thereof established Civility and Iustice and to his lives end he would never leave to do his best endeavours untill he might say of Scotland as one of the Emperours said of Rome Inveni lateritiam relinquo marmoream Indeed the Countrey affords more of Stone than Tile-shard They come to vote Commissioners upon the Articles of Religion whom the King commends they refuse and evermore Officers of State are suspected partial for the King and therefore they admit but of three the Chancellour Treasurer and Clerk of the Rolls They begin with the chiefest Article That what soever should be concluded by the King and the Bishops in matters of external policy should be an Ecclesiastical Law Not that the King was against the advice and assistance of a competent number of the grave and learned Ministers but to be over-ruled said he as in your former General Assemblies I shall never agree The Bishops must rule the Ministers and the King govern both in matters indifferent and not repugnant to Gods Word and so that Ariicle was formed and passeâ— Hereupon the Ministers mutiny that their Discipline should be formed to all the Ceremonies of England and Struthers in his next Sermon condemning all those Rites prayed God to save Scotland from the same sin And thus set on they frame a Protestation to the King in Parliament First against that Article and therein if remedy be not provided they shall be forced to other effects For freedom of their Church and discharge of their Consciences Their Reasons they reduce into Arguments 1. Their Reformation That the purity in Doctrine Sacraments Discipline and Order thereof hath been acknowledged rather as a Patern to be followed by all Reformed Churches of Europe than now to be put to seek it from such as never attained to it 2. That their General Assemblies formerly established to constitute and make Canons will be utterly overthrown That hitherto their Church nearest the divine and Apostolical Institution and so hath lived long without Schism and rent may now by introducing Novelties be miserably overthrown That his Majesties gracious assurance by his Letters this last Winter against all alteration of Religion and so hath been intimated in Pulpits when Rumours were dispersed of intended conformity with England These they pray may be sufficient to warn the King and Parliament not to oppress their poor Church and give grief to millions of men that otherwise would rejoice at his Majesties presence And so they resolve that rather than submit they are prepared to incur censure and to oppose This Protestation they commit to the most mad-headed man amongst them one Hewet but some of the wiser sort fearing the success desire the Arch-bishop of St Andrews to suppress it He meeting Hewet desires to peruse it and blaming the man keeps the Writing the other seizes the Paper and thus striving in the next Room the King hastily comes out and sternly fronts the Fellow who falls down of his knees and craves pardon for the Protestation professing never more to meddle therein However the King wisely suspecting some others of the same Phrensie for the present commanded that Article of the Kings Crown-prerogative not to be read till the policy of a fitter time the rest of them being read and concluded the King takes his leave and loving farewell But the Bishops had warning to summon some principal Ministers and with them to meet him at St. Andrews 10. of Iuly where the King greets them How great my care hath been for the Church saith he since I had authority and power to perform it your consciences cannot but confess I need not tell you I seek no thanks God knows my heart for true worship of him and decent order in the Church whilest I resolved of this Iourney to visit you I gave you warning to insert some Articles into your Acts of the Church those were anniversary commemorations of Christ's blessings to man as his Nativity Passion Resurrection Ascension and Descent of the Spirit another for private use of both Sacraments a third for reverend administration of the Communion and a fourth for catechising and confirming children by Bishops I was answered that they had not been moved in any of the Churches Assembly and so I was silent And lately desiring but my Prerogative to be declared in making Ecclesiastical Laws ye mutined and protested against me But I pass all amongst many other wrongs frequent from you The Errand I have now is to know your Arguments why the same ought not to be granted Reason shall ever guide me and if my Demands are so just and religious too I will not be refused nor resisted And with that browing upon them with a full eye majestical and stern They all fell down on their knees The King went on It is a power innate a princely special Prerogative which Christian Kings have to order and dispose external things in the outward policy of the Church as We with our Bishops advice shall think â—it And Sirs said he for your approving or disproving deeceive not your selves Me ye shall not I will have my Reason not opposed They were all becom new men humbly besought they might confer and so return an uniform Answer which in two hours space produces a Retition for a General Assembly wherein all his Majesties Articles being proponed they might with common consent be received I says the King but what assurance have I of their consenting They protested that they saw no reason to the contrary But if it be otherwise and your reason now be none of theirs then the Articles refused my difficulty the more and when I shall hereafter put my own Authority in use I shall be pulpited a Tyrant Persecutour Ye were wont so to do All crying out That none durst be so mad Yet experience tells me says he that it hath been so therefore unless I be sure I shall not grant your Assembly They craved the Arch-bishop of St Andrews to answer for them but he refused having been formerly deceived At length they procured leave to assemble in November next at St Andrews Simson that subscribed to the Protestation writes to his Brethren those Articles which he calls Tricas Anglicanas the Letter-carrier was Catherwood who for his insolency to the Kings face was committed and after banished and Simson sent to Edenburgh Castle where he lay till December And so the King returns to England by the West parts and at Dunfres had his farewell Sermon by the Bishop of Galloway which made the hearers heavy at their hearts The King gone home the Assembly met but willingly would have delayed their Conclusion of the five Articles till they might inform their Flocks of the equity of them and so they went away which the King considers as an high contempt and breach of their promise and commands the Bishops of St Andrews and of Glascow precisely in their own persons to keep Christmass day next preaching of Texts according to
Grange and his Brother Kirkaldy executed by the Hangman Metallan had poisoned himself some daies before to avoid the Regents severity which he deserved He was a man adorned with all natural parts wise and prudent indefatigably busie but Fortune the Mistress of humane Counsels delighted to make him like her self inconstant Hume Petarrow and Melvin kept in prison and so was the renowned Countess of Arguile who was the Daughter of an Harlot Liddington was found there also and sent away Prisoner to Lieth who because he had been a notable Actor all his life and being a pen-man not by Law of Arms to dy by the Sword we may guess how he came to his end by poison the fate of cunning politiques who if they scape the Ax or Halter are too wife to be leâ—t long-lived for worser effects This Success set Morton aflote which he husbands so ill as made him though he governed all submit to base lusts Pride and Covetousness to supply which he abused his Trust to the prejudice of the People in each particular His exactions were ingeniously observed by 〈◊〉 Fool Bovy that often rubb'd his Masters Shins with his Giers some importunate Beggars craved alms of the Regent the Fool bid him hang them and why so cruel said he Because of your custom and cunning to make an hundred rich men beggars when you please He coined for the King some pieces of Gold with the Kings picture and circumscribed In utramque paratus And contraversed the Royal Arms of Scotland with this inscription Parcere subjectis debellare superbos The silver pieces bore two swords with Trajans Motto Pro me si merior si non in me He was the first Coiner of the Copper in that Kingdom called Hard-heads and after abased them from 3 half pence to a penny as also the black piece and abased them also which never till then were corrupted And by their neighbour the Netherlands coined also and exchanged for good Sterling which in after times made the Dutch cunning in that trade of cosening all Kingdoms and thus having reduced the Kings Coffers to a small purse he sets upon the Clergy In the former Story of the Kirk in Queen Maries time all the Revenues being then in the Papists she settled a part of the third with which she was to relieve the Ministers as a Donative and indeed the disorderly Collection before mentioned was then complained of by those parties and therefore now by remonstrance Morton siding with them orders a Supplement to inculpable or well-affected Ministers annually and so takes into the Kings Treasury all the Thirds to which the Kirk subscribe irrevocable and thereby he commits the cure of 3. or 4. Parishes to one and so out of the Relique of the third there must needs arise much gain The Church therefore in time open their own eyes to see this fraud and complain to the Council but receiving delayes their implacable hatred to Morton increaseth with their suffering and in this nick of time Knox being dead returns Andrew Melvin a Man of the Kirks own making for being drencht in the Genevian discipline he reforms this Church according to a hairs breadth and subjects them all to his vehement spleen against the very Office of Episcopacy and thus broached it drowned withall both Laicks and Church-men out of the easie apprehension of both their advantages and the Dispute was preached by their State-meddling Sermons which begat undominable Presbyterian licentious Tumults ever after The Arch-Bishops of Saint Andrews and Glasgow oppose Melvins Discipline in most acurate Sermons and Declarations The difference grew high and dangerous unless to the Regent whose aim was to fish in troubled Waters not caring for the future gave fuel to the Zelots flame which neither command nor Counsel could ever after extinguish I may not omit to Memory the horrid Massacre throughout all France upon the persons of the reformed Religion called by the Adversaries Hugonites from one Hugo as they would have them the History is so horrid and the more uncertain in particulars because the Papists strain their pens to piece it with some Excuses But the truth was written then by One Ernest Varamund of Freezland in the time of Charls the ninth King of France 1573. In Anno 1561. an Assembly of the Estates in the Kings house at Saint Germans in Lay neer Paris in France in the time of Charls the ninth concluded terms of Pacification in Religion among other Articles It should not be prejudicial to any Man to profess the Reformed Religion in the Suburâ—s of Towns only Francis Duke of Guise a Stranger of the House of Lorain was not present and within few daies after in Champanie slew men women and children in Vassey 200. persons Among those of the Religion was Lewis of Bourbon of the blood Prince of Conde Gaspar de Caligni Admiral of France and Francis Andelot his Brother Captain of the Fantarie and others Noblemen and Gentlemen Katherine de Medices Pope Clements Brothers Daughter and Mother of King Charls born in Florence a City of Italy had the Government of the Realm in the Kings Minority for though by the Law of France neither Inheritance nor Government are admitted to Women yet by negligence of Anthony King of Navar She had the power The Prince of Conde in fear of the Guises garrisoned some Towns stood upon his Guard and so began their Civil Wars there and published his Reasons For Defence of the Kings Edict for Religion Several Battails and losses on both sides and the Duke slain peace was made and liberty of Religion in certain places which continued for five years The Queen to strengthen her Party cunningly brought in six thousand Switzers and pretended them for defence quiet and peace to all yet suddenly garrisoned such Towns as the Religion had willingly surrendred saving onely Rochel who stood upon their former Conditions two hundred years past Not to be forced to any Garrisons Upon some rumours and fears the Prince of Conde and the now Admiral â—ly thither the cause of the third Civil War The young King by perswasion of Charls Cardinal of Lorain the late Duke of Guises Brother published Edicts That no man profess other than the Romish Religion But both parties wearied out with this last Miserable Distraction the King politiquely pretends to drown all Discontents by a Reconciliation and to join both forces against their Common Enemy the Spaniard who in truth had barbarously murthered the French Plantation in Florida in the West Indies and Marquisdome of Finall And to this Contract ingaged the Prince of Orange in the low Countreys by means of his Brother Lodowick now in the Admirals Camp at the very time when the Emperour had offered to reconcile Orange to the Spaniard And by these pretences this third War was ended with Toleration of Religion as before with unanimous Congratulation by Embassyes from the three Electors of Germany Princes reformed and sworn to
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
and outward Gates enforced the King to shew himself to the People who were come to his rescue as in freedom and to command them to depart And Bothwel thus emboldened got Bowes the Ambassadour to side with them and to urge these Articles from the King Pardon of all former Attempts and Treason by him or his Associates with restoration of all which they heretofore possessed and to abandon the Chancellour the Lord Hume the Master of Glammis and others To all the King signed with witnesses of all manner of men Lords and Ministers thereunto The next Day August 20. the King removes to Falkland Lenox Ochiltry and Crichton of Clany waited on him with directions from Bothwel to see that the King kept to his late Articles in which time Bothwel attained an Assise to purge him of his practicing with Witches the original of his mischief but the King in disdain to be thus misused goes to Sterling and under colour of conâ—orming the Highlanders proâ—ures a Convention of other Lords necessarily frequent and effectual Hamilton Mar Morton Glencarn Montross Lindsey and Levingston two Bishops and two Priors and some Burgesses The King enters them with some business of the Borders but in earnest relates to them the Indignities he had endured by Bothwel which they knew and puts it upon their Honours whether he were bound to the late Conditions so extorted from him in terrour and fear of his life lets them see their own insecurity when himself is over-powred and forced by Villanies as a captive King to submit unto Subjects unjust demands in destruction of his loyal Councellours and eminent Officers They concluded Bothwels Fact treasonable and those Articles void freedom in the King to call his Servants and Councellours about him and resolved to publish by Act his Majesties power as a free Prince to chuse his Councellours and Servants about his Person and that the Conditions signed to Bothwel in August last to be null And being now set upon it two Commissions were sent to him to signifie thus much and of the Kings favour for him to supplicate for pardon before November next and then to depart the Realm till the Kings pleasure Bothwel seemed humble but meets with Athol Montross and a number of men at Sterling to whom the King sends to dissolve his Train and retire home for the King was coming thither with the Lord Home and some Forces were sent before to scoure the way who encountring Montross takes him Prisoner and the Court coming to Edenburgh Bothwel is cited and denounced Rebell again These Troubles were raised by the Lords of Religion but see what the Papists do The Catholick Lords had been cited to the last Parliament in Iuly but failed by some defect in the Libell and so were remitted to the King and Councel which was suspected in favour the Synode of Fife therefore excommunicate Angus Huntley Arrol Home and Chisholm and writ to Edenburgh for them to do so there The King displeased with such Proceedings requires M. Bruce there great Pastor to stay Sentence the Persons neither cited nor subject to Fife Synode and if this be your Order says he for one to excommunicate with their direction for others to do so too who can be sure to eschew trouble But Bruce boldly told the King that the Ministers had their own Reasons and were answerable onely to the General Assembly Well says the King your Discipline hath distasted all men and seeing your practices are without good President I will bethink me of some Remedy The Popish Lords complain to the King at Falaw and humbly crave a legal Trial but were commanded to enter their persons at Perth and abide there till the Trial and lest any jealousie should censure the King as conniving the Abbot of Lunders was sent to the English Ambassadour and to Edenburgh Ministery to tell them the truth and it was time so to do For now such News got wings and Commissioners of all the several Churches from all parts convene and finding the Church of God King and Kingdom in eminent peril they prepare Articles of advice That the Trial of the excommunicate Lords be not prevented but their Day prorogued onely for the conveniency of the Professors of the Religion to be their Accusers for their Treasons committed in the mean time to stand committed their Iury to be nominated by their Accusers the whole Professors of the Gospel that they being excommunicate and so cut off from the Body of the Church of God have no benefit of the Law till they be reconciled to the Church and that such onely as profess the Religion may be a Guard to the King against the Enemies of God the Countrey not brooking them and us together The King startled at their Inscription not owning he said such Convention nor them Commissioners assembling without his consent â—ut vouchsafed to receive them as humble Subjects but not otherwise commissioned And of his own gracious intention told them That the said Lords met him at Falaw and humbly craved a legal Trial to which the Ministers had often solicited and which in honor and justice he with his Councel had granted and considering the time and place Perth not so proper he had resolved it at Linlithgow at the meeting of the Estates and with their advice and that neither Iudges nor Iuries should be other than men indifferent and for his own Guard those whom he called thither should be welcom others should not be so They accused the Lord Home of residing at Court The King told them His Day assigned to satisfie the Ministers was not as yet and if you can accuse him in particular for the present let him answer for himself And so sent them away The Assembly unsatisfied advertise all parts to be in Arms at the Day of Trial which the King timely prohibits without his Warrant They answer that in the cause of God their Defence must not be deficient Which the King inhibits by Proclamation Declaring his course taken for their Trial in July last but hindred by Bothwels Rebellions he now convenes the Estates at Linlithgow for that and other necessities of the Kingdom the Lords themselves earnest Suitors to abide the Law and satisfie the Church and therefore commands the Subjects not to make Convocations but if any meeting were already of that nature then to dissolve and return home under pain of punishment But meet they would with such numbers as shortened the Proceedings and in summe Commissioners were chosen by the Estates to consider of the Popish Lords their Offers and Petitions to try their Accusations and Purgations and what they determine should be valid and effectual as in Parliament or Convention The Commissioners were the Chancellour Mar Montross and Rothes sundry Lords and Lairds and divers of the Ministery named to be admitted to the Conference The 12th of November they meet and conclude That the true Religion established the
Bishopricks should accept in and upon them to be actual Pastors and Ministers and according thereto should practise and exercise the same But the Office of them in the spiritual Policy and Government of the Church was remitted to his Majesty and to the general Assembly and so hereby occasion was soon taken to assemble at Dundee And first advises them to consider Whether it was lawfull and expedient that the Ministers as representing the whole Church within the Realm should have Voice in Parliament or not It was concluded for them They might as also in other meetings of the Estate and very expedient to have some of them always present to give Voice in the name of the Church The number of them was agreed upon to be one and â—ifty persons as of old in the Papistical Church But then who should elect those to have voice They were pleased with much ado to grant It did appertain partly to his Majesty and partly to the Church and so it came to after consideration De modo eligendi whether ad vitam What their Title with caution to preserve them from corruption What their Rents and Revenues with a number more such circumstances are recommended to their Presbyteries to consider and so to certifie his Majesty And because it was time for the Kings grace and favour to remit to mercy the Edenburgh Ministers such as of late were silenced to suffer them now to preach again but with such articles and conditions as bound up their better manners to the Kings turn not their own old tunes in the Pulpit Nor were they safe as they thought they should be till the King was pleased to declare That he did freely remit their former offences in hope that they would hereafter deserve it And so were all persons concerned in the late Tumult and all others in honour to the King and charity to their brethren concluded and contented But Mr. Iohn Davidson a malitious man he being behinde hand of preferment protested against the Assembly as not free but over-awed by the King And when he had put his Spoke into the Wheel slipâ— aside but left it in motion with more ado than was meet to make such a stir Mr. Robert Bruce a Preacher there for ten years yet never received Ordination to the Ministery pretending the approbation of the general Assembly equivalent if not more sufficient He was told that the Approbation which he had was only a Licence to preach but now to receive the Office it was necessary thereto Imposition of Hands No though he was instructed that the Ordination was not to question his former Calling but to confirm it nor would that serve unless he had a Declaration to him thereof set down in writing A whole fourteenight was wasted to make the form to please him and others that sided for him and his day of admission came Mr. Robert Pont in the Pulpit signified their business and being come down to assist the work Bruce was got up in his place railed against all the acts of the Commissioners and with his Tongue raised such a Tumult of the Commons that the poor Ministers appointed to administer Ordination were in fear to be stoned by the people and so got away and nothing done Upon this this the King commands the Commissioners to cite Bruce and censure him He did appear but excused himself and laid the fault on the peoples affection to him and being afraid what would be the issue pain of deprivation gave obedience and accepted his Admission with Imposition of the Hands of two Ministers Here was seen his perverse pride and wilfulness which fools referred to his true zeal And this good conclusion of the general matters of the Church gave like success to the conference at Falkland determining their Votes in Parliament concluding the manner of his Election who was to have Vote in Parliament that the Church should name for each Prelacy six whereout the King should chuse one That the nomination of them should be made by the general Assembly And his Rent provided out of the Prelacy whereunto he is preferred With such cautions to preserve him as was not to be feared he could transgress his bounds or be deposed ipso facto but his Title should be called Commissioner for such a place c. Indeed some of the Articles of Caution were ridiculous and absurd to be performed but such was the Kings wisdom to consent to all their conceits knowing that in time the benefit and good use of this Government would appear which he purposed says one to have established or rather to permit those inconveniences until weight of their own sufferings should betake themselves to abler conclusions The King having greater Councils of more importance to him next to the settlement of the Church and not till then proper for him to ascertain Queen Elizaheth was grown old and weak in body nor well in minde and it concerned him to establish to himself such affectionate Princes in whose relations he might finde aid and assistance when time served To that end he considers of Ambassadours David Bishop of Aberdeen and Sir Peter Yâ—ung Almoner men of great abilities and learning They had in Commission to inform the free Princes of the Religion in Germany his Majesties Right and Title to the Crown of England and to assure to them his singular care and endeavour now and always to conserve amity with them all Not that he minded injury to the Queen whom he had just cause to honour as his Mother and to wish and pray for many days to lengthen out her ample years but yet to strengthen himself against foul pretenders he craves their consideration and to be pleased in common Ambassage to intreat the Queen as their best advice to declare in her own good time the right Successor for preventing plots and practices of her and his Enemies c. They had command to turn out of the way and to take Letters commendatory of the King of Denmark his brother-in-Brother-in-Law unto each of those Princes which were Udalrick Duke of Megleburgh Maurice Lantgrave of Hesse Frederick Duke of Saxony and Administrator of the Electorite Henry Duke of Brunswick Iohn Adolph Duke of Gleswick and Ioakim Marques of Brandenburgh To each of these single made their Journey tedious difficult and took up much time a whole year Then they return with their Answers in substance alike That albeit his Majesties right was well known to them they did esteem it an Act of great wisdom in him to acquaint his Friends and Allies with the Exceptions which some may presume to take to his just Title that so when occasion required nothing might be amiss for them to do for him within their power But to move the Queen to name her Successor they excused themselves therein as more dangerous to him than usefull to his intent lest it might less promove the business and offend her Always each of them would advise but counsel together
Moses the Prophet and Servant of God had in all that belonged even to the outward and least parts of the Tabernacle Ark and Sanctuary witnesseth well the inward and most humble zeal born towards God himself The industry used in the framing thereof in every and the least part thereof the curious workmanship thereon bestowed the exceeding charge and expence thereof in provisions the dutifull observance in laying up and preserving the holy Vessels the solemn removing thereof the vigilant attendance thereon and the provident defence of the same which all Ages have in some degree imitated is now so forgotten and cast away by this super-fine Age by those of the Family by Anabaptists Brownists and other Sectaries as all cost and care bestowed and had of the Church wherein God is to be served and worshipped is accounted a kinde of Popery and as proceeding from an idolatrous disposition insomuch that time would soon bring to pass if it were not â—â—sisted that God would be turn'd out of Churches into Barns and from thence again into Fields and Mountains and under Hedges and the Officers of the Ministery robbed of all dignity and respect be as contemptible as those places all Order Discipline and Church-government left to newness of opinion and mens fancies yea and soon after as many kindes of Religions would spring up in Parish Churches within England every contentious and ignorant person pleasing his fancy with the Spirit of God and his imagination with the gift of Revelation insomuch as when the truth which is but one shall appear to the simple multitude no less variable than contrary to it self the faith of man will soon after die away by degrees and all Religion be held in scorn and contempt Which Distraction gave a great Prince of Germany cause of this Answer to them that perswaded him to become Lutheran Si me adjungo vobis tunc condemnor ab alis si me aliis adjungo a vobis condemnor Quid fugiam video sed quid sequar non habeo The time was come the first Anniversary Celebration in England with religious Rites and sacred Ceremonies of the unfortunately fortunate Nones of August noted in Red Letters in the Calendar to represent the bloud of many thousand Martyrs spilt of that day by Dioclesian in Rome but now to be distinguished with golden Letters in ours in memory of two renowned Kings in these Kingdoms the one receiving life the other escaped death on this day the Nativity of King Oswald who united the Crowns of England and Scotland which were severed afterwards for many Ages and who in the end died a Christian Martyr and sealed it with his bloud the other King Iames miraculously preserved from Gowry's Conspiracy Anno 1600. and who now again unites these Crowns and therefore we may change the old spell of the Martyrs Quintum fuge into Quintum cole if not for the Genesis of that one into life yet for this others Exodus out of the Chamber of death And as this King never failed of the day Tuesday weekly to hear a Sermon so neither of the Annual time unto his death kept holy by him and all his good Subjects and the truth of the Conspiracy sufficiently recorded heretofore and shall be hereafter confirmed Anno 1608. Though our Historian died it seems of a contrary faith in that himself being evenly conform to Gowry's loyalty Affectiones facile faciunt opiniones for he passes it over with this Odiism That Gowry assaulted him or he Gowry About this time a Commotion was stirred up by some Commoners against ingrossing their Ground when the King chanced to be invited in his hunting Journey to dine with Sir Thomas I. of Barkshire and turning short at the corner of a Common happened near to a Countrey-man sitting by the heels in the Stocks who cried Hosanna to his Majesty which invited him to ask the reason of his Restraint Sir Thomas said It was for stealing a Goose from the Common The Fellow replied I beseech your Majesty be Judge Who is the greater Thief I for stealing Geese from the Common or his Worship for robbing the Common from the Geese By my Sale Sir said the King to Sir Thomas I se not dine to day on your Dishes till you restore the Common for the poor to feed their Flocks Which was forthwith granted to them and the witty Fellow set free and care soon taken to quiet Commotions The Plague ceasing which hitherto bounded all mens expectations and persons at a distance the people now flock up to London to take view how the King would settle Laws and Constitutions afresh for the people A Parliament was expected the peoples Idol in those days which the King considered according to the power and interest of Lords and Commons therein and which thus grew up into a Body After the period of the Saxons time in England Herald one of the great men got power and put himself absolute the rest of the Satrapas call in Wiâ—â—iam Duke of Normandy an active and fortunate Prince against the French King the Duke leads over hither many the younger Sons of the best Families of Normany Picardy and Flanders and getting this Kingdom by the Sword he shared out his Purchace retaining to himself a Portion in each County and called Demenia Regnt ancient Demeans Crown-lands He assigns to others his Adventurers suitable portions to their qualities retains to himself dependency of their personal Services and were stiled Barones Regis Free-holders As the King to these so they to their followers subdivided part of their shares into Knights fees and their Tenants were called Barones Comitis The Kings gifts extended to whole Counties or Hundreds at the least the Earl being Lord of the one and a Baron of the inferiour Donations to Lords of Townships or Mannors As the Land was thus divided so was Iudicature each severally from the King to the meanest Lords had their Court-Barons yet perhaps Reddebant Iura by twelve of the Iury called Free-holders Court who with the Thame or chief Lords were Iudges The Hundred was next whence Hundredus or Aldermanus Lord of the Hundred wherewith the chief Lord of each Township judged within their Limits The County or Generale placitum was next Ubi Curiae Dominorumâ—probantur defecisse pertinet ad Vice-comitem Provinciarum The last was Generale placitum apud London universalis Synodus the Parliament of England consisting of King and Barons onely who ruled affairs of State controuling all Inferiours So were there certain Officers of transcendent power for executing not bounding the Kings will those were Steward Constable Marshal heretofore fixed in Fee to Families they as Tribunes grew too bold and their power was lessened after the death of that daring Eaâ—l of Leicester slain at Evesham Henry 3. by hard experience of his Father lessened their power by examining their usurpations over Regality being become Tot homines tot Tyranni Then began the favour of
annexed to the Imperial Crown of the Realm Thus oblig'd to their duty they chuse a Speaker whom they accompany to the King whose Election they desire him to ratifie whom the King usually is pleased with which done the Speaker in his own and the House of Commons name gives thanks and beseeches That the Lower House may use their Privileges and freedom of debating That if any therein shall happen to be more earnest in his own opinion his Majesty will vouchsafe not to take it ill nor be angry and that they may have access to the Kings Majesty or Higher House as oft as matters require which leave being granted they are dismissed Both Houses have free liberty to debate of matters propounded by the King or touching making or abrogating Laws and to determine to commit to writing what is to be transmitted to each other by Messenger whereto if upon debate had there ensue an assent by Votes the consent is noted upon the top of the Bill in this form amongst the Lords Les Seigneurs ont assentes among the Commons Les Communes ont assentes but if they differ both Houses not seldom meet or else principal persons chosen out of them to confer together in a commodious place for their meeting in the Painted Chamber there the Commons standing and uncovered with great observance receive the Lords covered and sitting and there they confer if they discord that business comes to nothing but if they agree they present it to the King which if he allows he writes Le Roy le veult and so as by a Soul infused into a Body it receives life and becomes an effectual Law forthwith to be promulgated to the People but when the King refuses to approve it he writes on the top of the Leaf Le Roy s' avisera sometimes he denies it in terminis and thereupon are reputed dasht The sacred matters the King permits not to be handled by Parliaments but Synods unless it may be for the force of Laws from Parliamentary Authority which they cannot so fully obtain from their divine verity The Deans Arch-Deacons Procuratours for the Chapters as also for every Arch-Deaconry the former being delegated by the Suffrages of the Prebendaries these of the Ministers meet in a place assigned to debate touching them where having first chosen a Prolocutor in the name of the Clergy they determine concerning Heads of Religion Ceremonies and other matters belonging to the Church as also granting of Subsidies to the King whose Results notwithstanding are not obtruded on the Seculars to be observed with the Authority of Laws untill as above-said they be allowed by assent of King and both Houses being provided That Civil hands should not intermeddle in these affairs Our Chronicles tell us That Queen Elizabeth expostulates with the Parliament for that they had appointed a Fast without her advice and were not restored to her favour but upon obtaining of Pardon Both Houses have respectively their peculiar Privileges To the higher House not onely to give counsels and to assist in making Laws but likewise to exercise the power of Iudicature and so of imposing Oaths in the more weighty causes as corruption of Iudges and Magistrates and in last Appeals which yet to bring back to examen without the Kings permission and Patent the Lawyers say is praeter-legal nor do they so unless the Judges of Law sitting by The House of Commons have Privileges of supplicating and craving Right or else the Accusers part never challenged to it self the Office of Judg save within their own Walls and on their proper Members and that extended no farther than penalty of Imprisonment or Mulct never having any right of pressing an Oath and therefore in a Statute the House of Commons say That seeing Parliamentary Iudicature belongs to the King and Lords and not to the Commons that they might not be obliged contrary to Custom to give Iudgment If any doubt touching the Election of their Members it was heretofore determined by the Lords House or by the Judg of the Kings Chancery If any of them had departed from the Houses without the Kings leave and both Houses also he was convened before the Kings Council-table or Kings Bench to undergo the penalty and was not punished at the discretion of his own House of Commons But they have Privilege first to debate and determine of levying money among the People This was the temperament of King Parliament and People in proper parts not harming each other for the Kings supreme Authority and Sword is as a sufficient power to vindicate the Laws from the Factions of the Grands and popular Tumults whilest in the mean time the Lords with that chief Authority wherewith they are vested of Iudicature and Legislation put a curb on one hand to the Kings Tyranny if he extravagate on the other to the tumultuating populace and in semblable manner the People by that their power of accusing whom they please and of granting or denying moneys are in a sufficient capacity to retrench the licentiousness of the Nobility and of the Kings Counsellours and break the Kings impetuous incroching on the publick The Laws have exceedingly provided That the freedom of voting and debating be not hindered through fear of insolent persons therefore none may come into either of their Houses with a Sword or armed The Members and their Servants not to be arrested for Debt or offences though of a mean alloy and if any so attached he may not be free but by a Writ out of the Chancery Seldom and that upon weighty cause would Kings create offence to so venerable an Assembly however it hath so faln out that excellent Princes upon too great provocations have reprehended the Senate and punisht some Offenders convening them before the Judges of the Kingdom imprisoned fined and put to death sometimes Thus by past stood the state of Parliaments when the King came in and calls one in March the King Queen and Prince some days before rode from the Tower to his Palace of White-hall in such Triumph as the several Pageants at each convenient place with excellent Oratory assured them the affections and duty of his Subjects as they did some days afterwards when the like occasion presented them in state to this Parliament And as usual with all Sovereigns his Predecessours themselves or Chancellour sweetens the Members with some Rhetorical Oration to the purpose of calling that Assembly and this the King undertakes now as best able of any Prince his Predecessours or any other Assistant for wit or wisdom to compare with him and therein he lays open his heart to both Houses in a very long Speech But because it is in print and bound with the Volume of his Works I shall adventure to abreviate here for some light to the Reader in this History which follows But then in this as in other his most eloquent and gracefull Speeches hereafter where you meet with any of his
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
abused in the Execution and he not informed but by them He advises them not to meddle with the main points of Governments his craft Tractent fabrilia fabri He being an old King six and thirty years in Scotland and seven years in England and therefore there needs not too many Phormio's to teach Hannibal he will not be taught his Office nor are they to meddle with his ancient Rights received from his Predecessors More majorum All Novelties are dangerous Lastly not to call that Grievance which is establisht by a settled Law and to which to press the King is misduty in the Subject knowing before hand he will refuse them If not convenient amend it by Parliament but term it not a Grievance To be grieved at the Law is to be grieved with the King the Patron of the Law and he allows them to distinguish between a fault of the Person and the Things For Example The High Commission is complained of Try the abuse and spare not but do not destroy the Court of Commission that were to abridg the Kings power And plainly he resolves seeing that Court is of so high a nature to restrain it onely to the two Arch-Bishops heretofore common to more Nor shall any man be to him more Puritan to complain as well out as in Parliament of defects therein onely grieve ye not at the Commission it self He desires them that their Grievances savour not of particular mens thoughts but rather rising out of the peoples mindes not of the humour of the Propounder that mans passion will easily discover him Petitions also though they be general are so to be distinguished The third general Cause concerns himself which he always leaves hindmost and had left it to his Treasurer being distrustfull naturally less eloquent in his own concernment That this Officer had already accounted to them of the Kings Havings and his Expendings which he hopes they acknowledg as a favour to be particularly acquainted with his State His Predecessor seldom afforded the like Duty he clames of them one of the branches being to supply their Sovereign but the quantity and time proceeds from their loves and therefore disputes not a Kings power but what with their good wills and wishes them as he to avoid extremes for if they fail in the one Supply or in the manner of Levy both he and the Countrey shall have cause to blame them And as the secular Nobility are hereditary Lords of Parliament and the Bishops live neuter Barons of the same and give but their own but the lower House being the Representative of the Commons give for themselves and others and so may be the more liberal yet if too much they abuse the King and hurt the People which he will never accept their true love being the greatest security to any wise or just Prince So they need not the fear of that Item by one of their Members In giving too much to endanger your Throats-cutting when ye came home He loves freedom of Gift with discretion He never laboured for their Voices to that end detesting to hunt for Emendicata suffragia But then as not to give him a Purse with a Knife So not to excuse and cloak their particular humours by alleging the Poverty of the People To such persons though he will not be less just yet not in reason to gratifie them when it may come in their way to want him He heard that it was propounded whether the Kings wants ought to be relieved or not Certainly though it may seem his particular yet being Parens Patriae and tells them his wants nay Patria ipsa by him speaks to them for if the King wants the State wants and therefore the strengthning of the King is the standing of the State and wo be to him that divides the weal of the one from the other And as a rich King is but miserable over a poor People so a potent People cannot subsist if their Kings means maintains not his State being the sinews of War and Peace and it grieves him to crave of others that was born to be begged of And if he desires more of them than ever any King did so hath he juster reason than any King had And in particular the accession of more Crowns in him so the more honour to Subjects and the more charge His fruitfull Issue which God gives him for their use of great expence and yet Queen Elizabeth notwithstanding her Orbity had more given her than ever any of her Predecessors The Creation of his Son draws near for whom he says no more the sight of himself speaks to you That he hath spent much but yet not to be spared the late Queens Funeral the solemnity of his and his Wives entry in this Kingdom the Triumph through the City and his Coronation Visus of Princes in person and the Ambassadors of most Potentates of Christendom could he in honor of the Kingdom do less than bid them welcome But if they will imbound his Supplies to the case onely of War so upon the point notwithstanding his intern Peace he is to send supply of Forces to Cleves both in respect of State and cause of Religion his Pensions the late Queens old Commanders of Berwick besides his pretty Seminary of Souldiers in the Forts of this Kingdom and also the cautionary Towns of Flushing and Brill beyond Seas his uncertain charges in Ireland the last years Rebellion brake forth there of extraordinary charge and a constant Army which he dares not diminish till this Plantation take effect the great Mote no doubt in the Rebells eys His expence in Liberality objected hath been given amongst them and so what comes from them returns amongst them 'T is true had I not been liberal to my old Servants Scotish-men you might suspect me ingrate to you my new subjects and yet assures them his bounty hath been twice more to English So then to his shame be it of your house that said Your Silver and Gold abounded at Edenburgh but I wish him no worse than to be bound to live only upon the interest thereof and but few of you that I look in the face but have been Suitors for Honour and Profit That vastness is past Christmass and open-tide is ended with him He had made Knights by hundreds and Barons by scores he does not so now will do so no more They need not now to reminde him the sight of his children as a Natural Man bids him be wary of expence As for himself he challenges any one far meaner to be less inclinable to prodigal humours of unnecessary things What he hath said may move each member to spare him so much as they would spend on a supper cast away at Dice in a Night or bestow on a horse for fancy that may break a Leg or Arm next morning Conclusion freeness in giving graceth the gift Bis dat qui citò dat his debts increase till
This Robert was at first Abbot of Holy-rood-house for divers years After the forfeiture of Hepburn Earl of Bothwell and the obtaining those Isles he exchanged the Abbacy with the Bishoprick of Orkney and so became sole Lord of the County Patrick succeeding to an elder Brother and grown a Courtier involved himself in great debts which inforced him the more tyrannous over the people to recover his wants At Glasgow was apprehended Oglevy a Jesuite lately come from Gratts by command of his Superior in that College He answered peremptory to the Commissioners questions professing not to prejudice others by any Confession Their torture to inforce him to impeach others was to debar him sleep for some time until he was forced falsely to accuse any body which he after repose would deny again The King was displeased with such forms to men of his profession and if no crime could be proved but his Calling and saying Mass they should banish him not to return on pain of Death but if his practice had been to induce the people to rebellion and maintained the Popes power transcendent over Kings and resused the Oath of Allegiance they should leave him to the Law But with all they were to urge his Answer to these Questions 1. Whether the Pope be Iudge in Spiritualibus over his Majesty and whether in Temporalibus if it be in Spiritualia 2. Whether the Pope hath power to excommunicate Kings such as are not of his Church as his Majesty 3. Whether he hath power to depose Kings after his excommunication and in particular his Majesty 4. Whether it be no Murther to kill the King so deposed 5. Whether He hath power to assoil subjects from the Oath of their native Allegiance to his Majesty He answers in writing To the first Affirmative in Spiritualibus But whether in Temporalibus he is not obliged to answer to any but a Iudge of Controversyes of Religion the Pope or one by his Authority To the second affirmative and that all persons baptized are under the Popes power To the third He will not declare but to a lawful Iudge of Religion To the rest ut supra He could not be moved by threats but rather railed at the Oath of Allegiance as damnable and treasonable against God and so came to Tryal of Life but was told over night That he was not to be tryed concerning his profession but for his former Answers to the Questions which he may recal and crave mercy but this he utterly refused And so was impannell'd grounded upon the Acts of Parliament against such as declined the Kings authority or maintained other Jurisdiction and upon his former answers He protests not to acknowledge the Iudges nor Iudgement Lawfull for if it be Treason here it should be so in all other Kingdoms which is not Your Acts of Parliament are made by partial men and of Matter not subject to their forum for which I will not give a fig. The King hath no Authority but derivative from his Predecessors who acknowledged the Popes Iurisdiction if the King will be to me as they were to minâ— he shall be my King if otherwise I value him not And for the reverence I do to you bare-headed It is ad redemptionem vexationis not ad agnitionem Judicii That the Iury were either his Enemies or his Friends if Enemies they could not sit upon his Tryal if Friends they ought to assist him at the Bar That what he suffered was injurious and not Iustice he had not offended nor would crave Mercy My Commission said he was by command of my Superiour and if I were abroad I would return hether again and repent only that I have not been so busie as I should in that which you call Perverting of Subjects and I call Saving of souls I do decline the Kings authority and will do it still in matter of Religion the most of your Ministers maintain it and if they be wise will continue in that mind As for that Question Whether the King being deposed by the Pope may be lawfully killed Doctors of the Church hold the Affirmative not improbably and as it is not yet determined so if it should be concluded I will dy in the defence And now to say It were unlawful I will not to save my life His insolent speech was shortned by the Jurors quick return who found him guilty and had Sentence of Treason and to stop his rayling was after Noon the same day hanged at Glasgow He was a desperate second Ravilliack and ready in that devilish doctrine of deposing and disthroning Kings which he urged the more he said as consonant to the Kirk Ministers tenents And that nothing troubled him but to be taken away ere he had done that which all Scotland and England should not have prevented and had it been performed no torments would have been by him refused So then we see the cause of his Execution For the King professed Never to hang a Priest for his Religion The opening of the Spring gave opportunity to sundry families of England to prepare themselves for planting in America Upon no great incouragement of profit or pleasure by any former Voyages of the English into those parts but people and trade increasing here they would unburthen this State with forein adventures The Design was for New England a part of America in the Ocean Sea opposite to that part of America in the South Sea which Sir Francis Drake discovered in his voyage about the world and named it Nova Albion But he was never imployed thither as a Discoverer or Planter upon this part of America taking the coast from Cape Florida in twenty degrees North Latitude North-East-ward to Cape Brittain Between the Degrees of Latitude from 20. to 45. King Iames granted Letters Patents being about fifteen hundred miles but to follow it aboard near two thousand miles And all this Coast from Cape Florida of twenty Degrees to five and forty was first discovered by Iohn Cabot with six sail of ships who had his Patent from Henry 7. Anno 1442. about the time that Columbus discovered the middle part of America for Ferdinand and Isabel of Spain and is called the West-Indies The first Colony from England was with Sir Walter Ralegh assisted in company of Sir Ralph Lane and Thomas Heriot that learned Mathematician Anno 1584. who in honour of Queen Elizabeth named it Virginia leaving there sixteen men which were brought home by Sir Francis Drake in his return from his West-India Voyage a year after and this part is contained from Florida to the Chesiopech Bay The next Northward is a part of Land to which Sir Iohn Popham Lord Chief Justice sent for Discovery and Trade 1606. but no success returned and since it is called New England Then the Land adjoyning Northward was discovered by Captain Gosnold all that coast being studded with broken Lands and called by him Elizabeths Isles Then you come to Cape Cod
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
some time resented with tears threatning revenge which to avoid they fly to England where Ruthen dies The Noise hereof in the Town caused the Provost to ring the Common Bell or sonner le Tocsen as the French speak assembling 500. and come up to the Court but the King told them all was well The King to strengthen himself after this Action inclined to the Religion and subscribed to a Proclamation that all Bishops Abbats and other Papists should avoid the Town which they did and commands the Provost and those of Lieth and Conogate to be in arms with advice also to other Lords to hasten to him with force And now comes Murray and other banished Lords being sent for as the Covenant against Rizio was subscribed convoyed by Hume with 1000. horse The Earls Cathness Athole Sutherland with all the Bishops being departed the Town In comes the other new faction of Lords and in Council advise the Queen to be satisfied with Rizio's death and take it as good service the Queen dissembling her passion got the remove of all the men in Arms out of the Court and so with some domestiques in the night drew the easy King to fly with her to Dunbar sending for all the Lords to attend in five daies The Religion by these factions ever-more get advantage which otherwise this Parliament now sitting might have lessned being most Papists for a dozen wooden Altars were prepared to be set up in St. Giles Church The Queen now assisted with Bothwell Huntley and others with Proclamation before them march with a thousand back to Edenburgh from whence the united Lords but divided in opinions depart and disperse and Knox we easily believe was not left behind And much troubled were he and his that the King by his Proclamation now excused himself from the Murther of Rizio who offended all men their own words the fact being done for his Honour if he had wisdome to see it and so lost his Credit and Friends by his Inconstancy and trâ—ly it was rumoured and some writ so that Knox had a hand in it Divers Lords were put to the Horn their Lands escheated and many of them executed but Arguile and Murray received into favour and both factions somewhat pieced and reconciled The King and his Father neglected and Bothwell preferred very highly The Ministers Supplicate for their Stipends complaining very humbly not usual of the Officers and Collectors and for redress desire Mandatory Letters for Restitution and to stop it in the Queens Exchequer till farther Order In all she promised very gratious relief The 19. of Iune 1566. the Queen at Edenburgh was delivered of a Son with exceeding joy and great happiness to all the Kingdome and the several assemblies followed assisted by Murray and Arguile wherein Paul Messans formerly excommunicate about his Bastard as aforesaid and now returned out of England was to be received into the Church again Knox invited him home and presuming of his free pardon and forgiveness sent his Apostolique Letters to accompany him to the Assembly and tells them in the words of St. Paul concerning the excommunicate incestuous person It is sufficient that he was rebuked of many c. For this cause I write that I might know your obedience in all things and to whom you forgive I forgive also c. But notwithstanding this Apostolick Command his Repentance is prescribed much like a Penance Presenting himself in Sackcloth bare of Bonnet and bare of Shoon for an hour at the Entry of Saint Giles Church in Edenburgh at seven hours in the Morn till Prayers psalm and Text and then upon the Stool all Sermon and so for three several Church-daies and confesses his Repentance And in this manner also in Iedwart and Dundee which after all performed and received a Repentant He complaining of this rigour and shame without taking leave of any retires back again into England The Bishop of Galloway the Earl of Huntleys Brother being called to Council could not brook his former title of Super-Intendent as he was stiled and thereof formerly well pleased but must be called Bishop of Galloway In August one Harris that had been of the Queens Chapel but lately of the reformed Religion and got into E. Ruthens service having acted in the Murther of Rizio was thereof convict hanged and quartered The King condemned of all and neglected of the Queen wrote to the Pope and to Spain complaining of the Queens ill Government of the Catholiques which she intercepted and resented to his ruin For Bothwel to bring on his Design aimed to be Principal and to effect his Greatness thought good to procure Morton to be called home but not to Court where he might look on and not be seen free from fear and danger and though a Kins-man to the King yet his Power was lessened to nothing Most writers complain of these times and some of them like Noahs blessed Sons overspread with the Mantle of silence the nakedness of these unnatural actions of such as we ought to ow duty and piety unto pittying the Errors of Princes Their excellent endowments of Nature and Morality not to be exampled and yet Shipwrackt in mis-governing I cannot search into all the Causes which drew on these lamentable events Secret Lothings in Wedlock which who knows but the Actors dislike hatred freedom revenge seconded with false shews of Reason and Colour of Law and Justice what will it not do Her Husband had dragged Rizio from her affection and favour to death He was not crowned but made publique by Her Proclamation not acknowledged by Parliament and in law but a Private Man and her Subject and so lyable to judgment But his powerful kindred and Friends prevent that attempt Secret Justice is Justice formalities are for common Causes and the Princes power may dispence with forms in case of necessity or convenience and so he became an object of wicked mens malice And now had Knox procured though heretofore he cunningly refused as fearing prevention or false play when now not overlooked he to his purpose got the Churches of Geneva Bern and Basil with others reformed in Germany and France to send to the Kirk of Scotland the sum of their several Confessions of faith he alleging the dissonant opinions of Scotland which occasioned an Assembly of Knox and his Confidents who having a confused irregulation without any positive Articles concluded as the most cunning way to assent to all without exceptions and so returned answer as if in Spirit to jump in faith and discipline who never could agree amongst themselves in either At this time the Kirks saies so Bothwell was wounded in chace of the Theeves at Liddisdale whom the Queen visited and thereof in grief took sickness in extremity but say they by binding Cords about her shacle bones knees and great Toes a pretty cure for our Mountebanks It seems an od fit of the Mother she revived prayed in English and commends the
hands of the Earls of Huntley and Arguile and sent to Q. Eliz. as an undeniable Truth dated Decem. 1567. which I have seen Hereupon the Confederates to acquit Bothwell of the Murder consent to the general apprehending all such as were suspected and Bothwel in particular accused by the Earl of Lenox the late Kings Father his Case is pleaded by Morton and he cleered by Sentence of the Judges And now Bothwell fitted with honour to a capacity of Mariage the Confederates gaining many Lords to their design set their hands to an Instrument for that purpose and altogether implore the Queen to mary Bothwell which being done and their turns served Then they increase a violent suspition and vent it abroad of the Queens guilt and consent with Bothwell and so conspire her deposing and his distruction Murray most suspected for the great Villany which followed intreats for leave to travel into France as weary of these Disquiets and to colour his knavery commits his whole Estate in trust to the Queen and Bothwell No sooner gone but all the Confederates take Arms publishing That Bothwell now Duke of Orkney intended to surprize the Prince and captivate the Queen who get forces and proclame them Rebels and march to Seaton and thereabout The Armies face each other of equal strength The French Embassadour mediates for Peace but to no purpose and so retires into Edenburgh The Lords to add Justice to their Cause which seemed horâ—id against their Comfortless and distressed Queen satisfie the people that were racked into fears and jealousies how to distinguish these distempers in State They caused therefore their Ensigns with this device The late King wounded and dead the Prince James kneeling by his hands heaved up towards Heaven with part of the Psalm Iudge and revenge my Cause O Lord. Then out comes Bothwel and to avoid the blood of many offers his own in combate against any Iames Murray the younger Brother accepts the Challenge but he is refused as not equal in honour The elder Brother William Laird of Tyllyburn and then Lord Lindsey desired the Combate To whom Morton sends the warlike Sword of Earl Archibald commonly called Bell the Cat and a Buckler with these he presents himself between the Armies and Bothwel there before But the Queen forbad them In fine the Lords increasing numbers being neer home Edenburgh and the Hamiltons failing the Queens forces Bothwel takes time to fly being under-hand advised by Morton his pretended back-friend which he did least if taken Prisoner he might be to unravel all these Treacheries And now absent it would increase belief of his and the Queens guilt in the late Murther of the King He gone and â—he worsted in fight and without any defence renders her self into Edenburgh Castle for thatnight and the next day she is carried Prisoner to a Castle in the Isle of Lochlevin under the strickt custody of Murrays Mother the Harlot of Iames 5. insulting over the poor imprisoned boasting her self the lawful Wife of Iames 5. and her Son to be his lawful Off-spring Bothâ—ell under hand sends to Balfore Governor of the Castle for a Silver Cabinet of the Q. which was delivered to the Messenger but discovered to the Lords who surprized it and so the secret Letters opened all their actions In this hurray of affairs the Ministers never idle break down the Abbies and all the figures of painting and sculpture in the rich Chapel of Holy-rood At last comes the Hamiltons with forces in sight of Edenburgh to recover all assisted with Arguile the Earls of Huntley Caithness Rothess Crawford and 15. Lords besides others of Geâ—try The other Lords move the general Assembly of Miniâ—ters now as alwaies in uprores convened in Iune to write to the Enemy And besides those Letters who more busie to accompany them and go on the Errand but the Ministery that meanâ— nothing less than peace Knox Dowglas Roe and Crage making such demands for themselves and more maintenance for the Ministery That the Cure would be far worser than the Disease These Peace-making Ambassadors but more military minded return with their message bad enough to be bid welcom which they also heighten for their own purpose and join altogether in 8. Articles That the former Parliament 24. of August 1560. and all the Acts for Religion should be made good and defended as lawful That the thirds of Tyths and larger proportion of Benefices for the Ministers For reception of youths into Schools and Universities by probate to be reformed Crimes against God to be punished The Murther of the King to be prosecuted The Prince protected The Covenant promoted Popery suppressed by arms if need were That all successive Kings and Princes at Coronation to be sworn to the Religion Queen Elizabeth detesting these unbridled insolencies of Subjects whom she termed Perfidious Ingrateful Cruel Rebels sends Sir Nicholas Throgmorton to expostulate with the Confederates to restore the Queen from imprisonment and preserve the Prince into England They all assemble Rebels seldom consent in unanimity but resolve Not to admit Ambassadours of England nor Le Croc. and Ville du Roy out of France to see the Queen Lethington the cunning Secretary and his faction advise for her restoring he Murther of the King to be answered the Prince provided for Bothwel divorced and Religion published Others would banish her perpetually into England or France and those Princes to undertake her Renunciation of Regency to her Son and certain Lords Others are for her Tryal Condemnation and perpetual custody and to set up her Son The last and most villains would have her deprived of Princely Authority life and all and this Knoâ— and other Ministeâ—s thundered out in Pulpits Throgmorton disputes her Cause alleging what the Word of God and all National Lawes do decree concerning the sacred power of Soveraigns and earthly duty of Subjects They reply with Buchanans damnable doctrine de Iuâ—e regni apud Scotâ—s Murray and he Contrivers of that Tractate contrary to the whole Histories of Scotland to create and depose their Princes They excuse their non-admission of the English Ambassadours address to Her with the denying of the French who seemed to be satisfied And in conclusion frame a Declaration in writing without subscription of any which they exhibite to Throgmorton in answer of all In effect To no other intent they shut her up but to sequester her from Bothwels person whom they pretend she dotes upon to their râ—in and so whilst she cools towards him her anger may abate from them with which result and no more he takes leave and returns home to England They work upon her restraint and miserable Imprisonment first in fair way to resign her Regency and to incline her they loosen her to a little freedom the better to shew her the means to escape away but increasing threats if she refuse to arraign her for Incontinency Murther and Tyranny At last they compel
first of his Majesties Reign should be onely professed in all time to come within the Realm and that none should abet or receive Jesuits Priests or other Adversaries of Religion upon the pain in former Acts of Parliament That all should conform hereto before February next or depart the Realm whither his Majesty shall appoint and not return till they turn Professors they and their Heirs always enjoying their Lands and Estates by Procurators in their behalfs The Earls of Angus Huntley and Arrol and the Lairds Achindown and Chisholm to be unaccusable of the Crimes contained in the Summons occasioned by their Letters and Blanks intercepted as before remembred concerning their trafficking with forein Princes against Religion c. discharging all Proceedings against them Provided if they offend hereafter the former Crimes to be added to their Charge That such of them as shall profess Religion are to be assigned their places of abode not to dispute publick or private in favour of Popery Huntly and Arrol to remove out of their company James Gordon and Oglevy Iesuits to finde Sureties in fourty thousand pounds to abide Subscriptions and Achindown and Chisholm in ten thousand pounds Such as leave the Realm to give caution not to practice with Jesuits abroad against this State and to declare their submission to their choice of conditions before January next or be liable to Trial by Law These were in effect concluded and signed unto by them which the King and Council confirmed and the three Earls subscribed but to small effect For the end of this Year begins fresh feuds the Iohnstons in the West-Marches made Incursions upon the Sanhares and killed eighteen persons and though great friendships had been contracted with Maxwel yet having in Commission as Warden to pursue the Offenders the Sanhares offered their assistance therein to bring all Niddesdale to depend upon him and Bonds signed unto for performance a Servant of Maxwels betrays this Bond into the hands of Iohnston who sends a Gentleman to discourse the truth out of Maxwel who first denied it but afterward said He must obey the Kings directions Iohnston to cope with such Combination associates with those of Tevedale the Eliots and Grahams and so meeting Maxwels Forces with the Commander Olephant kil'd him divers others Maxwel to repair his dishonour levies one thousand men and like a Kings Lieutenant with displayed Banner enters Annandale Iohnston not so many deals by policy sends out his Prikers the Boders cunning to provoke whom Maxwel encounters but by Ambuscade Iohnston comes in with power and puts them all to flight Maxwel was taken desiring Quarter as he had often given Iohnstons father and reaching out his hand for to confirm it had it basely cut off and afterwards butched to death he was a man much lamented of great spirit humane and more learned than Lords are yet like most of them ambitious And this to be done to the Kings Lieutenant might amaze some men to consider the Distempers of the Nation and the wisdom of a young Sovereign how to ballance these frequent Feuds and to bandy against Bothwels Treasons Papists conspiracies tumults and insurrections the Gangrene Evil of insolent Assemblies evermore eating into the Bowels of Government to devour and devastate all for this present he assigns the Lord Herris Drumlanrig Lagg and other Barons to abide at Dunfres to quiet and repress Disorders The time limited to the Popish Lords Ianuary 18. is past and they omiting the benefit of Abolition are charged to enter their persons into Ward Angus into Blackness Huntley in Dunbritton and Arrol to Edenburgh Castle and Achindon in Tantallon but neither of them obeyed The King removes to Sterling where Queen Ann was delivered of her first-born the 19th of February 1593. To which place arrives the Lord Zouch from Queen Elizabeth to congratulate her Delivery and to complain to the King his remisness against the Popish Lords for she was informed of the Articles of November and being told besides by some busie Presbyters at home the Kings favour to his Popish Lords her age made her often apt to entertain such Tales and her Jealousie summ'd up Reasons to her self soon to believe them But her Ambassadour taking time to understand what had passed could not be at leasure to suspend his judgment or confidence in the Kings prosecution to effectual punishment And therefore to hasten homewards he tampers for Bothwel the immediate end of his Errand deals with the Ministers the most especial amongst them to countenance his fresh Insurrection with numbers of loose persons and which troubled the King they commend Andrew Hunter one of their own to be Bothwels Chaplain in Ordinary And being thus emboldened they go on to raise Moneys themselves levy Souldiers to assist his Treasons Nay more see their piety to Rebellion their sacrilegious assistance even with those very Moneys benevolent Contributions collected by their Pulpit Oratory out of the poor peoples purses for supply of Geneva Brethren then in much misery and in a mad fury distributed unto Robert Melvil and George Strang two Rebell Captains for the well-affected Cause of the Traitor Bothwell His Design taking up a new motive and pretext Justice against the Popish Lords but in truth his Malice and Revenge pretended also for the slaughter of Murray And with him joyned Argile and Arrol to meet at Lieth not without hourly intelligence with the English Ambassadour Zouch who fearing that the Kings foresight had espied his juggling stole away home without biding Bothwel Farewell Whose Cause was cried up advancing from the Borders with four hundred Horse coming to Lieth very early the first of April and this he durst do the King being so near at Edenburgh but meanly guarded and put to it to speak for himself after 〈◊〉 Sermon for the Pulpit would not He passionately tels the People all the stories of Bothwels Aâ—tempts and his Treason now reasoning with the Multitude some suspition of his siding with Papists 〈…〉 of the Lords 〈◊〉 them in â—â—inde almost forgotten that he was their 〈◊〉 King and Soveraign and brought it home to their self-consideâ—â—tion if Bothwel should prevail against him what they must expect of the Borderers upon them Much â—do they are moved to arm and to accompany theâ—r Commander the Lord Hâ—me who lead the Horse and the bold trained Bands march after the Cannon taken out of the Castle to besiege Lieth But Bothwel was removed towâ—rds Dalkieth dividing into three Troops Humes Horse followed to obseâ—â—e what course he held whilest the King made a Halâ—â—t â—t â—orrowâ—moâ—r Bothwels Scouts finding them 〈◊〉 encourage him to turn upon Hume which he did with some advantage being above the others number gave him â—â—ace in 〈◊〉 retire which moved some to advise the King to secure himself in the Town Restaâ—â—â—g No says the King 〈◊〉 never quit the Field to a Traitor And though in eminent danger stood it still whilâ—st
the E. of Salisbury 1. Therein they acknowledg the late Design most inhumane and barbarous attempted by undertaking Spirits more fiery and turbulent than zealous and dispassionate to the general stain of the State of their catholick cause in the eye of corrupt judgments not able to farm away the fault of the Professor from the Profession it self which abhors the fact more than any Puritan does 2. They accuse him the Primus Motor to determine the â—ooting out all memory of their Religion by Banishment Massacre Imprisonment or some such insupportable pressures or else the next Parliament to decree more cruel and horrible Laws against them 3. They threaten that there are some good men for continuing their Religion and for saving of many Souls resolve to prevent it though with assured Ruine and admonish him that five have severally undertaken his Death by Vow upon the blessed Sacrament if he continues his daily plotting against them That not any of them know the other for preventing discovery the first shall attempt by shot and the rest follow and all of them glory in their own sacrifice to prevent the general calamities of Catholicks which by his transcendent Authority with the King is more than expected They tell him that for the easier digestion of the Danger two of the Attempters are so weak they cannot live three moneths the other three so distressed for being onely Catholicks that their grief dulls any apprehension of death 4. As for themselves that admonish they know no other means to prevent it he being the Match to give fire to his Majesty to whom the worst they wish is to be as great a Saint in Heaven as he is a King on Earth And conclude Where once true spiritual resolution is the weak may take sufficient revenge of the mighty A. B. C. D. c. His Answer 1. That the Panegyrical Oration of Pope Sixtus Quintus preferred the Murder of Henry 3. of France before the act of Iudith to Holofernes by which Gods people were delivered onely the Papists make ill interpretations where it fails in execution for otherwise Faelix scelus virtus vocatur and many other Authors maintain deposing Kings And wonders that those who imploy such seditious Spirits have not by definitive Sentence wherein the Pope is supposed not to err explained their assumed power over Princes for security as well of those which acknowledg his Superiority as of others which do not approve his Iurisdiction that Subjects may know their distance of fidelity to either As for the former practice by Excommunication it deprives onely from spiritual graces without so gross an usurpation as to destroy their being in nature The Writ it self De Excommunicato capiendo and others such proceed rather from the goodness of such Christian Kings to work better obedience to the Rules of the Church than from the power of Excommunication All Cenâ—ures of the Church having left life untouched Sive Ethnicus sive Publicanus Many Heathens teaching this Rule Bonos Imperatores Voto expetere oportet quoscunque tolerare He marvels at those dark Writings published upon this Accident against such as shall attempt against Princes by private Authority but leaves it a tacit lawfulness by publick Warrant like their gross Equivocation so extolled at Rome though it sunders all humane conversation Saint Austin refuses the Priscilian Hereticks in their Equivocation Corde creditur says he ad Iustitiam ore fit confessio ad salutem c. breaking out into expostulation O fontes lacrymarum How shall we hide our selves from the displeased face of Truth 2. That these Calumniations are like Adam's Fig-leafs unable to cover their shame for as he sought a covering Non quia nudus sed quia lapsus so is it their fault not their fear to cast imputations upon Prince and State Sed pereuntibus mille figurae So Nero set Rome on fire and after laid the blame on Christians The pecedent Reigns of the two late Sisters of different Religions more bloud in five or six years of the first than in five and forty of the second Hath this King shewed any print of bloudy steps rather qualified than added severe Laws And appeals to their own consciences judg and witness whether the fury of this Treason inflaming many against Catholicks the nature of sudden peril hardly admits just distinction hath committed any one act of bloud or cruelty under colour of publick safety Nam crudelit as si a vindicta justitia est si a periculo prudentia Nay the King pronounced in open Parliament after Not to condemn the general for particulars as a Prince of peace and mercy deferring execution which Theodosius wishing Se potuisse potius mortuos a morte revocare As for the imaginary Power of the Lords of the Council and himself of the Quorum he takes it as an honour to receive not onely injury but persecution in so noble a society who know that Counsellours for Kings stand for thousands or hundreds as he pleases to place them Their greatness growing from humble endeavours their merit from gracious acceptance and though they borrow his name as the Boutefeu to make him the Mark of their malice yet such as judg the spirit of the Pasquil will hardly imagine but that this Faction follows onely the body of Authority neither head nor members but also the Church and Common-wealth which like Hippocrates Twins have long wept and laughed together His greatness being onely in the eye of envy of those which ground their faith upon weak principles if they imagine his distinction a matter he says of so small consequence can clear them free from contriving higher practices 3. To the Protestation that the five Assassinators having their feet so near the grave their ghostly Father deserves less thanks to send them thither with Hempen Halters and in bloudy Coffins not the marks of Rome Heathen nor Christian for Victories were scorned which were barbarously gotten Mixt is vene no fontibus And the Arms of the Primitive Church were Tears and Prayers But such Recusants as do discover these pernitious spirits will discern the darkness and danger of that Religion lapped up in implicite obedience the Conscience and Treason growing up as close together as the Husk and Corn in one Ear to eat their God upon bargains of bloud Those that are full of grief as is said for being Râ—cusants Plus tristitiae quam poenitentiae more that their Plot failed than that it was intended Counsellours are Sentinels over the life of Kings and States The Laws which punish the Branches of all Treason are derived from Parliaments of two hundred years in force and so are our Laws made not by a few much less by any one 4. As for himself with whom they condition to leave off his Plotting against Recusants The Husband-man over-curious of Windes and Clouds neither sows nor reaps in season So that Servant that becomes awfull of his Sovereigns Enemies for power or envy deserves not favour
nor protection That the King hath not taken up wisdom of Government upon credit but carrieth still the Iethro of order in his own bosom disposing the mean causes to the Rulers over hundreds and fifties reserving the greatest to the greatness of himself And freely professes though he doth not participate with the follies of the Fly upon the wheel of fortune yet is he so far ambitious of his Masters favour as to be not so much his creature by the undeserved Honours he holds from his Majesties grace and power as in desire to be the shadow of his minde towards whose royal Person he glories more to be honest and humble than to command in any other Calling And to say that men resolved to die are Masters over others lives such power hath the least Spider by permission and if so that the days of his life were in their hands to take from him some moneths of joys so more years of sorrow but he believes not that the Mountains shake when the Moles do cast nor thinks he to purchace a span of time as for the fear of any mortal power Aut Deo aut Patriae aut Patri Patriae deesse Magistrates who converse with variety of spirits must undergo Tempests And their Glasses being done that glory which makes worthy men live for ever their Heirs shall inherit after them And therefore Suadeat loquent is vita non oratio Besides Romes powers are discovered her Towers taken and it is suspected that she will play so long with the temporal powers of Kings as their work will break down her walls so therefore it ill becomes their servants to slacken for fear of malice the Evening and the Night shall come upon them naturally one after another their faith shall ascend before them and their good fame shall follow after Et hic â—aculum fixit This next Session of this Parliament the Union was revived by motion of the Kings Solicitor Sir Francis Bacon to have the Scots naturalized by Act of Parliament after many subtil Arguments on both sides pro con and to allay the heat the King convenes both Houses before him at White-hall where with an excellent method he recounts all their former controversed Arguments and concludes with Reasons undeniable for unanimous consent to admit of the Union But to avoid their tedious Disputes I shall onely abbreviate the Kings Speech in answer to all He distinguishes his desires the Union which he seeks is of Laws and Persons such a Naturalizing as may compound one Body of both Nations Unus Rex unus Grex una Lex He unravels their intricate Arguments and sweetens them with his intentions 1. That all hostile Laws should cease because the King of England cannot war with the King of Scotland That community of Commerce is necessary He being no stranger but descended of their ancient Kings It were improper for him to be their natural Sovereign and the Nations strangers to one another and being both under the same Alleageance ought to have more freedom and better respect than Frenchmen and Spaniards 2. They all agree that they are no Aliens then must they be allowed to be natural That there was a difference the Ante and Post-nati of either Kingdom and therefore his Proclamations gave notice that the Post-nati were naturalized by his accession but he confessed that Iudges may err in that opinion who told him so so may Lawyers on their side but bids them beware of abusing either lest they endeavour to disgrace King and Laws who have power when Parliaments are not to try them for Lands and Lives 3. That there were some flatterers and would prefer the Ante-nati upon a jearing pretence to have their merit preferred in his service Mel in ore fel in corde But they shall know his Prerogative can prefer at his own pleasure to any Dignity though he is willing to restrain himself for respects to the English He urged it as a special mark of Prerogative to endow Aliens with freedom and where the Law is not therein clear Rex est Iudex he being Lex loquens supplying the Law where it wants thus he speaks as skilfull in the dues of Sovereignty intends not the pressure upon their love but with conveniency to both Kingdoms The inconveniences as from Scotland are pretended to be 1. An evil affection in them to the Union 2. The Union to be incompatible 3. The gain small or none Why then is there talk of Union They allege Reasons of the first from the body of their Act To remain a free Monarchy and not alter Fundamental Laws and yet it was urged heretofore The Scots greedy of this Union to attain to the substance and end These are contradictions but for their free Monarchy he hopes they mean not that he should set Garisons over them as the Spaniards do over Sicily and Naples He need not do so who governs them by his Pen and his Council-commands and his Chancellour there can govern their Tongues too not to speak as ye do what and as long as ye list without contradiction 1. He tells them the Laws of Scotland those of Tenures Wards Liveries Signiories and Lands are in effect drawn out of the Chancery of England brought by Iames the first who lived here and differ onely in terms 2. The second are Statute-laws to which he wishes they would be no strangers 3. The Civil Law brought out of France by Iames the fifth to supply the defects of the Municipal Laws In these respects the Laws alike why not the People First it is an Objection of yours that the King in Scotland hath not a Negative Voice in Parliament he tells them that the Form of Parliaments there inclines nothing to popularity their manner is by Proclamation to bring in their Bills to the Master of the Rolls by a prefixt day then to the King to be allowed by him and then given to the Chancellour to be propounded and no other If any man offers otherwise the Chancellour corrects him and being past the King confirms them rasing out what he doth not approve and if this be a Negative Voice he hath one Secondly that which seems so incompatible is the Union of the French and Scots He assures them it was a League onely between the Kings not the People the occasion was that England and France at one time solicited a League offensive and defensive against each others Enemies The reasons went for England being our Neighbours of one Continent strong and Powerfull Nation and so more security the Amity with England than France far off beyond Seas and hazarded to Accidents of relief Then they who argued for France alleaged that England ever sought to conquer Scotland and therefore never can be Friends The remoteness of France claimes no Interest and therefore more Constant and Faithfull and so it was concluded on their part But then it was concluded meerly Personall from King to King and to be renewed by their Ambassies
Bishop or Knight to cry up and down their Subjects as their coin And as their Soul and Body to God so to the King affections of the Soul and service of the Body And he justified the Bishops late Sermon of the Kings power in Abstracto to be true Divinity But then as to the general so to exhort them how to help such a good King as now they have putting a difference between Power in Divinity and the setled state of this Kingdom For the second fathers of families had Patriam potestatem vitae et Necis for Kings had their original as heirs from them planted in Colonies through the world And all laws allow Parents to dispose of children at pleasure For the last The head judgeth of the Members to cure or cut off But yet these powers are ordained ad correctionem non ad destructionem and as God destroys not but preserves nature so a father to his Children a Head to his Members But then he distinguished the state of Kings in Original and of setled Monarchs For as God in the old Testament spake by Oracles and wrought by Miracles yet after the Church was setled in Christ and a cessation of both he governed by his revealed Will his Words So Kings beginning by Conquest or Election their Wills Lawes and being setled in a civill policie set down their mindes by Statutes and at the desire of the people the King grants them and so he becomes Lex Loquens binding himself by a double Oath Tacitly as King and expresly by his Oath at Coronation a Paction with his People as God with Noah If otherwise he governs them a King turns Tyrant Either govern by Law says the widow to Alexander Aâ—t ne Rex sis There needs no Rebellion against evil Kings for God never leaves them unpunished And concludes That to dispute what God may do is Blasphemy but Quid vult Deus is Divinity so of Kings Sedition in Subjects to dispute a Posse ad Esse He professes Reason for his Actions and Rule for his Laws He dislikes not the Common Law favourable to Kings and extendeth his Prerogative To despise it were to neglect his own Crown The Civil serves more for general learning and most necessary for commerce with Nations as Lex Gentium but though not fit for the general Government of this People yet not to be therefore extinct not to prefer Civil before Common Law but bounded to such Courts and Causes as have been in ancient use as the Courts Ecclesiastical Admiralty of Request reserving Common Law as fundamental Prerogative or Privilege King and Subject or themselves Meum Tunm No Kingdom in the World governed meerly by Civil Law their Municipal Laws always agree with their Customes God governed his People by Laws Ceremonial Moral Iudicial Iudicial onely for a certain people and a certain time Example If Hanging for Theft were turned to treble restitution as in Moses Law What will become of the middle Shires the Irishry and Highlanders If fundamentally be altered Who can discern Meum tuum It would be like the Gregorian Calendar which destroys the old and yet this new troubles all the Debts and Accounts of Traâ—â—ick and Merchandise Nay the King avows by it he knows not his own age for now his birth-day removes ten days nearer him than it was before that change And yet he desires three things to be cleared in the Common Law and by advice of Parliament 1. That it were in English for since it is our Plea against Papists for their language in Gods service an unknown Tongue Moses Law being written in the Fringes of the Priests garments so our Laws that excuse of ignorance may not be for conforming themselves thereunto 2. Our Common Law is unsettled in the text grounded upon Custom or Reports and Cases called Responsa Prudentum Indeed so are all other Laws save in Denmark and Norway where the Letter resolves the circumstances making variations that therefore so many Doctors Comments so many different Opinions the Iudges themselves disclame and recede from the judgment of their Predecessors the Parliament might set down Acts of Confirmation for all times to come and so not to depend on uncertain opinions of Iudges and Reports nay there are contrary Reports and Presidents The same corruption in the Acts of Parliaments which he called Cuffing Statutes and penned in divers senses and some penal which no man can avoid disagreeing from this our time yet no tyrannous or avaritious King would endure 3. For Prohibitions he hath been thought to be an Enemy to them he wishes that each Court might have limits of Iurisdiction certain and then if encroached upon Prohibitions to issue out of the Kings Bench or Chancery and so to keep every River within his proper banks The abuse and over-flowing of Prohibitions brings in most Moulture to their own Mill. The King had taken it in task in two or three several Meetings before and after a large Hearing he told them Ab initio non fuit sic And therefore ordered each Court to contain themselves within their own bounds That the Common Law be sparing of their Prohibitions also and to grant them 1. In a lawfull form but in open Court onely 2. Upon just and mature information of the Cause for as good have no Sentence as not Execution He instanced in a poor Ministers Case thereby enforced to forbear his flock becomes non-resident obtains a Sentence and expecting the fruit is defrauded by Prohibition like CHRIST'S Parable That night shall his soul be taken from him Tortured like Tantalus gaping for the Apple it is pulled away by Prohibition And concludes with the difference of true use and abounding in abuse to be considered The second general Ground Grievances are presented in Parliament as the Representative of the People the highest Court of Iustice but concerns the lower House properly The manner opportune in Parliament or inopportune as private men but then not to be greedily sought for nor taken up in the streets thereby to shew that ye would have a shew made of more abuses than in truth of cause not to multiply them as a noise amongst the People So that at the very beginning of this Session each one multiplied and mustered them as his Spleen pleased He therefore thanks them for that these finding many such Papers stuft up in a Sack rather like Pasquils than Complaints proceeding more from murmuring spirits they made a publick Bone-fire of them all a good effect of an ill cause So to take care to prevent the like lest the lower House become the place for Pasquils and may have such Papers cast in as may contain Treason or Scandal to the King and his Posterity the ancient order was to be openly and avowably presented to the Speaker first He confesses that they are just and faithfull to their Trust to be informed of Grievances and acknowledges that his publick Directions and Commissions may be
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
May it please your Majesty BY this Gentleman your Majesties Lieutenant I understand of some halt you made and the cause of it at such time as he offered to your Majesty my Letters but soon after your Majesty could resolve your self and behold me nothing so diffident of you but in humble language petitioning your favour for I am in hope that my condition is not capable of so much more misery as I need make my passage to you by such way of intercession This which follows after I offer your Majesty though not as to your self for upon less motive you can finde favour for me Now I need onely move not plead before your Majesty as my case doth stand for what I seek to have done follows upon what you have already done as a consequence and succeeding growth of your own act But to the effect that your Majesty may see that there is enough to answer those if any such there be as do go about to pervert the exercise of your Power and to turn it from its own clear excellency for to minister unto their passions I have presumed to this end to awake your Majesties own conceit upon this subject which can gather to it self better and more able defences in my behalf upon this view for though the Acts of your Mercy which are not communicable nor the causes of them with others as derived from those secâ—â— motives which are onely sensible and privy to your own heart and admit of no search or discovery to any general satisfaction and that under this protection I might guard my particular sufficiently yet my case needs not hide it self but attend the dispute with any that would put upon it a monstrous and heavy shape though that I must acknowledg that both Life and Estate are forfeited to you by Law yet so forfeited that the same Law gives you the same power to preserve as it doth to punish whereby your Majesties higher Prerogative doth not wrestle with it nor do you infringe those grounds by which you have ever governed so as the resistance is not great that your Majesty hath for to give Life and which is less in the gift of Estate for that the Law casts wholly upon your self and yields it as fit matter for exercise of your goodness Once it was your Majesties gift to me so it may be better not taken than a second time given for it is common to all men for to avoid to take that which hath been once their own And I may say farther that Law hath not been so severe upon the ruine of innocent posterity nor yet cancelled nor cut off the merits of Ancestors before the politick hand of State had contrived it into these several forms as fitted to their ends and government To this I may add that that whereupon I was judged even the crime it self might have been none if your Majesties hand had not once touched upon it by which all access unto your favour was quite taken from me Yet as it did at length appear I fell rather for want of well defending than by the violence or force of any proofs for I so far for sook my self and my cause as that it may be a question whether I was more condemned for that or for the matter it self which was the subject of that days controversie Then thus far nothing hath appeared wherein your Majesty hath extended for me your power beyond the reasonable bound neither doth any thing stand so in the way of your future proceedings but rather make easie your Majesties favour for my relief What may then be the cause that malice can pitch upon wherefore your Majesty should not proceed to accomplish your own work Aspersions are taken away by your Majesties letting me loose to the utmost power of Law with the lives of so many offenders which yieldeth the world subjects of sorrow rather than appetite to more bloud but truth and innocency protect themselves in poor men much more in Kings Neither ever was there such aspersion God knows in any possibility towards your Majesty but among those who would create those pretences to mislead your Majesty and thereby make me miserable If not this whereof the virtue and use was in the former time and now determined there is not any but your pleasure It is true I am forfeited to your Majesty but not against you by any treasonable or unfaithfull act besides there is to be yielded a distinction of men as in faults in which I am of both under the nearest degrees of exception Yet your Majesty hath pardoned Life and Estate to Traitors and to strangers sometimes the one sometimes the other nay to some concerned in this business wherein I suffer you have pardoned more unto them than I desire who as it is reputed if they had come to the test had proved Copper and should have drunk of the bitter cup as well as others But I do not by this envy your favours to any persons nor seek I to draw them into the yoak with my self but applaud your Majesties goodness being in that respect in a nearer possibility to come at me Besides this to Elvish your Majesty hath given Estate which is a greater gift than Life because it extends to posterity who was the worst deserver in this business an unoffended instrument might have prevented all after-mischief who for his own ends suffered it and by the like arts afterwards betraid it To this I may add Tresham in the Powder Treason upon whose Successors I do not cast any of his infamy yet he preserved himself to posterity so as what he or others sucâ— as he have defrauded by the arts of Law and whom their own unfaithfulness made safe I have much ado to hold by ingenuity and confidence How may it be because I distrusted not your Majesty or because it returned in your power from whom I had it is it in danger to be broken or dismembred Let me hope that there is nothing which by favour may be excused or by industry might have been avoided that will fail me where your Majesty is to determine It is not I that thus put your Majesty in minde oportunely it is he that was your creature it is Somerset with all your honours and envious greatness that is now in question Kings themselves are protected from the breach of Law by being favourites and Gods Anointed which gives your Majesty like privilege over yours as I took from Doctor Dun in his Sermon that the goodness of God is not so much acknowledged by us in being our Creator as in being our Redeemer nor in that he hath chosen us as that nothing can take us out of his hand which in your Majesties remembrance let me challenge and hope for for the first accesses of favour they may be ascribed unto ones own pleasing themselves but that appears to be for our sakes and for our good when the same forsakes not our civil desires
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
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
their view Chancells were so divided from the body of the Church and thereupon so called And the Lord Chancelour and Lord Keeper have one power by Stat. anno 5. Eliz. So then you see how and for what he hath his name And though his Authority be highest yet it is given to him by the Law and proceedeth in course of Law not according to conscience but Law That all Justice runs from the Supreme power so by the Chancelour to all Jurisdiction A man complains of wrong or sues for right in Chancery from which Bill of complaint issues a precept commanding the Defendent to appear at a Day So then a man may not be sued before he have a Writ or Breve from the Chancelour a singular regard to the meanest The very Writs of Chancerie are prescribed by Law and a form registred in Chancery and if not accordingly issued out the Judges will reject them called in Law Abating of the Writ His Authority to judge is of two sorts by common Law or Positive Law Potentia Ordinata Processe pleading judgement Potentia Absoluta by Processe according to the Law of Nature viz. to send for the party to answer upon Oath to examine if he will not answer yet the Chancelour cannot condemn him in the cause for obstinacy Potentia Ordinata mispleading on either part may mar the matter and the judgement must be according to Law however the Equity of the case fall out But if the pleading be by Absolute Power though the party misplead if the matter be good the Iudgement must be by equity and not as the pleading be either formal good or bad or as the law will in the case The Question followes whether that conscience whereby the Chancelour be simpliciter and to be simplex conscientia or Regulata Viz. To be ordered by course of Court former Presidents and if no Presidents whether Reason in codem respectu may take cognisance of the cause viz. A rich Father to suffer an honest son to beg or a rich son contrario the Chancelour cannot Hereupon we may conclude that his Authority judicial both Ordinata and Absoluta Potestas are limitted by the Law of the Land For in the Ordinary he is tyed to the strict rule of Law and by the Absolute he is ruled though not by the course of law yet he is to deal per regulatam conscientiam but in any case not to contradict what Law hath allowed But to conclude his Absoluta Potestas by what means he should find out truth Truly it is without limitation only to be referred to his own Gifts and the grace of God that gives Wisdom Sir Francis Bacon succeeded Elsemere Lord Chancelour though a wonder to some so mean a Man to so much preferment he was then Atturney General and as others by that placc and in the usual way of preferment time beyond memory come to high Office of Indicature either there or to other Benches and so did he But his Mis-deeds afterwards turned him out of all and he dyed poor and private See Anno 1621. And as his Genesis of preferment came to the chair of State so the Exodus of the Treasurer Suffolk in his Office brought him to the Star-Chamber and the Glory of the new Chancelour Chair-man there to sit in censure upon him and so to set out himself in his Matchless Eloquence which he did then by Sentence as the Mouth of the Court as all others had done Their abilities affording them several waies and manners in that Court more particular as their Qualities concern them to distinguish So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset He now finding the Fate of Court-policy final in this Lord and his malice at Liberty to speak what he list Parrallels this Lords Crimes with other such corrupt Treasurers raking Presidents of all former Predecessors Even from Randolphus de Britton who was sentenced to lose all lands and goods but was restored to him and fined 3000. 1. for misusing K. H. 3. Treasure Such another was Treasurer of Ireland Petrus de Rivallis and of great command also high Chamberlain of England to Edw. 1. his Offences were Bribes of all men poor and rich Religiosis quam de Laicis fined and ransomed So did the Abbot and Moncks at Westminster took out of that Kings Treasury there ad inestimabile Damnum Regis Regni For which these privileged pretenders could not be exempt from Tryal and the Temporalities of the Abby seized for satisfaction till which time of payment they suffered Imprisonment Nay Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then though small but a hundred pound of the Earl of Monteallo ut amicus in agendis negotiis versus dominum Regem lets him escape Prison to do his buâ—inesse and given of free Will and ex curialitate sua yet in those dayes it amounted to Extortion But he had Additionalls having indicted Iohn de Eugam of Tresgass for the Mannor of Fisby to which the King had title and imprisoned him and when another Mannor was conveyed to the Bishop for Courtesies done diversas curialitates Eugam was set at liberty but it seems the Bishops plea would not serve his turn That the King would rather punish by Imprisonment than fine And those good times accounted it Bribery Again the Bayliff of Oxford was committed for arrears of one hundred pound in his accompt and the Mannor of Calcat conveyed to the Bishop for satisfaction yet because he was of pure Devotion discharged by the Bishop these cases all three were condemned of Extortion and Bribery and the Bishop soundly paid for it by his purse and imprisonment In Edw. 3. He imprisoned William Lord Latimer with punishment and fine being in Commission to pay off the Kings debts he compounded for eighty per centum and 30. for 40. by which saies the Record he turned it upon the King to be a Bankrupt Compounder So did the Baron Nevil bought the Kings debts of the Army and though he pleaded that they forgave him the Remainder freely yet was he fined Such like as these were brought Examples to raise the Offence of this Lord Treasurer of himself as of high birth so most Noble and without doubt disdaining to commit base crimes but whether the guilt of Sir Iohn Dingly one of the Tellers in Exchequer an intimate Servant to the Secrecies of Suffolks Countess or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of Or the vain and monstrous expence heretofore of that family All that could be besides the necessity of Court-Fate cast in his dish was the imbezeling the monies lately paid by the States of the Netherlands for redemption of the cautionary Towns Flushing and Bril and he fined thirty thousand pounds and Dingly two thousand pounds the
such as will not be themselves but their wives and families shall be and they shall appear at Church sometimes inforced by Law or for fashion these are formal to the Law and false to God The second sort are Recusants whose consciences are misled and therefore refuse the Church otherwise peaceable subjects The third are practising Recusants they will force all persons under their power and infect others to be as they are Recusants these are men of Pride and Presumption His opinion can bear with the person of a Papist so born and bred but an apostate Papist hâ— hates such deserve severe punishment He is loth to hang a Priest for Religion and saying Mass but if he refuse the Oath of Allegiance which is meerly Civil he leaves them to the Law against whom it is no persecution but Iustice and the like against those Priests that return from banishment such also as break Prison they can be no Martyrs that refuse to suffer for their conscience Saint Paul would not go forth when the doors were open and Saint Peter came not out till led by the Angell of God Then he concludes with the Ordinary charge against the numbers of Alâ—-houses too frequent buildings in and about London and also the extreme resort of the Gentry to the City bids them countenance the religious Clergy against all Papists and Puritans and God and the King will reward their service Let us remind Scotland It was eight years since the Marquess of Hunâ—lâ—y had been excommunicate upon hopes from time to time of his conformity and reconcilement but increasing insolencies was lately committed and as soon inlarged by the Chancelour underhand favouring too much the Papists The Church complain hereof to the King the Marquess posts to England to palliate his displeasure but a Messenger meets him at Huntington with command to return him home to Justice Yet here he staies until he receives new authority to appear at Court where he humbly submits and offers to communicate But being contrary to the Canons before absolution a great debate followed how to hazard him to the Church of Scotland lest by the way he should recant and indeed the King evermore endeavouring to rectifie his conscience and to recover him to be a Proselyte The adventure was thus pieced the Bishop of Catnes now at Court must consent in the name of the Scots Kirk for the Arch-Bishop of Canterbury to absolve him and the Form new devised so to do in respect of the correspondency of that Church with England The Scotish Church hears of this and interprets that Act as an usurpation upon their Rites which the King is fain to excuse in a long Letter to satisfie that curiosity and lest he should seem to take upon him to palliate so great a presumption of himself onely The Arch-bishop also gave his Reasons in writing without intrenching upon the independencies of so free absolute and intire Authority of Scâ—tland And withall Huntley come home must supplicate that Assembly now convened at Aberdene for their confirmation and his submission which was solemnly performed And because it was about the end of the General Assembly we shall shut it up with inserting such Articles as may enlighten the Reader to the knowledg of the Kings elaborate care and wisdom in reducing perverse Jurisdiction to this moderate issue in conformity to the Discipline of the Church of England by which we may conclude the evident signs and hopes of a full recovery in time from their peevish Hierarchy which had been prosecuted in some measure from the very time that this King took Government to himself and brought it before his death to a semblable conformity with England and might so have prospered to perfection had not their and our sins since set a period to us both 1. That for more reverence of the holy Communion the same should be celebrated Kneeling which always had been standing 2. Not to be denied the Patient desperate sick in his Bed with three or four of religious conversation to communicate with him 3. The Sacrament of Baptism not to be longer deferred than the next Sunday after the Birth and in necessity in a private house by the Minister and publication thereof the next Sunday in the Church 4. That the inestimable benefits received from God by our Lord Jesus Christ his Birth Passion Resurrection Ascension and Sending down the Holy Ghost having been commendably remembred at certain days and times by the whole Church of the world every Minister upon these days should therefore commemorate the said benefits upon those set days and to make choice of several pertinent Texts of Scripture to frame his Doctrine and Exhortations thereto And because Confirmation after Baptism stuck in their stomachs and indeed the King was unsatisfied therein terming it a meer Hotch-potch and not clear to his apprehension But yet thus much was concluded That seeing the Act of Confirmation of Children is for their good Education most necessary being reduced to the primitive integrity the Minister shall catechize them after eight years old to rehearse the Lords Prayer the Belief and ten Commandments with Answers to Questions in the small Catechism used in the Church And that the Bishop in their Visitations shall bless them with Prayer for their increase of Grace and continuance of Gods heavenly gifts with them So much was done indeed and presented humbly to his Majesty with some Reasons why the same being novel to them were not as yet inserted with the Canons which the King did not then otherwise press as resolving to effect his desire at his coming personally into that Kingdom when his presence should satisfie with Reasons all scrupulous aversion About this time happened that difference in the Family of Sir Thomas Lake one of the Secretaries of State between his Wife and Daughter and the Countess of Exeter which involved him and his into ruine This Lake was a learned Gentleman brought up under Sir Fr Walsingham that subtil Secretary of State as Amanuensis to him And after good experience of his deserts was recommended to Queen Elizabeth and read to her French and Latine in which Tongues she would say that he surpassed her Secretaries and was so imployed all her time for he was reading as to quiet her spirits when the Countess of Warwick told him that the Queen was departed But not long before she received him Clerk of her Signet And he was chosen by this State in that Place to attend King Iames from Berwick And so sufficient he was that the King made use of his present service in some French dispatches by the way that he came hither which indeed Secretary Cecil had reason to resent as too much trenching on his Office And therefore craveed leave of the King that he might not attend beyond his Moneth to prejudice the other Clerks which was excused and he kept still at Court These sufficiencies of his enabled him in these times of gaining with much repute and
course but it fell out more fatal to him which lasted to the end and thereby wrought its best use In the midst of sufferings the bread of sorrow tastes better than the Banquet of fools for afflictions brings such mens souls to be Saints at the Mark which otherwise would be overgrown with too much Greatnesse His memorable abilities remain but in few and his compassionate infirmities common to all To expiate which he did as became him to do to the House of Peers prostrate himself and sins which ingenuously he acknowledged promising amendment of his life and made it good to the Worlds eye Those excellent works contrived in his retirement do evidently manifest his wit and worth with much regret to many good men that such an one should be fallen off from the face of State In Bacons place comes Doctor Williams Dean of Westminster by the Title of Keeper of the Great Seal of England the same power and Jurisdiction as the Chancelour see Statute quinto Elizab which was not so besore At first but as Vice-Chancelour Matthew Paris saith Custodiam â—igilli Regii accepit Cancelarii Vices Acturus Officium c. He was also then made Bishop of Lincoln together to make him more capable of the Office brought in sayes one to serve turns which no Lay-Man was bad enough to undertake Former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-man they best knowing a Case of Conscience and antiently the Civil Laws were adjudged by the Ministers of the Church and the Chancery and other Courts of Equity then in the charge of a Divine Minister And therefore a mistake in the Record that sets it down as a Wonder for an Arch-bishop of Saint Andrews to be made Chancelour of Scotland by King Charles a thing he saies not known in that Kingdom for three hundred years before for a Clergy man to bear that office But we find Iames Seaton and David Seaton both Arch-bishops of Saint Andrews and Chancelours of Scotland within one hundred years space And many other Arch-bishops and Bishops within three hundred years not only Chancelours but Judges of the Law Master of the Robes and other Offices of Judicature By which means their onely Bishopricks too poor they advanced to degrees of wealth enabling them to erect most of those sumptuous Fabricks of piety and Honour in that Nation and so in England by our Clergy by this man also in some measure So ran the Channel till Bacons father had it from a Bishop and now a Bishop has it again and had King Iames lived to have effected his Desires the Clergy had fixed firm footing in Courts of Judicature out of the rode of the Common-Law and this was the true cause of Williams initiation thither his quality thus fitted for the Kings intention He was in truth Chaplain to Buckinghams Mother and let into Court parallel in some degree with Cardinal Richlieus entrance by Queen Mother of France a Man may take view of these conformities not few if you consider proportions what is allowed to the Jesuit must rebate of the Reformed and what this man could not do in competition as the other his aim shewed his will but not the effect But at his entrance into this Trust comes two Bills signed from the King to be made Patents by the Seal the one for a Pension of two thousand pound per annum and the other for the Office of Earl Marshal of England both of them to be conferred upon the Earl of Arundel The first though with some regret in those unseasonable times to receive such large pensions which yet he sealed but took upon him to trench upon the Lord Treasurer Middlesex who willingly gave way to it for which they both had enmity ever after The later he refused upon these Queries 1. Whether in the Delivery of the Staff to the Earl his Majesty did not declare it to him for ease of the other Commissioners that executed it before with him and so to imply no inlargement of power which this Patent doth 2. Whether his Majesty means that this Patent leaping over the powers of the three last Earls Essex Shrewsbury and Somerset should refer only to Arundels own Ancesters Howards and Mowbrays Dukes of Norfolk who claimed that place by Inheritance the usual way and reference of Patents being unto the last and immediate Predecessor and not to the remote whose powers heretofore in these troublesome times were vage uncertain and impossible to be limitted 3. Whether that this Lord should bestow those Offices settled in the Crown as Sir Edward Zouches in Court Sir George Reynolds in the Kings Bench and divers others all which this Great Patent sweeps away being Places of Worth and Dignity 4. Whether my Lord Stewards place shall be for all his power of Judicature is in the Verge either altogether extinguished or at least subordinate to the Office A point considerable because of the Duke of Lenox who was Steward his greatness of Person and neerness of blood to the King And here he claws him 5. Lastly whether that the Offices of the Earl Marshall of England and the Marshall of the Kings house in former times distinct shall be now united to this great Lord A power limitted by no Law or Record but to be searched out from Heralds Chronicles Antiquaries and such absolute Monuments and thereupon this sixty years for Essex his power was cleerly limitted only as Marshall unfit to be revived by the Policy of this State And by these queries the Patent was pared which increased malice to the end of their Days Certainly there is a difference between the Earl Marshal of England and the Marshal of the Kings House See Lambert Archiron or of the High Courts of Justice in England The Marshall of England and the Constable are united in a Court which handleth only Duells out of the Realm and matters within as Combats Blazon Armory but may not meddle with any difference tryable by the Laws of the Land The Marshal of the Kings Houshold is united in a Court with the Steward which holds Plea of Trespass Contracts and Covenants made within the Verge and that by the Laws Articl super Cart. cap. 3 4 5. The honour of Lord Marshal is so antient as Thomas Lord Mowbray by Richard 2. was created Duke of Norfolk and the first Earl Marshal of England anno 1397. And so successively unto Iohn Lord Mowbray who dyed the 15. of Edward 4. anno 1475. and had issue one only Daughter married unto Richard Duke of York second son of Edward the fourth and was by his Father created Duke of Norfolk and Earl Marshall of England murthered in the Tower anno 1483 without issue Then comes Iohn Howard Son of the Daughter and coheir of Thomas Mowbray Duke of Norfolk and was by Richard the third created Duke of Norfolk but not Earl Marshall Nor was his Son Thomas
would always say Lyes are not long liv'd And indeed more he could not have Examples vary some Ambassadours in like cases have been secured and punished others freed by privilege for in the times of the Scots Affairs with Us and France frequent Presidents have been used by Throgmorton Randolph Tanworth and Bishop Ross according to the power of the Princes where they have been committed as hath been before mentioned The Earl of Bristol this while in Spain received command to take leave of that King and to return and had intelligence from hence in what hazard he should appear after such Complaints in Parliament against him And indeed he delayed it so long that it was suspected he would stay there being so advised by the King of Spain who gave him assurance of all Civility and kindness in his Court for security rather than adventure his head at home But these branglings here feigned there to be high Distraction gave him courage to return where no sooner appeared but was clapt up in the Tower saâ—es one and the next day set at Liberty nor durst any bring him to farther Tryal He was committed by the Lords in Parliament and might have lain there longer a Prisoner but the Duke made means for his release least it should move jealousies that it was his design thereby to delay his Tryal and this to my knowledge for I acted in his release He being earnestly pursued by the Duke and had the Parliament lasted it might have proved his destruction who afterwards humbled himself and gained favour to retire into the Countrey to Shirbone that fatal seat for suceeding Offendors But the Spanish Ambassadours practice failing some Lords set on work a Petition to the King against Papists as intending it necessary to go on with the complyance of the Publick Affair now happâ—ly proceeding or to hazard all and nothing would serve to satisfy these Men but several Conferences of both Houses untill they had with consent framed their Propositions and presented them to the King in two Petitions alike We your Majesties most Humble and Loyal Subjects the Lords and Commons do in all humility offer unto your Majesty These two Petitions THat for the more safety of your Realms and better keeping your subjects in obedience and other important reasons of State your Majesty would be pleased by some such course as you shall think fit to give present Order that all the Laws be put in due execution against Iesuits Seminary Priests and others having taken Orders of the See of Rome and generally against all Popish Recusants and as for disarming that it may be done according to the Laws Acts and Directions of State in that Case And least the Iesuits and Priests here may pretend to be surprissed that a day certain may prefix their departure and neither they nor other to return or come hither upon peril of severest Penalties of the Lawes now in force And that no Subjects receive entertain or conceal them upon penalties c. Seeing we are thus happily delivered from those Treaties and the use which your ill affected subjects made thereof and yet we fore see the like hereafter We therefore are humble Suiters to your Majesty To secure the hearts of your good Subjects by your Royal word That upon no occasion of Marriage or Treaty or such other Request from foreign Prince or State what soever you will slacken the execution of the said Laws against Iesuits Priests and Popish Recusants And humbly pray a gratious Answer The King doubting this double Petition intended as a check to the main business resolved yet to satisfie them That he commends both Houses for their Petition but wonders at their suspition to spur him on to his conscience and duty That his Religion Profession and behaviour his own Books declare nor will swarve from them for he that dissembles with God will be distrasted by Men. That his heart bleeds at the increase of Popery as thorns in his eyes and pricks in his sides He hath alwaies desired to hinder the growth as a Martyr As in the sense of Isaac persecuted by Ismael by mocking words as no King ever suffered more of ill tongues Yet he hath been far from per seeuting believing that rule Sanguis Martyrum est semen Ecclesiae As for the Petition he grants in substance what they ask and adds of his own Their Treaties being annulled their desire is granted and will declare by Proclamation to banish Iesuits and Priests by a day but a Proclamation here extends onely to this Kingdome He will do more command his Iudges in circuit to put the Laws in Execution against Recusants as before the Treaties the Laws being in force and never dispensed with by him but as he told them heretofore as a good Horseman to use sometimes the Reigns not alwaies the spur He promisâ—th by Declaration to disarm them which indeed is done by the Laws Nay will disorder the Papists frequenting to Ambassadours Masses for though he cannot break their privilege yet the Lord Maior and Officers may seize them as they come out And resolves to order the Education of Recusants children as he hath advised therein with his Bishops and Council The second part of the Petition is the best advice in the World being against the Rule of Wisdome that Subjects should transgresse a Law by Intercession of a Foreign Prince and forst in such conditions in such a Treaty which he will avoid in any whatever This his answer so satisfactory as pleased the Parliament Saâ—es Calumny He promised much and performed little See what he did by the sequel Order was forthwith to inroll the chiefest Recusants you see he spares none nor were the Parliament so nice as to leave the best of them out The Earl of Rutland Sir Thomas Compton the Dukes two Fathers in Law the Countess his Mother Earl Castlehaven the Lords Herbert Rivers Peter Morly Windsor Eure Wootton Teinham Scroop and of Knights Courtney Brewdnel Somerset Ireland Stonners Brown Howard Powel Lacon Lewkner Awbery Gage Shelly Carvel Wiseman Gerrard Filpot Russel Bedingfield Wrey Conwey Iones Conyers Lamplow Savage Mosly Beston Riddal Wyral Townsend Norris Knevet Tasborough Selby Tichburn Hall Perkins Penruddock Sands and divers Esquires and Gentlemen either by themselves or their Wives These men were all at Mercy and who ever else the Parliament would pick out with lime and baited Hooks to catch them for the King not minded to interrupt them having done his part withdrew to New Market cold air for his Northern conditions the most healthy The Prince increasing in years and in affection of the People it was most convenient also to speed him a marriage The Treaties with Spain being thus far annulled Some Overtures were hinted from France of their willingness for a Match with Madam the Princess Henriâ—tta Maria the French Kings youngest Sister the two others being preferred to Spain and Savoy And because it was necessary to feel