and fillips words of denyal and flea bites to murther a man Solon's Answer satisfies That he had not ordained Punishments for it not imaging the world so phantastical to take it so highly The Civillians say that an action of injury does not ly for it Indeed Francis the first of France gave the ly to the Emperour and in a Solemn Assembly said That he was no honest man that would bear the ly The Laws of England had onely these degrees of injury Slander Battery Maime and Death But as for a fillip Consalvo said A Gentlemans honour should be De tela crassiore of a strong warp Now for the power of this Court to censure Presidents have been in the Minor Whartons case P lt where Acklam Defendant servant to Elleckars was fined for carrying his Masters challenge but by Word of Mouth And it was concluded to prosecute in these cases against such As shall appoint the field though the sight be not acted Send challenge in writing or message Shall deliver either of them To accept or return them To be a second To depart beyond Seas to combat To revive a quarrel by sâ—andalous bruits or Pasquils Counsellers of Quarrellers And that a Man may in those cases be as well fur de se as felo de se if he steal out of the Realm to fight he doth Machinari contro Coronaâ— But let us remember Scotland We have forewarned the Earl of Orkneys mis-behaviour in Scotland which of late so increased as he was again sent for and committed Having rioted most of his Estate the remainder was mortgaged to Sir Iohn Arnots of whom the King purchases his Interest by which means he might the better give relief to the distressed Tenants from oppression The Earl now in Dunbarton Castle with a Noble a Day pension for his Maintenance had information how his Estate with his Castles Kirkwall Birsay and other his Houses and Lands in the Isles were rendered to the Kings Sheriffs He endeavouring first to escape but not effecting sends his base Son to get forces and to expulse the Possessors He does so with some loose people assaults Birsay and takes it wherein he puts a Garrison of thirty men and hastens to Kirkwall seizes that also This Insurrection comes to the Kings knowledge and hastens Commission to the Earl of Caithness Lieutenant of those bounds who with his Canon recovers the Castles in 6 weeks and those within made Prisoners Robert Steward the Earls base son and four more principal Actors were arraigned at Edenburgh convâ—ct and hanged The Earl as Accessary came to Tryal being indicted for causing his base son to surprize Kirkwall and Birsay inciting the people to Rebellion and detaining the Castles treasonably against the Kings forces He was allowed Prolocutours Lawyers of the best esteem who deny the Libel as they call it but the confession of his base Son and Others with his missive Letters written to one Iohn Sharp for detaining those Castles and a charter of certain Lands assigned by him to one Patrick Haloro for assisting the Rebels the Assize of Iury being his Peers Earls and Lords found him guilty of Treason and he presently executed at Edenburgh The end of Patrick Earl of Orkney Son to Robert Stewart one of the base Sons of King Iames the fifth for he had others
contribute and did the Lords and others by which he might have experience how they could serve him that served themselves so well the building up of their own fortunes and factions had been their diligent studies and his service but the exercise of their leisures And this Benevolence came but to fifty two thousand nine hundred and nine pounds out of their purses Which yet madded the ill-minded men Pillars to the Kingdomes Liberties alwaies plotters to the Kingdomes Miseries Who being ashamed to be out-done in honesty and honour they justly drew upon themselves a Mark of Malignancy and so needed not otherwise to be noted by giving in their names as is pretended And yet they would be medling devising poor Arguments to pretend it against Subjects Liberties though accustomed evermore by examples of all former Sovereigns But to tell our Historian how antient the custome of Benevolence hath been ever since the Statute of 20 Henry 8. that united Wales and England together and to send their Members to sit in Our Parliament where a motion being made in the House of Commons for a Benevolence to be freely given to that King an honest Knight for a Welch County made answer Mr. Speaker This word Benevolence is a pretty Word but I understand it not Yet sure it is something His Highness should have If it be so in Gods Name let him have it the sooner the better and so may deserve thanks else it will not Thus it was then but now it is held to be Against Law Reason and Religion and Injustice and Impiety to be accepted And because his whole Reign was necessitous and the want of money for him to be liberal was his disease I think fit to say somewhat here in excuse to all the future ayms and ends which he took to get money which answers the third way of Improvement There was much ado in Council to advance the Crown by several waies of Improvement By grants in Parliament wherein the King made some Tryal so be it examined from former examples whether or no their bounties exceeded his Merits Some advised him to fall upon Acts of Resumption of Lands Offices and Annuities unadvisedly or profusely bestowed by his Predecessors or himself upon undeserving persons which have been usually done by former Presidents of Princes Ubi necessitas Regis cogit But this his Noble heart disdained Indeed it was wicked Counsel to work upon his Necessity thereby to make him odious to his meritorious Servants and good Friends Did he ever do as others Henry 3. to his Subjects of whom one saies Quicquid habuerunt in Esculentis et poculentis Rusticorum erâ—im Equos Bigas vina victualia ad libitum cepit He made tryal of Voluntary Lones or Benevolence by Privy Scal which was neither burdensome nor dishonourable being so petit in the Purses of the ablest Subjects But Compulsion I know of none unless you call the Star-Chamber to the accompt the Mulct and Fines of great Offenders and perhaps adjudged by that Court to some value as the Crime deserved which might be suspected in favour for Support of the Kings occasions Yet you will find when such happened it was in the excess of unparallel'd crimes not in other Courts of Iustice lyable to examination or punishment which as it was in Terrorem populi so now in these our later daies being suppressed in favour and liberty of the Nation the wickedness of sinfull man takes freedome to offend in such horrid waies that nought but some such extraordinary course of Justice can possibly reform Pawning of Iewels and Plate had been frequent by all former Princes and that not in ordinary waies Aurum Iocalia faenetri sancti Edwardi Confessoris Vasa aurâ—a diversa Iocalia Nay Magnam Coronam Angliae Yes and Queen Elizabeth did it and no more need than He but he did not To assign Customes and pawn the next Subsidies to be granted hath been a device to draw on supplies the sooner Which he refused The Privy Seal indeed he made use of but very moderately in comparison of former Presidents if you examine the Records and Rolls of willing Subjects bountiful assistance Compulsory Waies have been Presidents to necessitated Princes exacted from Merchants-Strangers or to be committed to Prison and the English Subject little better favoured What will you say of Henry 8. ten per centum of all Goods Iewells Utensils and Land extremely rated per Sacramentum Suorum In that rank may be remembred a Custome called Liberalitas populi Curialitas ex voluntate nec de jure potest But in the gathering by Commissioners such threats were used as was little better than the violent and was customarily reduced down to Queen Mary indeed Queen Elizabeth had a little better cunning way to cozen them the more returning their bounty back again until they doubled the summ There is a Statute To compell Subjects to attend the Kings Service which was repealed by Queen Mary and that again repealed by Parliament of this King of which truly he made no other advantage than to send half a dozen refractory Puritans that troubled the State of his errand into Ireland and yet paid them good salary for their pains which had been usuall heretofore in the like case at their own cost Trading themselves I could shew Presidents for this also of other Princes engrossing trade of Commodities as one did with all the Wools at a long day and a narrow price and sold them over Seas with great gain The like of Tyn Corn nay bind all men to trade their staple to one certain place and yet themselves to places of more advantage And this was the glory of Queen Elizabeth stoop'd unto and took occasion to trade in when the gain was advantage though but in Strong-Beer Licensing Others also It was so ordinary heretofore to raise monies by licensing Trade non obstante Statutes and customs as that those grew to high Complaints yet necessitated Kings continued these non obstantes non obstante And this King found them in Grants for certain years in being and made no further example of them unless transporting of a quantity of undrest White Cloths to the Earl of Cumberland and some others and that upon good reason of State too Raising rates of Merchandize There will never want will in the Merchant to abuse each other and gain to themselves and therefore as all Princes have occasion and the increase of commodities requiring do raise the Rates and this was done cum consensu Mercatorum but of late the just Prerogative imposed it where the Merchants gain might give way if you could conceive it convenient to their conscience ever to acknowledge any gain sufficient Causa honesta sit ut necessaria ratio facili tempus idoneum Letting Customes to farm He did so some murmured grieving the Subject to pay Custome to the Subject but do they serve the
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
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
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
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
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
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
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
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
Parliament for now being put to it they are hide bound and yet have an excuse That the King meant not to fight for they were afraid he was forward in the Match with Spain and trusted rather to treat that way and therefore intend not to assist him with Money for a War abroad nor support of his Wants at home But to shadow over their resolve they prepare to expostulate these distempers and lay down a pretended way to the Remedies which the King understood by some of their own ashamed to assist in such thwarting courses when necessity at home and honour abroad called for speedy redress And therefore the King in disdain to attend their slow Motions leaves them to their lazy Committee and whilest they are hammering out a Remonstrance he took no leave but went to New Market And there with regret of the unking Parliament together with the Miseries of the Reformed Churches in Germany the persecution of the Protestants in France besieged in Rochel and Montauban the one by Count Soissons and the Duke of Guise the other by that King and Doncaster sent thither Extraordinary to mediate the Peace which King Iames could not fight for with like Success as usually words have prevailed with Swords The King I say fell into deep discontent Notwithstanding our Calumniator here as in all other the like places Loads the King with the loss of all for not fighting without men or money If the Kings spirit saies he had been raised up to a War when the voice of God being the voice of the People called him to it it might have hindred the great effusion of blood amongst our selves that happened after in his sons time The consequence of all our sequel Miseries he derives from this King which truly then and after came from the Houses of Parliament The King not so far off but had his spies and Intelligence with a Copy of the Remonstance and thought to save them the labour in a Letter to the Speaker Sir Thomas Richardson Mr. Speaker WE have heard to Our grief thaâ— Our distance from the Parliament caused by Our indisposition of health hath imboldned some â—iery and popular Spirits of the Lower House to debate Matters above their Capacity to Our dishonour and breach of Prerogative Royall These are therefore to command you to make known to them that none shall hereafter presume to meddle with any thing concerning our Government or Matters of State with Our Sons Match with the Daughter of Spain nor to touch the Honour of that King or any other Our Friends or Confederates Nor with any Mans particulars which have their due Motion in Our Ordinary Courts of Iustice And whereas they have sent a Message to Sir Edwin Sandis to know the Reasons of his late Restraint you shall resolve them It was not for any Misdemeanour of his in Parliament but to put them out of doubt of any question hereafter of that nature we think our self very free and able to punish any Mans misdemeanours in Parliament as well sitting there as after which we mean not to spare hereafter upon any occasion of any mans and if they have touched any points which we have here forbidden in any petition of theirs which is to be sent to us tell them except they reform it we will not daign the hearing or answering New-Market Decem. 3. 1621. Iames Rex But on the Parliament will yet to sweeten the bitter Pill they accompany another Remonstrance with a Petition to this effect they are put together Most dread and gratious Sovereign VVE your most humble and loyal Subjects c. in the Commons House of Parliament full of grief c. through the sense of your Majesties displeasure expressed by Letter unto our Speaker and read unto us yet comforted with assurance of your Grace and Goodness to us and of the sincerity of our proceedings In all humbleness c. beseech the King That their Loyalties may not suffer by mis-information of partial Reports but rather to understand from themselves what their humble Declaration and Petition doth contain the occasion of their consideration of what is therein contained and their intention They beseech his Majesty not to give credit to private Reports against all or any Member until they inform him and that they may stand in his Majesties good opinion The Remonstrance runs thus in effect That upon their last re-assembling His Majesty did by three Lords impart to them these particulars following That notwithstanding the Kings piety to procure Peace the time is now come that Janus Temple must be opened No hope of Peace nor Truce Either the King must abandon his children or ingage in a War and so to be considered what foot horse and money sufficient That the Lower Palatinate was seized by the Army of the King of Spain as the Executor of the Ban then in quality of the Duke of Burgundy as the Upper part was by the Duke of Bavaria That the King of Spain had five several Armies The Princes of the union disbanded the Catholick League remains firm to the ruin of the others whose estate was miserable And That out of these considerations the Parliament were called to a War and for supply for keeping forces together to foresee the means for raising an Army against the Spring And accordingly they did address to that service And being now invited thereto and not only to look after a War abroad but also for peace at home with the increase and insolency of Popish Recusants urge us unto The consideration hereof led them on as incident and unavoidable to touch upon the King of Spain as relation to Popish Recusants at home and to the Wars by him maintained against your Children but without dishonour to Him or any of the Kings Confederates In which discourse they did not assume to determine or to incroach â—pon the Sacred bounds of your Royal Authority to whom and in whom only it belongs to resolve of peace or War But as humble subjects to demonstrate these things to his Majesty and humbly to lay it down at his feet This being the effect of their resolves in their Declaration and Petition They humbly desire his Majesty to receive them by those their Messengers with favourable interpretation and to so much as concerns Papists the passing of Bills and granting his Pardon royal that he will be pleased to answer And concerning those General Words in the Kings Letter Not to intermeddle with Matters of Government or particulars which have motion in the Courts of Iustice may involve those things which are proper subjects of Parliamentary Discourse And that his Majestie seems to abridge them freedom of Speech and Liberty of Parliament c. they desire his Majesty to allow them the same And pray for his Majesty c. Twelve select Members are sent herewith whereof Sir R. Weston was the leading Man intrusted to read them And untill their return with some satisfactory answer they
continue yet to loose time And now of late upon our gratious Answer make more delay in appointing a Committee to consider of the points of our Answer concerning their privileges You shall tell them that to lessen mis-spent time we shall descend to explain our meaning Concerning what we said Not to allow of the stile Their antient and undoubted right of Inheritance which we wished that they had said Were derived from grace and permission of our Ancestours and Us for most of them grow from Presidents a Toleration rather than Inheritance And the plain truth is we cannot endure Subjects to use such Anti-Monarchical words to us except subjoined with acknowledgement of grace and favor from us Yet we never meant to deny them lawful privileges as in former times nor what they have right unto or hy Grace now and so we made that distinction either by Law or Statute or long Custom or lawful Presidents and so we shall maintain them in their Rights Therefore advises them to set afide wrangling and proceed to that which is fit for the weal of his Crown and Kingdom otherwise their curious shifts maliciously from time to time found out to frustrate the Kings good purposes to his Subjects will come to light and the Authors not thankfully rewarded Royston Decemb. 16. 1621. All these three several Admonitions of the Kings take no effect for any obedience to follow and therefore the King desirous not to dissolve them without some fruit addresses another Letter to the Speaker Richardson Mr. Speaker Whereas at the humble suite of Our House of Commons we made this Meeting a Session before Christmasse and so till Saturday next and by our Letters to take away mistakings we explained Our selves in points af their privileges and all to little purpose for preparing things necessary for a Session We think good once more to impart our mind that for the Reasons reiterated we have an earnest desire to make it a Session free pardon to the Subjects and good Laws to be passed as they have had both by the unusual examples of Iustice and â—ase and comforts by Proclamation The passing of the Subsidie the continuance of Statutes and the pardon being the most pressing to be effected and the pardon on his part now drawing up So it concerns them the Act for the Statutes And as for the Subsidie though time presses let that be no prejudice if left undon For on Saturday next he expects their performance that so they may go home to their habitations Theobalds December 17. 1921. Nor does this any more prevail but comes to be excused by way of Petition The Parliament return Thanks and Petition May it please your Most Excellent Majesty We the Knights Citizens â—nd Burgesses c. after your Majesties Letter read this morning full of grace and goodness do return our most humble and hearty thanks c. And though we have been desirous to have some good Laws passed and a Session before Christmass yet entering into serious Consideration of those things to be prepared and the straitness of time They humbly submit to the Kings Wisdom for their departure and for their re-access to perfect what is begun The Kings Reply The King returns them Answer How sorry he was this could not be made a Session Excuses himself by his former Advisoes and layes this blame before them to their face He had given Order to adjourn to the eight of February next And omits not to tell them that he expects other thanks then as they sent to him for his promises to maintain their privileges so often contained in his answers and letters explained and inlarged But for all that the King heard nothing though this message was delivered to them the next Morning and having plotted a Thin House and a late hour six a clock at night in December not a third part of their number They enter a Protestation for their Liberties in such dubious manner as may and did for the future serve to invade most of the Rights and Prerogatives annexed to the Crown for grounding the claim of their Privileges upon the Words in the Writ of Assembling the Contrivers of that Protestation craftily mentioned Super arduis Regni Negotiis but of purpose left out Quibusdam which restrains that generality to such particular cases as the King consults with them upon and the uncontroled customes of all times manifest For the King or Chancelour usually declares what things those Quibusdam are wherein he craves their advice and assistance And upon all which undutiful Protestation the King is justly occasioned to publish his pleasure for dissolution of this Parliament by Proclamation to this effect A PROCLAMATION for the dissolving the Parliament ALBEIT the assembling continuing and dissolving of Parliaments be a Prerogative peculiar to our Imperial Crown yet We are pleased to acquaint our good Subjects with the reasons of all Our publick Resolutions and actions intending to have made this the happiest Parliament in our time without imputing however to the Major part of the Members any want of their duty as hath been mutually exprest from either party Beginning in January with good harmony betwixt us so as many ages past could not parallell the like Their love to us our Iustice to them extended not only to private persons but even upon the prime Officer of Our Kingdome we found notwithstanding they mispent time in cavils yet we gave longer time continuing the Session till the eight and twentieth day of May then the Recess till the fourth of June Expressing that our Progress approaching the necessity of our Council to attend us the disfurnishing our Courts of Iustice so many Terms and the long absence of Iustices of Peace and deputy Lieatenants from their necessary duties in the Countrey Then we sent them word we would hear and answer all businesses at an appointed time They are notwithstanding in jealousie and expressed discontent yet made not their address to us and thereof we signified our pleasure to both Houses The Lords submitted to our Resolutions passed the Act for some especial Bills with commendation to the Commons which they neglect We therefore continued the Session for a Fortnight longer Our self in person offered to the Lords the passing Bills had thanks from them which the Commons the same day refuse The Grievances of England and Ireland though not presented to us were rectified by Proclamations in both Realms But during this time of Recess we mediated with the Emperour by Our Ambassadour Digby upon promise of assistance of Parliament in case that failed then we reassemble the twentieth of November and made known in particular all the transactions abroad yet some Members took inordinate liberty to treat of Our prerogative not fit to be medled withall of which we gave them warning And so reciting all the particular passages before-mentioned And therefore concludes whereas the Assembly of Parliament was adjourned untill the eight of February now next
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
by the King sacredly to observe Which so incouraged the Orange party as to bring all their Sea prizes into Rochel and this Contract drew in Eliz. Queen of England and all these overtures committed by the King to the Admirals prosecution Notwithstanding these publique Conditions therein the Pope sent Cardinal Alexandrine from Rome with Instructions to perswade the French King to enter societâ— with the League of Trent to make war upon the Heretiques and had satisfactory answer from the King and Queen-Mother and on the Contrary all possible tokens of favor to the Admiral and his Complices in restoring their losses with a sum of one â—undred thousand pound Sterling out of his Treasure not leaving the least action undon to amuse the Admiral into firm assurance of the Kings faithful intentions And to confirm belief purposed to affiance his Sister Margaret to Prince Henry Son to the Queen of Navar who had defended the Cause of the Religion in the late Wars and this to be celebrated according to the Reformed Religion The League between Charls the King and the Prince of Orange and Articles concluded The Mariage appointed in Paris and the Queen of Navar of the Religion repaired thither for the Solemnity The Admiral also sent for by the King to go before to Paris promising himself to follow and the Spire-Cross-Steeple called Gastignes Cross erected in the rage of the Civil War in Triumph and reproach of the Religion a Monument of Civil Dissention was by the Admirals request overthrown Great Assistance of Men and Ammunition sent to the Army of the Prince of Orange into Germany And order to the Treasurer to deliver moneys to the Admirall for the Publick Service without accompt In this Interim the Queen of Navar was impoisoned at Paris by a pair of perfumed Gloves by one Renat a cunning Apothecary and so the Kingdome descended to Prince Henry her Son who was to be affianced to the Kings Sister and the Mariage solemnized with respect to eithers Religion And five daies after the Admirall solicited the Council in behalf of the Religion and returning home with divers Noblemen he was shot by a Harquehuss out of a Window through both his Arms by one not certainly named but the Abetters were Guisets The King visits the Admiral in some danger of Death from whom he receives advice and Counsel in his private affairs and with great affection and thanks the King commanded a Guard for security of the Admirals person by Cossin Captain of the Kings Guard an utter Enemy to the Admirall and all his Friends advised to draw into the Admirals quarters to be neer to him Thus all things prepared for the purpose of a Massacre the Queen Mother summons all the Confederates with advice to spare the King of Navars life and the Prince of Conde and the Execution to be the next night early by Order of the Duke of Guise who summoned the Diziners and told them the Kings design to destroy all the Rebels of the late Wars at the sound of the Tocksein or Bell and the Mark of difference a while Cross in their hats and a handkercher about the arm The Duke of Guise with the Kings Guard and the Bastard Son of King Henry assisted by Cossins beset the Admirals house who nothing moved in respect of the Kings several sacred Oaths to peace the league with the Queen of England Articles of Treaty with Orange Faith to the Princes of Germany some Towns taken in the Low-Countries by the Kings Command the Mariage of the Kings Sister solemnized but six daies before Ingagement of Forein States shame and dishonor to the Law of Nations all was by him argued as security Cossin with others enters the house and slew all in his way the Admiral comanded his Servants about him to fly and shift for themselvs being ready himself to dy for the Church â—he Villains enter his Chamber Benuese a German thrust the Admiral into the Body and Attin a Picard shot him into the Heart with a Pistol and threw his body out of the Window down into the Court where the Duke de Guise and the Bastard and other staied to view it and so marching out cryed that this was the Kings pleasure for that the Conspirators had resolved to kill the King The Admirals head was sent to Rome his body dragged through the Streets and after hanged up on the City Gallowes with a rope by the feet and so all that day murthering and killing all of the Religion Men Women and Children The King of Navar and Prince of Conde in the Louvre were sent for to the Kings presence their Servants being all slain and so preserved all the Noblemen and Gentlemen their friends slain and the next day a fresh murthering ranged through all the Cities and all the Offices and Places of the dead presented to the Murtherers and by this Example Post news commanded all the other Places of Reformation to be so butchered throughout France â—s in Orleance Angiers Viaron Troys and Auxerre c. The King fearing the Dishonor of this base Treachery and perjury posted Letters to all his Governours of Provinces and speedy Messengers to England Germany and Switzerland of this great Commotion in France raised by the Duke of Guise and his Complices upon the Guard and person of the Admiral and his Friends with the Death of many and hazard therein of the Kings person his Mother and Brethren by the safety of his Castle the Louvre this dissimulation he was forced unto for the present and yet within two daies after declared in open Parliament that the Admirall and his Confederates had conspired his death with his Mothers Brethren and King of Navar which was prevented by the others death And this was published in print to this day and from thenceforth all publique meetings of the Religion were forbidden Some Reluctancies there were of several persons that conclude this horrid fact surpassing the memory of all former ages Others compare it with the monstrous murthers of King Mithridates who with one Messenger and one Letter caused an hundred and fifty thousand Romans to be slain some said it was like the murthers of Peter of Aragon upon eight thousand French in Sicily The difference was their cruelty was executed on Strangers this on the Kings own Subjects and Countreymen These Discourses put the King to consider how to blanch this monstrous act with some colour of Iustice. And therefore they framed a Body stuffed with bottles of Hay for the Admiralls dragged again about the Streâ—ts his Arms and Ensigns of Honour to be broken his memory by a form of â—riting condemned his Castles and Houses razed his children infamous and his Trees and Woods to be hewn down from the height of six foot One Cavaignes and Briquemaul men of excellent merit the last being seventy years of age were imprisoned and tormented for to subscribe That they were of counsel with the Admiral to kill the King and his kindred which they
indured with horrid reluctancy even of their Tormentors with great constancy and therefore they had a form of Iustice and were executed with the Halter and so was the man of Straw the Admiralls Image hanged with them for a ridiculous example first murthered and then by a mute arraignment sentenced and executed Such as fled from slaughter or were hidden in the woods were by fair words in a Proclamation promised mercy but returning home were sure of the slaughter And so throughout the whole Realm of France for thirty dayes together were so many thousands massacred that besides the unmaried there remained above an hundred thousand widâ—â—s and children well born begging their bread When all was done and wearied with slaughter The Edicts came out that the former Treaties of Pacification should cease And a form of abjuration for such as were terrified by others sufferings to renounce thâ— Religion and none to be suffered to profess other than the Romish faith Whilst these sparks of former feud lay raked up in embers by pacification at home in Scotland Bishop Ross in England and but imprisoned in the Tower as you have heard though a man full of plots and policies yet his privileges of Ambassador affording him protection for his life It being too much suspicious to send him under hand to his grave and legally they could not He was therefore released after 2 years imprisonment and packt away over seas into France in whose time of imployment here as a faithfull servant to his Queen many Co-actors were put to death others detected and imprisoned yet even with his parting he left not unattempting and was for many years following beyond seas with all the Catholick Princes in Christendome a most pestilent disturber of Queen Elizabeths quiet for not long after he delt with Henry 3. of France to turn Morton out of his Regencie and to steal the young King thither whose faction in Scotland might weaken thereby and as he grew in years with the French Tutorage his affections might decay towards the English the ancient league with the French strengthned and with England dissolved In this small time of cessation from War the Scots without cause to implore England for any ayd or relief The Governours of each Borders assign a meeting to compose differences for eithers quiet against the usuall rapines of Robbers where disputes began and quarrells followed the English were worsted and taking the neerer way fled from the fury into Scotland and so for justice to Morton whose censure being much too partiall not onely in not doing right to punish his countrey men but dismisses the English with much adoâ— by Subscription and Pledges This behaviour of the Scots soon incensed the Queen who being presently upon the posture of a Bordering War Morton prudently layes blame on the Scots Commanders beseechetâ— her Majesty not to raise a War with them whose maintenance must be with much blood the common cause necessarily begging defence of peace betwixt the two Kingdoms and if civil War should follow upon Scotland it might introduce a necessity in them to call in the French whom she in her Princely affection and great wisdome had but lately afforded them the means to ridd away And that before time should grow elder his endeavours should be with such good offices and service for her Majesty as might countervail the inconveniences already happened And for questioning of the Governour he remembred a president under Henry 7. for expiation of Sir Robert Carrs death then Governour of the middle borders which was then referred to a meeting in Scotland to enquire This gray-hair-instance incensed her the more untill the Scots Governour Carmichell was sent to answer it in England and then indeed his Present of Hawkes to the Courtiers became a saying He gave them live Hauks for dead Herons Two Brothers of that Name Herons killed in the fray This petty disturbance gave time and leasure for the Praecisians now so stiled not to forget their ministerial ragings who evermore upon such occasions put in a spoke for themselves because their stipend was not redressed And herein were so presumptuous as to utter their fancies and to act what ere they thought best for their advantage But herein the Regent stopt them in their Career remembring them of the Treaty of Lieth which forbad all Innovation in Religion during the Kings Minority This year took away James Hamilton Earl of Arran and Duke of Castle-herauld at Poictures a Province in France He was Grandchild to James 2. And after the death of James the 5. In the vigour of youth and Mary his daughter succeeding in the Crown she had this Hamilton a while for her Protector and then declared her Heir apparent A mild man and tractable he was though her birth and quality drew on turbulent spirits to bring him on the stage and sent him into France with her where he was caressed for their party and created Duke and Captain of a troop of Horse Somewhat he medled in state after his return home but soon retired into privacie for which the mad-headed Ministers and Buchanan blamed him of sloth From him proceeds 4. branches James Earl of Arran John Claud and David three of them infected with the Mothers disease became frantick or rather bewitched At this time was Iohn Ormston commonly called black Ormston because of his Iron colour apprehended and had his tryal and executed for being guilty of the late Kings Murther Likely enough to have discovered more particulars than he did confess being Intimate with Bothwell who communicated the purpose to him and shewed him the subscriptions of the Earls of Argaile Huntly Secretary Lethington and Balfore testifying their consents to that horrid Act. Nevertheless the Regent permitted Balfore to enjoy the benefit of the Pacification passing an Act thereof in counsel to the regret of many for though it was doubted whether the subscription of Arguile and Huntly were not counterfeit but of the other the hate to their persons made the sensure of their guilt easie of beliefe to all but Arguile dying soon after his office of Chancellor was conferd on the Lord Glams Adam Heriot Minister of Aberdeeâ— dyed this year and of their Church is accompted worthy Record he had been a Fryer of the order of St. Austin living in the Abbey of St. Andrews learned and eloquent in the Pulpit subtile also in school divinity The Queen Mother heretofore hearing him preach was so affected to his wit and judgment and integrity that in reasoning with some Lords upon the Article of Real presence she offered to be concluded by Heriots opinion who was required to preach thereupon before her and a numerous Auditory But there he flaggd so prevaricate as most men were unsatisâ—ied of which being sharply censured by some his worthy friends he fell into sadness and regret of soul till he did openly recant and renounce Popery and forthwith joyned