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
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-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
England blasted 87 K. KIng's design to meet his Bride in Norway disposes his Government 150 marries the Queen and goes into Denmark 152 his Queen arrives in Scotâ—and and is crowned 153 Kirk have what they desire manner of their Excommunication 45 ingratefull prescribe behaviour to the Church of England 46 stiled Precisians 84 Kirk stirs the State being troubled 166 Kirkmen in Scotland mutiny 137 138 John Knox Minister the prime Incondiary of Reformation 12 his Travels and Faction accused of Treason 15 arrives in Scotland and begins Troubles 20 insolency towards Morton and conâ—ers with the Queen 31 his Breves to his Brethren he is questioned 33 his insolency 34 preaches against Government 38 L. ANtient League between the Scots and French 12 Holy League 106 Holy Leaguers 155 League offensive and defensive between England and Scotland 112 Lenox and Darly return from banishment 34 Lenox elected Regent 69 is slain 77 his old Countess dies her Descent and Issve 87 Lewis Isle reduced in the North and the effect 256 Lords take Arms and are defeated fly into England and get aid and submit 39 banished and return 42 Lords conspire declare seize the King at Sterlin and treat 107 Love-trick of a Woman 168 M. MArriage proposed between England and Scotland 10 Marriage of King James with a Sister of Denmark propounded 107 Ambassadours about that Marriage 137 Earl of Mar Regent 77 dies 78 Northern Martyrs 9 Queen Mary sent into France 14 returns out of France 25 Queen Mary affects the Lord Darly 34 and proposes to marry him 36 she answers the six Articles of the Kirk and marries Darly 37 takes Arms against the Lord 38 is brought to bed of King James 42 Summary of the Lord Darley's murther and of the Queens hasty Marriage 48 Queen Mary resigns the Government to her Son King James 52 is defeated flies into England and writes to Queen Elizabeth 62 Queen Mary imprisoned her Commissioners treat in England 63 Queen Mary designed to dy 86 writes to Queen Elizabeth 95 Queen Maries story returned to 113 Queen Mary comes to her Trial 115 the manner thereof ib. her Sentence of Death 116 the sequel 117 King James perplexed sends to Queen Elizabeth Letters Ambassadours who reason with her 118 120 false Tales Scotland in disorder the Kirk refuseth to pray for Queen Mary ib. Mandate for her Execution the manner thereof 121 her Epitaph 126 Queen Elizabeths Letter to King James 126 Davison sentenced about Qu Maries Death his Apology to Walsingham 127 Walsingham's Letters to the King and the Lord Thirlstan 128 the Kings Deportment on his Mothers Death 134 is caressed by Queen Elizabeth 134 Designs of several Nations to revenge her Death 135 Massacre of Protestants 〈◊〉 France 83 Mass opposed 26 Melvil a Disciplinarian his railings 82 a fiery spirit 85 his evil manners 100 Insolency against the Mass 32 Maxwel arms against Johnstone 106 rebells and is taken Prisoner 138 Messam the Minister hath a Bastard 29 his penance 42 Ministers assemble at pleasure 26 allowed maintenance by Modificators 27 vote themselves exempt 〈◊〉 justice 28 Ministers denounced Rebells fly into England 102 Ordinance of Parliament against them and for what reasons 102 their impudent Reply sharply answered 103 Ministers and their insolence 109 cause of good Acts ib. Ministers in tumult 174 Blake a Minister his mutiny and story 196 Welch a Minister his preaching 202 Ministers refuse to give God thanks for the Kings Deliverance and are silenced ib. Earl Morton Regent 78 basely betrays the Earl of Northumberland 80 besieges Edenburgh 80 his Coin 82 Misgoverns the Lords conspire against him 88 offers to resign 89 Morton deposed plots revenge 90 imprisons the Chancellour 92 is charged with murthering the Lord Darly is executed his Character 95 Mowbray's intent to kill the King 257 Muâ—â—ay made Protector 59 takes Arms 60 posts to Queen Elizabeth 67 is slain 68 Murray slain 166 the cause lamented ib. Murther of the Guises and Henry 3. of France 153 N. NArration of the Spanish Navy 141 number of the Ships Men and Ammunition 142 defeated by Fire-ships 145 Queen Elizabeths message thereof 141 Rumours of the Spanish Navy in 88. 140 the Kings Speech thereupon the Chancellours opinion Bothwel on the contrary Colonel Semple's false Designs ib. is rescued by Huntley who is banished the Court 141 Netherlands called to account 209 〈◊〉 of Norfolk committed his story 68 arreigned and executed 78 Norris sent over to Ireland 209 Earls of Northumberland and Westmerland fly into Scotland 68 betrayed by Morton and executed 80 Earl of Northumberland pistols himself 114 Northumberland writes to King James and his Answer 259 O. ORmston executed about the murther of the Lord Darly 84 P. THe Kirks justice against Papists 30 Papists Plots 169 Papists banished â—â—8 Papists Plots devising 〈◊〉 Titles of Pretendeâ—â— to the Crown of England 188 Parliament surprised 77 Parliament Royal 91 Parliament wherein the Kings Supremacy is conâ—irmed and divers Laws against 〈◊〉 enacted 104 Duke of Parma dies 170 Paulet Lord Treasurer dies his childrens children 〈◊〉 76 Antonio de Perez 86 Perez his character 189 Popish Lords return from banishment 194 Presbyters fly into England and why 104 their equivocation ib. Proceedings against Popish Lords by the Ministers 173 Propositions for Queen Mary and Queen Elizabeth 67 R. RAndolph Ambassadour 91 abuses his privilege 94 dies 161 Rebells defeated 29 Rebells submit and are committed 149 Reformed rebell 20 covenant and call in Aid French and English 21 covenant to expell the French 24 Articles of their Faith France their Presbytery 24 Reformation in the University 213 Religion The Scots how Christians 8 Remonstrance of the Assembly against Papists and the remedy 178 179 Riâ—t comâ—ittâ—d by the Lords 27 Rizzio thâ— French Secretary 39 Bishop of Rosse Ambassadour for the Scots Queen examined 73 is relâ—â—ed imprisonment 83 his Death and character 208 S. SIiege of Ostâ—nd 252 Earl of Shrewsbury dies 161 Spanish Forces land in Ireland and are defeated 254 Squire impoysons the Queens Saddle 221 T. TItles forrein their precedency at home dispuâ—ed 211 Treaty at Cambray 19 at â—denburgh 24 U. UNiversity reformed 213 W. WAde sent into Spain returns unheard 103 Walsingham dies his character 160 War in Scotland and France by the English 10 assist several Factions 21 Welch a Minister his preaching 202 Witches See Bothwel Witches discovered 2â—3 Wotton sent Ambassadâ—â— to Scotland 206 Wotton plots with the câ—â—spiring Lords and posts home 107 Z. LOrd Zouch Ambassadour from Englandâ—â—mentâ— â—â—mentâ— the send against the King 176 Narrative Passages of the first Part and stories to be read single by themselves 〈…〉 〈…〉 〈…〉 of Geneva 15 Queen Maries Marriage with the Lord Darly 36 〈…〉 〈…〉 and story 42 Darly the Queens Husband murthered 48 Narrative of Darly's murther c. 52 Digression of Combates and 〈◊〉 53 Queen Maries escape out of Prison in Scotland her Encounter with her Rebells she is discomfited and flies into England 60 Digression
of Gods Church Nâ—nc saith he extremus actus agitur nisi istinct afferatur remedium And unless the Devil be now unsaddled by them habenas ei laxatum iri he would get the Bit in his Teeth and run riot at pleasure And for his own part he meant not to stay by it but run away too Nec morositate nostra â—iet ut loco potius cedamus quam sententia And for what can a Man imagine all these good words why truly he tells Mr. Bullinger Brevis summa est that your Noble Senate would say that his Discipline is Consentanea verbo Dei By no means they would not but they were content to say it did accedere ad praescriptum verbi Dei and withall returned back with their Letters a Form of their Government but not to prescribe any of it to them for that their own at Geneva might be more convenient Hereupon 1537. Calvin foreknowing the effect of their Letters hastens the City to resolve who with much ado assemble and put their own discipline to the Vote which came to this upshot as Calvin saies himself In illa promiscâ—a calluvie Suffragiis fuimus superiores for when stomach strives with wit the match is unequal And let these his own Words be recorded in perpetuam rei memoriam by how many reverend Fathers and famous Persons with what Wisdome and Deliberation this Form of pretended holy Discipline was revived and entertained if a disordered multitude by most voices laid this plat-form for all posterity to imitate Major voice helpt him well upon which advantage he would practice And therefore crouds in fifty French his Countreymen at a clap free Denizons who had Ius Iubendae legis and his Inter est was no doubt more to force in Ministers For when the Magistrates would have but preferred a Genevian born to be one Calvin storms at him Trollietus saies he quidnam quod natione sit Genevensis no other cause nisi quod Simiae amant suos Catulos And indeed the Emperour Charls V. intending wars upon France gave good leasure and leave to the Reformers to increase the Pope to be displeased which occasioned Calvin to compile his Book De necesitate reformandae Ecclesiae And so have we from whence It came whither It would who devised It when and how and where planted in Geneva Anno 1554. and Calvin continued there to his death 1561. aged 52. years And yet to spread it abroad for all Calvins wit he was glad it seems to get it into favour with the assistance of Reverend Beza being alike bred up with the profession of several Reformers who together gave value to the progress of this beginning and truly of a good Man grew much in admiration of Calvins wit which induced him thereto and became at length very bold in his Prescriptions to some in England to intermeddle here and in Scotland for the like Reformation witness his Epistles to Lawson and Knox His discourse of three kind of Bishops of God of Man and of the Devil to the exceeding censure of him In France it had no repute being termed Thalmud Sabaudiacum To England it came upon occasion of some Male-contents in reference to Geneva for in Queen Maries Martyring time those being fled to Franckford they were afresh assaulted with the Orders of Geneve and Knox and Whittington collect the particulars of Edward the sixth's Common-Prayer Book and send it to Calvin who very censoriously is pleased to say Multas video fuisse tolerabiles ineptias However Franckford inclined to the English and chuse Dr. Horn their Superintendent at which Calvin storms and by great entertainments of other English as Whittington Gilby Goodman and others invited their Persons to Geneve and so stole their hearts to his humonr also And they thereafter spread it in England the second year of Queen Elizabeth About which time Knox came also and carried it into Scotland And this is the true story of the Geneve discipline briefly and impartially put together This year a Treaty was held at Cambray by Delegates of England France and Spain for settling the various differences of State but especially between England and France for restoring Calice which had been lost to them by Queen Mary but by no means would be rendered back Yet at last a Truce was concluded upon these Articles Neither Prince shall invade each Other nor assist Eithers Enemies The Ships of either Nation shall give Caution at their seâ—ting out to Sea not to molest each Other Free Commerce and Trading to be increased The French Fortification at Armoth in Scotland to be demolished Eight years the French shall enjoy Calice with the Appurtenances and sixteen Pieces of Ordinance and presently after shall restore it to Queen Elizabeth Eight sufficient Merchants not French Subjects shall be bound in 500000 Crowns for performance hereof and the Right of the Town to remain in the Queen And if any Attempt or Innovation be by any English during that time against the French or the Queen of Scots then the other shall be free And on the contrary If any prejudice shall be attempted or done by the French King the Queen of Scots or the Dolphine against England then Calice shall be instantly from thenceforth rendred to Q. Elizabeth A Peace at the same time and place was concluded between the Queen of England and Francis and Mary King and Queen of Scotland and certain Aâ—RTICLES of Agreements were referred to Commissioners to regulate abuses of each Borderers And accordingly this Peace was proclamed in England and Frauce but soon broken for the French King aiming at England for his Son and the Queen of Scots would not withdraw his French Garrisons out of Scotland as was agreed but privily sent over fresh Supplies and openly challenges Interest in England for his Son and daughter-in-Daughter-in-law and in all writings used this Title Francis and Mary King and Queen of Scotland England and Ireland Bearing and quartering the Arms of England and upon their Heralds Coats Of which Throgmorton the English Ambassadour Lieger complained without redress Levied forces openly and sent them to Scotland to border all places of England And being an utter Enemie to the Protestaints was under hand abetted by the Pope the Emperour and Spain holding Her an Heretique and Illegitimate But those his Designs were soon cut off by an untimely accident upon him for tilting at the Nuptials of his Daughter with Spain and his Sister with Savoy and being run in at the eye with a Lance the Bur sticking in his brains he died immediately Some hopes Queen Elizabeth had now of lessening her fears and therefore to strike in with his Son and Successor She kept his Fathers Obsequies with magnificent solemnity in Pauls Church And sent Howard the Lord Effinghams Son to Condole the Kings Death and to Congratulate the new Successor with desire to continue Friendship and League as with his Father But the
by the King sacredly to observe Which so incouraged the Orange party as to bring all their Sea prizes into Rochel and this Contract drew in Eliz. Queen of England and all these overtures committed by the King to the Admirals prosecution Notwithstanding these publique Conditions therein the Pope sent Cardinal Alexandrine from Rome with Instructions to perswade the French King to enter societâ— with the League of Trent to make war upon the Heretiques and had satisfactory answer from the King and Queen-Mother and on the Contrary all possible tokens of favor to the Admiral and his Complices in restoring their losses with a sum of one â—undred thousand pound Sterling out of his Treasure not leaving the least action undon to amuse the Admiral into firm assurance of the Kings faithful intentions And to confirm belief purposed to affiance his Sister Margaret to Prince Henry Son to the Queen of Navar who had defended the Cause of the Religion in the late Wars and this to be celebrated according to the Reformed Religion The League between Charls the King and the Prince of Orange and Articles concluded The Mariage appointed in Paris and the Queen of Navar of the Religion repaired thither for the Solemnity The Admiral also sent for by the King to go before to Paris promising himself to follow and the Spire-Cross-Steeple called Gastignes Cross erected in the rage of the Civil War in Triumph and reproach of the Religion a Monument of Civil Dissention was by the Admirals request overthrown Great Assistance of Men and Ammunition sent to the Army of the Prince of Orange into Germany And order to the Treasurer to deliver moneys to the Admirall for the Publick Service without accompt In this Interim the Queen of Navar was impoisoned at Paris by a pair of perfumed Gloves by one Renat a cunning Apothecary and so the Kingdome descended to Prince Henry her Son who was to be affianced to the Kings Sister and the Mariage solemnized with respect to eithers Religion And five daies after the Admirall solicited the Council in behalf of the Religion and returning home with divers Noblemen he was shot by a Harquehuss out of a Window through both his Arms by one not certainly named but the Abetters were Guisets The King visits the Admiral in some danger of Death from whom he receives advice and Counsel in his private affairs and with great affection and thanks the King commanded a Guard for security of the Admirals person by Cossin Captain of the Kings Guard an utter Enemy to the Admirall and all his Friends advised to draw into the Admirals quarters to be neer to him Thus all things prepared for the purpose of a Massacre the Queen Mother summons all the Confederates with advice to spare the King of Navars life and the Prince of Conde and the Execution to be the next night early by Order of the Duke of Guise who summoned the Diziners and told them the Kings design to destroy all the Rebels of the late Wars at the sound of the Tocksein or Bell and the Mark of difference a while Cross in their hats and a handkercher about the arm The Duke of Guise with the Kings Guard and the Bastard Son of King Henry assisted by Cossins beset the Admirals house who nothing moved in respect of the Kings several sacred Oaths to peace the league with the Queen of England Articles of Treaty with Orange Faith to the Princes of Germany some Towns taken in the Low-Countries by the Kings Command the Mariage of the Kings Sister solemnized but six daies before Ingagement of Forein States shame and dishonor to the Law of Nations all was by him argued as security Cossin with others enters the house and slew all in his way the Admiral comanded his Servants about him to fly and shift for themselvs being ready himself to dy for the Church â—he Villains enter his Chamber Benuese a German thrust the Admiral into the Body and Attin a Picard shot him into the Heart with a Pistol and threw his body out of the Window down into the Court where the Duke de Guise and the Bastard and other staied to view it and so marching out cryed that this was the Kings pleasure for that the Conspirators had resolved to kill the King The Admirals head was sent to Rome his body dragged through the Streets and after hanged up on the City Gallowes with a rope by the feet and so all that day murthering and killing all of the Religion Men Women and Children The King of Navar and Prince of Conde in the Louvre were sent for to the Kings presence their Servants being all slain and so preserved all the Noblemen and Gentlemen their friends slain and the next day a fresh murthering ranged through all the Cities and all the Offices and Places of the dead presented to the Murtherers and by this Example Post news commanded all the other Places of Reformation to be so butchered throughout France â—s in Orleance Angiers Viaron Troys and Auxerre c. The King fearing the Dishonor of this base Treachery and perjury posted Letters to all his Governours of Provinces and speedy Messengers to England Germany and Switzerland of this great Commotion in France raised by the Duke of Guise and his Complices upon the Guard and person of the Admiral and his Friends with the Death of many and hazard therein of the Kings person his Mother and Brethren by the safety of his Castle the Louvre this dissimulation he was forced unto for the present and yet within two daies after declared in open Parliament that the Admirall and his Confederates had conspired his death with his Mothers Brethren and King of Navar which was prevented by the others death And this was published in print to this day and from thenceforth all publique meetings of the Religion were forbidden Some Reluctancies there were of several persons that conclude this horrid fact surpassing the memory of all former ages Others compare it with the monstrous murthers of King Mithridates who with one Messenger and one Letter caused an hundred and fifty thousand Romans to be slain some said it was like the murthers of Peter of Aragon upon eight thousand French in Sicily The difference was their cruelty was executed on Strangers this on the Kings own Subjects and Countreymen These Discourses put the King to consider how to blanch this monstrous act with some colour of Iustice. And therefore they framed a Body stuffed with bottles of Hay for the Admiralls dragged again about the Streâ—ts his Arms and Ensigns of Honour to be broken his memory by a form of â—riting condemned his Castles and Houses razed his children infamous and his Trees and Woods to be hewn down from the height of six foot One Cavaignes and Briquemaul men of excellent merit the last being seventy years of age were imprisoned and tormented for to subscribe That they were of counsel with the Admiral to kill the King and his kindred which they
Castile purposely for English and Scotish Fugitives to draw their obedience from hence to him and being finished Pope Clement the Eighth must needs by his Bull confirm it which is dated the first year of his Popeship Quoniam c. multi Anglicani exules adolescentes fuerunt experti qui ex miserabili Angliâ— Regno in Hispaniam transfugerunt And why because quod alias tantoperâ— floriut erga fidem Catholicam devotisimam fuit nunc etiam Haereseos gravissimo infortunio affligitur atque opprimitur in Hispaniam transfugerunt c. But not all Exules adolescentes No I warrant you Ii tantum says one qui ad finem illorum consequendum aptiores esse videntur and then swear to take Orders and return home to England to adventure for a Halter that is To convert as many of my Countrey-men and Kinsfolk as I can whensoever I shall be called thereto by my Superiors whose command I will be ready to execute as believing that not He so much as God himself doth put me on that Errand And thus prepared they come in Disguises with Equivocations that by their bare habit none can understand them counterfeiing all shapes and professions and are justified they say by example of Eusebius who in the time of Constantine the Arrian Emperour did so under covert to visit the Assemblies of the Catholicks and to instruct them Rabadineira Append. Schismat Angl. cap. 23. But we must bethink what becomes of Bothwell who being fled from his friends and almost forsaken he was invited by some at Court Instruments to serve the time and Servants to the Duke of Lenox men of mean fortunes but fit enough to to add fuel to to any Enterprise with their assistance and therefore had trained into the Conspiracy Colonel William Stewart Neswich the Kings Surgeon and Iames Douglas of Spot who in truth came in by another occasion thus a few days before George Home of Spot his father in Law was killed by some of the Sirname of Home and Craw Sir George Home Nephew to Spot charged Iames Dowglas as Author and Accessary to the Murther this jealousie arising from some interest of an Estate in difference between them upon this but suspition three of his men are imprisoned and threatned with torture to confess the King some say had a strong conceit of their guilt and commanded that course of Tryal Spot laboring for their reprieve of this punishment and not prevailing he joined in the Treason being told of it in the heat of revenge The manner of the Conspiracy was thus Bothwell in disquise out of England should lurk neer the Court with his followers dispersed till the time should let them in by night through a back way into the Palace and surprize the King and Chancellour and with hope of Success all the Court after Each man had his quarter and particular charge to take the sign given and to fall on It took effect thus far they were entered and after mastered the Inner Court Dowglas too forward for his â—â—rvants imprisoned and to free them for assistance the number and noise breaking open the doors where the Prisoners were startled the King at Supper and hearing the cry Treason Treason gat up to the Tower for his better safety Bothwell earnest to order all commands some to beset the Chancellors Lodgings whilest himself hastens to the Queens quarter which he finds baricado'd and therefore endeavours to fire it In which time Sir Iames Sandilands of his Majesties Bed-chamber with some Forces of the Town Edenburgh entring by the Church of Holy-rood-house beat him and his company from the fire and the alarm happily hastened the Conspirators fled and escaped in the dark by such several waies as brought them in But Bothwell must have blood and encountring by chance with Iohn Shaw a Gentleman of note who had the better at the Sword till Bothwell snatcht a Pistol from his Page and shot Shaw dead In the pursute nine of the Train were taken and by club-Club-law were hastily hanged the next morning before cold-blood could quiet the rage of the people Thus far this defeat had Success But Bothwell got Northward towards Earl Murray intending his Supply which the King suspecting sends the Lord Uchiltry to decoy Murray into the South as to work reconcilement with Huntley but a false rumour being raised this while that Murray was seen with Bothwell in the late Enterprize Huntley hasty enough to malice and revenge got Commission to bring him to a Tryal Murray not minding any mischief herein was on his way at his Mothers House the La Downes neer Forth and being too secure from sudden attempt Huntley gets aid of the County and summons a surrender Murray making much of a needy case returns bad words and Bullets too boot which shot the Sheriff to the heart and some others into a fear that altered their fighting to firing the House and forced them within through smoke and flame to come forth and yield The evening shadowed the enterprize from discovering their Prisoners for the present but whilest they peeped for Murray he not yet come out And being put to the plunge broke through them all with wondrous courage escaping their seisure yet weary and tired shrunk down within the cleft of the Rocks and by his Head-piece discovered to be him he was without mercy of a common man miserably slain For Huntley in this treacherous if true fearing he should be innocent of the Conspiracy might in honour have afforded him quarter which was desired but to be sure of his death ran him often through after he was a dead Corps and having hastened the news to the King galloped away Nortâ—â—â—ard leaving his cosen Captain Gourdon wounded who was brought to Edenburgh and publickly executed to pacifie the people I have seen what some have said who should be guilty of this good mans blood but I dare not suspect where I am not sure of authority to bear out the blame nor can I find any cause in the King the jealousie is raised by the sudden News that posted to Court as of good service but that was Huntleys villany by the speed to lodge it on any from suspition of his own private revenge Yet it fell foul on the Chancellor a fate or fashion of King and Favourite Princes have Pupils to bear their stripes the Dog beaten for the Lion and sometime Soveraign suffers for them when Revenge grows high they meddle with the Magistrate but being gotten into power no Majesty escapes Who ere were in fault Edenburgh was to hot for the Court to hold out Murray bemoaned of all the King removes or rather ran away with the Council to Glasgow not â—afe there neither till Huntley was â—ound out to render his Person to Prison in Blackness but was soon demitted upon caution to answer any summons His sudden discharge set mens tongues on work and incouraged their faction to
curtesie of Speech not de jure nor have privilege as Lords of Parliament and these are the Son and Heir of a Duke called an Earl his eldest Son a Baron but not in Pleadings and so of Daughters stiled Ladies by curtesie onely On Saint Iames his day in Iuly the King and Queen were crowned at Westminster in that fatal Chair of Sovereigns anointing in it remains a large blackish Stone Jacob's Pillow say the Scots in his Ladder Dream of the Messias from his Loins and indeed so ceremonious he was then that he sacrificed thereon naming it Domus Dei and in his Return from Laban forgat not thereon to pay his Vows in which esteem he conveyed it with his Râ—licks in his general remove to Egypt but from thence the Israelites flying in haste and pursued they it seems left thâ—s Monument behinde and one Gathelus wedded to Pharaoh's Daughter though a stranger observant of the Hebrews Rites transported it to Galicia of his name Port-Gathelick thence by his Seed carried into Ireland so by Ferguard sent to Penthland or Scotland crowning their Kings thereon And Edward 3. brought it from thence Even then when grave Bards did sing that ancient Saw Ni fallat fatum Scoti hunc quocunque locatum Inveniunt Lapidem regnare tenentur ibidem The Scots sall bruke that Ream as Naitiff Grund Gif Wierds fail nocht quhair eir this Chair is fund Another very ancient Post Iacobum Iacobus Iacobum Iacobus quoque quintus At sextus Iacobus Regno regnabit utroque After a James sall be a James a third James and a fourth A fifth James also but the sixth sall sway the Scepters both These are no conceits commonly made up ere half-molded for they were read many Ages before he or his abortive Book were born And with his Crown he taketh Oath To keep and maintain the Right and Liberties of the Church and shall keep all the Lands Honours and Dignities righteous and free of the Crown of England and the Rights of the Crown decayed and lost he shall call again to his power into the ancient Estate shall keep the peace of the Church of the Clergy and People and do Equity and Iustice with discretion and mercy shall hold the Laws and Customs of the Realm and the evil Laws put out to establish peace to the People and no Charter to grant but by Oath Abridgment Henry 8. Statutes This Ceremony ended there were 24. Knights of the Bath invested who were received into White-hall in the evening and supped together in one Room sitting by degrees with their Escocheons of their proper Arms placed above their Heads they were lodged upon Pallats on the floor under their Arms after they had been bathed in several Baths provided in Chambers the next morning they were apparelled in Hermits weeds and marshalled into Saint James's Park with loud Musick and the Heralds going before and so about the Courts of White-hall and then into the Chapel with their Reverence before the Altar-table and the Cloath of Estate as at St Georges Feast they take their places in stalls theirs Arms above and hear Service Then each Knight with his two Esquires offered at the Altar Pieces of Gold and so retired in the former manner to their Chambers and then adorned themselves with Robes of Crimson Taffata with Hats and white Feathers and so were conducted to the King into the Presence-chamber under the Cloath of State who girt each of them with a Sword and had gilt Spurs put on their Heels dined together and so to the Even-Song at the Chapel where they offered their Swords The next day in Robes of Purple Sattin with Doctors Hoods on their shoulders Hats with white Feathers and so feasted again and lodged that night as before and the next day departed They are dignified and distinguished from other Knights by a Medall of three Crowns of Gold which is hanging at a Red Ribband which they should wear about their necks during their life These Knights are commonly Youths of the Sons of Noblemen or Nobless So now the King is established with all the Rites of Coâ—firmation in Honour and Love of his People and may be ranked in competition with the most for the Western Monarchy which had been hotly pursued by Henry 8. in opposition to France and Spain about whose time the House of Austria settled into that Design And because we have left the King in joyfull solemnity let us step aside out of the Court jollity and seriously consider the cunning contrivances of neighbour Kings heretofore for Imperial domination It was set on work by union of Mariage in Charles the Grand-Child of Maximilian the Emperour of the House of Austria and of Ferdinand of Spain who being heir to them both inherited also the Netherland Arragon Castile Scicile and the Indies 1503. And because Lewis of France as great in power stood in Competition the other therefore sought to Master it by cunning inter-marriage with Charles and his daughter Claud which was no sooner contracted but as sodainly crackt and He affianced to Mary the Daughter of Henry the seventh of England and to whose sonne Arthur Ferdinand had married Katherin his youngest daughter 1506. This double union with England encourages the other to break with France but Arthurs death and his father soon following and they still afraid of France clap up a fresh match with the widdow Katherin and Henry the eighth and a Bull subdated the Popes death dispensed with it 1510. Henry the eighth left rich by his father young and active is put upon quarrels with France that either Kingdoms might spend themselves in War as they did in wonderfull designes To whose assistance the other interpose with either party and with inconstancy as the necessity of State-Interest intervened But upon Maximilians death the Emperial Crown falls in Competition of France and Spain Charles now put to it seeks to get in with England and acknowledges the fowl Inconstancies of his Predecessors towards Henry the eighth In which he confesses as he was involved so his youth and duty then tyed him more to Obedience than Truth but now grown a Man and Himself the mutual dangers of either would give assurance for his part where otherwise he saith single faith might mistrust Henry the eighth thus cousened into some kindness both by his own power and purse makes Charles Emperour and the French King his Prisoner 1519. And so his turn served a peace is concluded with France and the King of England at whose charge all was effected is left out of any satisfaction And to amuze him from revenge intices Desmond to rebell in Ireland and assisted Iames the fift of Scotland with amunition and mony to buysie England at home 1526. And being in this height of Imagination to have wrought wonders in reducing the Election of the Popes from the Cardinals to the Emperour set others to quarrel with the Pope also who very
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
Law Act for a New-River-water to be cut from Chadwell and Amwell springs in Hartfordshire to London And the King grants the People a General Pardon with the usual Exceptions And now also was framed a form of Oath called an Oath of Alleageance for distinction of good Subjects in General from unfaithfull Traytors but especially to make separation of the Popishly affected yet with Natural duty unto Sovereignty And the Oath was thus in effect That King James is lawfull King of this Realm That the Pope may not depose him or dispose of his Nor authorise any other Prince to invade him or to discharge any of his Subjects their Alleageance or to beare Arms against him And that notwithstanding any Act by the Pope or other authority he will bear faith and alleageance to his Majesty and will disclose all Treasons and Conspiracies against him and doth abhor as impious that any Prince deprived by the Pope may be deposed or murthered That the Pope nor any other hath power to absolve this Oath and renounces all pardon to the contrary without any equivocation or mental reservation whatsoever so help him God c. And accordingly sundry both Priests and Laiks did freely take the same when suddenly comes over a Breve from Pope Paulus quintus Inhibiting utterly all Papists from taking the same rather to endure all Torments nay death it self Rome October 1606. And the next year another Breve confirming this September 1607. And accompanied with a Letter of Cardinal Bellarmine unto George Blackwell the Arch-Priest of the English being then in some bonds whom therefore the Cardinal suspected would take the same as he did To all these the King most learnedly gives answer and in six days compiles and publishes in print an Apologie for that Oath and in a week sets out a Monitory Preface to that Apologie and solemnly presents it by Ambassy to the Emperour and to every King and State in Christendom as a peculiar concernment to all and each of them in the due temporal Obedience of their Subjects And herein the King instances Examples of several Emperours requiring Obedience from Popes Creation of Popes ordaining their Seat and Dignities and of all Bishops with Anathema against all such as disobeyed their Sentence as also deposing of Popes Hereupon the Venetians maintained that doctrine in their writings and put it in Execution The Sorbons did the like in France And those writers of their own that opposed it were so over-lashed as that they were corrected and castigated by Men of their Religion Becanus his book corrected by the Cardinals of Rome Bellarmines book burnt at Paris Suares his answer burnt also in France Certainly by this his Majesties premonition Kings and Princes had a more perfect discovery into the injury offered to them by the Pope in the points of their temporal power and it followed to be throughly disputed in Christendom by this occasion of the King This the King did for the present But there was a swarm of busie-heads that measured the mysteries of State by the rule of their own conceited wisdomes gave Arguments to suppress the Popish practises by Executing all their Priests The reasons may be gleaned out of their rash opinions That a dead Man bites not that mercies offered for a desperate Malefactor do but enlarge his adventures against King and Countrey That a hard hand suddainly remitted is seldom by the rude people interpreted to the best sence No hope of reformation where there 's no confession of the fault and to banish them may be supposed a meer shift to rid the Prisons of those whom Conscience could not condemn of Crime whilst Justice seems to sleep the time serves to raise factions for fearfull Spirits by sufferance grow insolent and cruel And to the Exceptions of their small Number it was argued that Union in a prepared conspiracie prevailes more than Number If that the Oath of Supremacie heretofore choked not their presumptuous imagination nor now can the temporal power of the King contained in the Oath of Alleageance preserve us or deter them A Popish Priest his Character is a disloyal Renegado Delinquents in lesser degrees may challenge easier punishments and so be incouraged The penalty to be executed on them they scandall by pretending the conversion from the Kings Exchequer to Our private purse That being restrained will prove like Bonner and Gardner in the time of Queen Mary seeing most men write good turns in Sand and bad in the Marble That the Jesuits divide the English into four Sects Themselves first and assume a full fourth part to their property and of that part they subdivide into two portions viz. The rigid non-Conformists and the Church-Papists The Second they allot to the Protestants who detain say they some of their Relicks The third and largest was left to the Puritans The last to the Politician senza diâ— senza anima The first then being assuredly theirs the last we will afford them also and therefore the safest way to prevent Combination is to make them hop headless The Presbyter indeed would hang them all but this Counsel most unchristian To answer them it was urged That although death be the end of Temporal misery it is not the grave of memory Justice may execute the person but his opinion made publick it is not subject to the sword where poyson is diffused through the veins of good and bad blood Evacuation is better than Incision Clemencie is divine and works supernaturall effects though they merit by suffering and though Bellarmine Parsons provoke them to thrust their finger into the fire by refusing the Oath of Alleageance yet the wisest of them had rather see others act then themselves feel the smart That Garnet lamented that he should not be inrolled as a Martyr because no matter of Religion was objected yet he would gladly have survived that Glory if any such hopes had remained The English exceed the Romans in zeal of Papistry and are naturally better fortifyed to indure death If so that terror prevails not Religion and Conscience less Visne muliebre Consilium said Livia to Augustus let severity sleep and try what the pardoning of Cinna will produce That death of Priests assures more to their Sect then ever their words could perswade and though such are but counterfeit Martyrs yet will they be otherwise so reputed by those that lay their Soules in pawn unto their doctrine with whom multitude of voices cry down our contraries for the Gate of their Church is wide and many enter therein And as uncharitable are these that would imprison them perpetually and that the means to catch them was to have good Intelligence beyond Sea and at home Sir Francis Walsingham had of his so active that an English Seminary could not stir out of Rome Spain or Flanders their several Nurseries without his privity and so forewarn'd they may be catcht at our ports and removed to prisons and
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
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
House had been Kings of England for neer 600. years untill the time of Edward the confessor The first Counts of Holland till Florus who was the last were younger Brothers of that descent Amongst whom one William was the 26. Emperour of Germany The last Kings of Scotland by alliance were of the same house of Egmont to wit the Grand-children of the Lady Mary of Egmont daughter to Arnold of Egmont Duke of Guelderland which Mary was married to Iames the second King of Scotland And the Lady Margaret his sister espowsed to Frederick the second Count Palatine from whence proceeded Frederick who married the sole daughter of this King Iames the sixth for whose restauration all Germany and many other large Countries have suffered very much in the late years then following I may add also the Lady Philippa of Egmont daughter to Adolphus of Egmont Prince of Guelderland married to Renatus Duke of Lorain from whom descended the Dukes of Lorain who assume among their titles without any Contradiction the qualities of Dukes of Guelderland Iuliers and Cleveland and that by virtue alone of the Alliance with Egmont But greatness submits to providence the remainder of this royall blood is lately Anno. 1654. wholy shut up in the veins of Prince Lewis Duke of Guelders and Iuliers Count of Egmont and Zutphen His great Estate and Revenues relinquishing in the Low Countreys 22. years before his death and sustained himself only with the means of a petty Sovereignty in Lukeland in spite of the Spaniard his mortal Enemy but ranging abroad to seek relief and support against his Tyranny he died at Paris with this Epitaph Hic jacet Egmontos Germano è stemmate Regum Cui mors plus peteret quam sua vita dedit Huic ctenim Patrios quaerebat vita ducatus At mors nobilior regia sceptra dedit As for the Netherlands It belongs not to me to judge of their duty to Spain nor their division now whether Spain hath injured them certainly they were disloyal to him He pretends Absolute Sovereignty They but conditional obedience But without dispute Holland and Zeland belonged to the Lady Iaquelin of Henault who to save her own life was forced to relinquish her Estate And Zutphen and Gelders did of right belong to the Duke Arnold who being Prisoner with the last Duke of Burgundie who died before Nancie that Duke intruded upon his possession to the prejudice of Adolph his son and lawfull Successor the immediate cause of the quarrell after But this siege of Iuliers was the last action of that fourth Henry Le grand of France for the next year succeeding he was stab'd with a Jesuits impoysoned knife as his Coach stopt upon one of the Bridges at Paris In the Junto of time when he had mustered all his forces and ransacked together much Treasure for some secret design which the Spaniard feared might fall upon him And it was suspected for that cause only that the politick Spaniards Interest sent him out of the world farr enough from prejudice of him having but lately repayed to this Crown what had been lent his necessities heretofore by Queen Elizabeth which came unto sixty thousand pounds After five Sessions in six years time the Parliament having wrastled with Sovereignty which the King moderated by often speaking to them Himself yet finding them more willing to dispute than to comply with his occasions having on his part steered with all possible judgment to terms of reconcilement between his undoubted Prerogatives and their Novell Privileges as he termed them which rather increased Arguments by their so often Meetings He resolved therefore to separate their Conjunction and to adventure on the other way to do himself right by his own just reason not to do the people any wrong in the lawes of their liberties and so dissolved the Parliament by Proclamation And now was performed what the King intended last Sessions to set forth his sonne Prince Henry then of the age of fifteen years now 16. And because he was the first Prince here since Edward the sixth we shall say somewhat of his dignity the thirteenth Prince of Wales The Kings eldest sonne heir Apparant in England was styled Prince quasi primum locum capiens post Regem Priviledg they had to wear Purple Silks and cloth of Gold and Tyssue in his apparell or upon his horse 24. Henry the eighth but King Iames had repealed all lawes and statutes concerning apparel quarto Iacobi They had purveyance as the Kings or Queens He is admitted Maintenance to give Signes Liveries Badges to his Menials as the King does but for enormities of that kind several statutes of former Kings abridged them untill 12. Edward the fourth He may have as many Chaplains as he will The King by Common Law may have aid-money of his tenants by Knights fee as of Soccage That is to make his eldest sonne Knight and for marriage of her eldest daughter He at fifteen years of age She at seven saies Fitz-Harbert the sum of money at the Kings pleasure till 25 Edward 3. who restrained it viz. of every Knights fee holden without mean rate 20. shillings of every 20. pounds Land without mean in Soccage 20. shillings and so rata pro rata of lands in Soccage and for lands of the tenure of Chivalry according to the quantity To compass his death or violate his wife is Treason 20. Henry the eighth and before the statute the ancient common law in that case He and other the Kings children Les Enfants du Roy born beyond Seas shall inherit here He had many Priviledges since 12. Edward whose device it was to draw the Welch to acknowledge the Kings Eldest sonne Edward of Carnarvan to be their Prince But 27. Henry the eighth there was a general resumption of his priviledges as to Pardon Treasons Murther Man-slaughter Felony power to make Justices of Oyre Assize and Peaâ—e Goal-Delivery c. so from thenceforth he had onely Name and Title but no other Jurisdiction then should be granted by his letters patents He is invested with a Garland upon his head a gold Ring on his finger and a Virge of gold into his hand to him and his Heirs the Kings of England for ever as Prince of Wales and Earl of Chester To sit at the right hand of the Cloth of Estate in Parliament He shall not find pledges for profecution of any Action Cook cals him Omni Nomine Numine Magnus by Destiny Name and Providence of God the greatest Yet he is as a Subject and shall be sued by action and in token of subjection he bears upon his Arms the three plumes arg with this old Saxon word Ich. Dien I serve Gascon chief Justice in the time of Henry the fourth did commit the Prince who would have taken a prisoner from the Barr in the Kings Bench which the King justified So much premised The King gave his sonne also the honor of Knighthood to
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
from Sea and got in for safety within the Mole Mansel having trained his men in the execution of their several Duâ—â—es and likewise appointed a Squadron of Boats with small Shot to rescue the Vessels of Execution both in the Advancement and Retreat The 21. of May the Vessels of Execution were all advanced but by reason of contrary windes were presently commanded to retire The next two nights being likewise in readiness they were becalmed and could execute nothing The fourth night with a fair Gale being advanced again and the Fire-ships almost recovered the Mouth of the Mole the winde turned to the opposite point of the Compass The Boats performed their Direction in towing the Ships but considering that by continuance of this course they should expose our principal men to hazard by the Ordnance and small Shot that played upon them they debate therefore amongst themselves what to do Captain Hughes that commanded one of the Brigandines replied Go on and give attempt by the Boats which they did crying out King Iames and fearless of danger even in the mouth of the Cannon and small Shot which showred like Hail upon them the English fired the Enemies Ships in sundry places and maintained the fight to the delight of their fellow-shipping that were lookers on so long as powder remained striving in the end who should have the honour to come off last which was left to the Captain Hughâ—s and so retired only with the loss only of 20 men and leaving the fire flaming up in 7 several places The cowardly Turks who before durâ—â— not shew themselves to these weak forces but from the Walls and tops of houses so soon as the English were retyred opened their ports and sallied out a thousand and so by help of Multitudes and a sudden shore of rain and a calm the fire was extinguished making some of their Ships unserviceable In which time of Service only one Frygat came out of the Moal which was forced back upon the Shore sunck one of their best men of War being manned with one hundred thirty Turks and twelve Christians whereof twelve onely escaped And took also a Fly-boat which the Pyrates had formerly taken from the Christians which was sold to Leghorn her merchandize to be exchanged for Pyrats goods and some money above two thousand pound Sterling The Turks manned out 3. Gallies to rescue her but were beaten by the help of the 3. Brigandines sent out to her succour Ten daies together the English attended opportunity to send in the Ships with the fire-Works to finish the former service done by the Boats but not a breath of Wind happened fitting for the Work So that in this time the Pyrates had boomed up the Moles with Masts and Raffs and set a double Guard upon all their Shipsâ— planted more Ordnance manned out twenty Boats to guarâ—â—â—he Booms and sent out Gallies and Boats for Intelligence hereof East and West-ward to all Ships abroad not to come in during the English abode which made Mansel retire with all his Ships and Merchants assisting him into the Road of Alegant where he received Order from hence over land to return home and to intrust four of the Kings ships into the hands of Captain Rogers and not long after the Plague and infection possessing his Fleet he was forced to return home without any other assistance The time come and Parliament sit in Ianuary The King enters them thus My Lords and you the Commons CUi multiloquio non de est peccatum In my last Parliament I made long Speeches to the lower House I have piped to you and you have not danced I have mourned and ye have not lamented And wills them to apply it to themselves not to spend long Speches That a Parliament is composed of a Head and a Body the Monarch and Estates first a Monarch then after a Parliament No Parliaments but in Monarchies for in Venice and Netherlands there 's none and Parliaments duties is to treat of Difficulties and to Counsel their King To make Laws for the Common-wealth and the Lower House to petition the King with knowledge of their grievances but not to meddle with the Kings Prerogative They are to supply his necessities and he in recompence distributes his Justice and mercy It is the Kings Office to make good Laws whose fundamental is the peoples ill manners and so at this time new abuses and incroaching Crafts The Religious Laws are enough consisting only of Perswasion and Compulsion and Gods blessing Priests Puritans and Sectaries errours of the right and left hand are forward enough their way Let Bishops be as bold by good examples and preaching but compulsion binds the conscience There is talk of the Match with Spain However he will never proceed but to Gods glory and Subjects content And for their supply of his Necessities tells them of their eighteen years peace and plenty and yet he hath received far less assistance than any King since the Conquest Queen Elizabeth had communibus annis above one hundred thousand pounds a year in subsidies and he had in all his time but four subsidies and six fifteens and it is ten years since he had any that he hath been sparing to trouble them or to spend himself abated in his Houshold in his Navies and Munition changed an old Admiral for a young Man whose honesty and care hath lessned that charge Tells them he is not the Cause of Dissentions in Christendom but rather sent Doncaster to appease them at the charge of three thousand five hundred pounds His Son-in-Law sent indeed for his advice and accepts the Crown three daies after which the King never approved of for three reasons 1. Religion not as the Jesuits to dispose and overthrow Kingdoms but with our Saviour to uphold 2. He was no judge and ignorant of those laws Quis te judicem fecit 3. That he treated a Peace and will not be party yet he left not to preserve his Childrens patrimony and accounts to them his Receipts for that purpose and how disposed He borrowed of his Brother of Denmark 7500.l And of his own added 2500 And sent this to his Son  And to the Princes to hearten them 30000 Total 40000l That had the Princes done their parts his handful of men had not failed and now he must be fain to perswade unless a strong hand assist and purposes to provide a strong Army next Summer and desires them to consider his necessities qui cito bis dat And shews his equity to them in course of Law never obstructing Juâ—gement by message or Sentence Wâ—shes them to consider advance of Trade and why his Mint hath stood still theâ—e nine years confesses his Royal heart liberal in Granâ—s but being informed he will amend any grievance but yet he tells them that who ever hastens after grievances and neglects all other business of greater moment hath the Spirit of Saâ—an for himself will reform any errour and desires
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-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
shall chance to be lodged But because the Reader may have better satisfaction of those times and Ecclesiastical policy then towards the Lay-Recusants for such only was it needful to favour the King was so Popishly addicted as our Calumniator would inforce that to the incredible exhaustment of his Treasure he most zealously intreated for refreshment and favour unto all the Protestants in Europe His Crown and Dominions and Denmark excepted The Swedes having lately provoked the Pole had no other hope of Peace those of France for the exercise of their Religion those of the Palatinate and all the neighbouring Protestants the least conveniency to say their prayers but by the Kings Mediation And being advised by the late Assembly of Parliament into this Milky way of Intercession and treaty abroad what a preposterous Argument would it have been to desire those Mighty Princes crowned and victorious to grant clemency to them and for himself to execute poenal Laws against the Papists The English Iesuit in France did design to frustrate this pious indeavour of the King by writing a most malicious Book to the French King inciting him and his three Estates to execute their Statutes upon the Hugonotes as the like they said were here enacted against Catholiques I would therefore advise with the most subtil States-monger to chalk out a way for his Majesty to have mediated for grace to the Protestants by executing at this time the severity of lawes upon the Papist But hat this favour should amount to a Tolleration is a most dull and yet a most divilest construction A Toleration looks forward to the future this favour backward only to offences past and the Lord Keepers letter to the Judges is so to be understood whereby if any Papist by them should be set at liberty and should offend and laws again the Justices may nay must recommit him and leave favour only to the King to whom only belongeth Mercy Nay more let these two writs directed to the Judges be perused by any rash censurors as they were resolved by grave and learned men to whom the King committed the penning and it will appear the Papists were no more out of Prison then with shackles about their heels sufficient Sureties and Recognizances to present themselves at the next Assizes So they being grasped in the custody of law or rather imprisoned still than with any liberty And in truth they were by this tender favour to be reduced into a better behaviour or otherwise upon tryal the King was to recall his writ and leave them to extremity But if a Critique will conclude an Argument from the Devils Topicques a converto ad abstractum from a favour to some well-minded English Catholique reasonably to be distinguished from others what therefore is the King turned Roman Papist whose wise discourses learned Writings pious Exercises Acts of Parliament late Directions for catechising Preaching and all other professions hath manifestly declared himself to all the World an Orthodox resolved Protestant But the Spirits of wisemen are now satisfied that those airy Representations of ungrounded fancies set aside this Island of all the Countreys of Europe was then the sole Nest of Peace and true Religion and the inhabitants most unhappy now that they looked not up to Heaven to give thanks for those mercies then Thus much the King had to do to keep these Men in obedience at home being intent also upon his honour abroad And having yet in this time of Treaty assisted Holland in an open way of Men and Money to ballance them with Spain and Recruits dayly sent over so plentiful that sale was made of our men more than they used The Spanish Lieger took exceptions and that justly that in time of Confederacy Treaty and Union of a Match such partiality was afforded to the Enemies of Spain and no more interest of Confederacy with our King than we with his Master To balance both the King grants freedome alike to his Subjects to be called by Drum to either service when it was evident that only one Regiment went away with the Lord Vaux to re-inforce the Army in Flanders and seaven thousand were carried to Holland Besides it was intended more policy to the one then equality to both to be rid of the Papists which he sayes infected the Kingdome And whilst the Commissioners on both sides argue the Articles the Pope no doubt meddled with Spain in the Matters of Religion proposeable on that part It was prudence in the King to permit an active Man Mr. Gage his own subject though Romish Catholique for in businesses they are not such Bug-bears to be at Rome to pry into the Popes actions and did recommend the affair unto the Cardinals Baâ—dino and Lodeviso as the passages might correspend with disputes and differences in points of opinion Moral and Divine But in his letter to the King of Spain disclaims any Treaty with the Pope or to observe his rules in reference to his Son Was it not an oversight tro you that some better affected Puritan was not put in for an Intelligencer What mad Work such an one made once at the Popes Altar But not to spend Paper to answer such a Cutter of Cummin-seed Digby had express commands Not to wast time with the Spanish Delaies either for dispensation of the Match from Rome or cessation of Arms in the Palatinate Hâ—idleburgh being then besieged and the English Garrisons blocked up Of all which the English Ambassadour Sir Richard Weston at Bruxels disputing with the Inâ—anta had no redress as the Copyes of the Dispatches intend for he was commanded to represent the merits of his Master for sincere proceedings with the Emperour and Spain upon protestation of their Extraordinary respect However the Palatine had deserved That the way is now prâ—pared that the English may have the honour to hold those places which are not in dispute untill the general accomodation without more amuze or further treaty of Cessation and before the whole Couâ—trey be seized or our Treaty ended Refers him to the Dispatches to be furnished with Arguments of unkindnesses there notwithdrawing the Spanish forces but leaving the business to discuss with the Emperour and Bavaria That the Infanta's Answers with Recrimination altogether Minister jealousie of the Emperour and Spaniard if he consent not for if those things be not forthwith remedied the King of England will recal his Ambassadour from Bruxells as an unkindness deserving from the Emperour Not to be interpreted as to reflect upon the intire affection between those two Crowns of Us and Austria being mntually promised That as the King expects his Son in Laws dependance on his advise or to be forsaken so in the same measure it is just for Spain to decline the Emperour And concludes with this honourable Item To carry things fair without cause of distrust if reality be perceived on their part in the Match wherein the King excepts against their dull diligence depending only upon
released out of the Tower and banished The Borderers conâ—er and quarrel Morâ—ons wiâ—e submission Anno 1574. The Ministers stiled Praecisians Duke Castle-herauld dies His Character and Issue Oâ—mston executed for the Kings murder Heriots death Characterâ— Anno 1575. Inovation in Church by Melvil agaiâ—st Episcopal â—unction The Regent misgoverns Q. of Scoâ—s designed to dy Anâ—oâ— d'Peres in Englan Anno 1576. Don Johnâ— design blâ—sted in thâ— bud Maâ—gariâ—e old Countess Lenox dies Her Royal descent and Issue Anno 1577. Conâ—pâ—rators against the Regent Arguile and Athol at variance Forerunner of the Regents fall Complaintâ— agâ—inst Morton which the Miniâ—â—ry increase Regent offers to resign Is deposed The King 12. years old is Crowned A sactioâ— Geneve Synod Melvin Morton plots reâ—enge by the Eâ—rl of Mar. Anno 1578. Randolph Ambassadour Parliament Royal disagree and are made Friends Coyn overvalued The Chancellor impoisoned by Morton Parliament the Kings royal appearance His Speech Actâ—â—or Religion Aubigny Stuart in great favour But disliked there and in England Qu. Eliz. Messengeâ— neglected Anno 1580. Burleighs speech to the Scots Ambassadour Morton disconten tretires Charged with the late Kings Murther Randolph rides post from Q Eliz. abuses his privilege of an Ambassadour Anno 1581. Morâ—on beheaded with his own Ax. His character Ruthen created â—arl of Gowry Q. Mary writes to Q. Eliz. Anno 1582. Which troubles her conscience Surprize of the King at Ruthen Removed to Edenburgh and are confirmed by the Clergy Ambassadours ill used The King Orders to feast them but the Kirk command a fast Buchanans deaâ—h and Character The King freeth himself Anno 1583. Ambassadour from England pleaâ—s for the Rebels The late D of Lenox children prefeâ—'d factious Lords submit The Ministers meddle Melvils ill manners Gowry imprisoned His confession Anno 1584. Petition Arraignment His excepâ—â—ons Condâ—mâ—ed and executed His Character Some Ministers for medling fled to England Declarations and Acts of State They reply with Letters to Edenburgh Aâ—d are sharply 〈◊〉 Designâ— in England for Queen Mary Wade an Envoy to Spain Anno 1585. Mary proposeâ— conditionâ— The Kirk disquiet A Parliament The Kings sâ—premacy and other Lawes confirmed Ministers fly into England Presbyters equivocation Divers executed for Conspiracies Anguâ— and other Fugiâ—ives in Engl. Insolâ—nt Arran made Chancellour his great pâ—â—r in State Maxwel misused takes arms against the L. Johnston Arran declines in Qâ—een Elâ—zabeths favoâ— Holy League Wootton sent Ambassâ—dour to Scotland Propositions of a Mariage with Denmark The Lords conspire and declare Wotton ploâ—s with them and posts home The Lords seize the King at Sâ—erlin treat 1567. Parl. cap. 2 1572. Acts 46. 48. 54. 1573. Acts 55. 1578. Acts 63. 1579. Acts 69. Acts 71. 1584. Acts 130. 132. 133. 1587. Acts 23. Anno 1586. 1597. Acts 231. 1606. Act. 2. 6. 1617. Act. 1. Buchanan See his de juâ—egni Pag. 50 usque 57. Davison The 〈◊〉 trulâ— stated Genevians Whittingham Goodman Gilby Whitehead Coverdale Orthodox men Scory Barlow Cox Beacon Bale Parkhoâ—st Grindal Sands Nowel Wisdom Jewel Udal Penry Martin Gilby and others See after anno 1591. Learned Hooker Cartwrights and others League offensive and defensive England and Scotland Against the holy League of Papists Return to Quâ—â—â—aries story Remoâ—â—â—â— inâ—o custody â—o Pawlet â—rdundel 〈◊〉 Northumberland pistols himself Babingtons Treason Pooley Beâ—â—ayed by Gifford a Priest Gifford a false Priest Traytors all execuâ—ed Gifford sent â—nto France and there impoisoned Qâ— of Sâ—ots câ—mes to her Tryal The manner L. Chancelloâ—rs Speech Her Answer Chancellouâ—s Reply Gawdy Queen Queen Queâ—n Treasurer Queen Queen Queen Sentence against the Qu. of Scots Opinions of her Sentence A dâ—legate Parliamâ—nt require Execution Q. Elizabethâ— cunning reply Sentence proclamed King Jameâ— perplexed â—ends Keith to Qâ— Eliz With several directions The Queens Answer Oâ—her Lâ—tters more câ—lm and Ambassâ—doâ—â—s Ambassadoâ—rs reason with the Queen The King writeâ— to Gray â—nd Leicester to the King So does Walsingham to the Lord Thirlstan False Taleâ— Scotland in disorder The Ministers refuse to pray for their Qu. Cooper a saucy Minister Is committed More letters from the K. A Mandate for execution Davison Beâ—le The manner of her Execution Her featurâ—â— Her apparelled Comes forth of her chamber Commissioners receive her who speaks with Melvin her maâ— And to the Commissioners Who denie heâ— some requests At which she weepâ— And they yield and she comeâ— to the Scaffold Sits down Bealeâ— speech Dr. Fleâ—cher Dean of Peterboroughs exhortation She interrupts him He prayed for her Her demeanor in Prayers Executioners and servants disrobe her Her servants sorrowful She kneels at the Block And is executed 46. yeers old 18. yeers prisoner Observable her Dogs dâ—meaner Her Corps buried in the Cathedral of Peterborough Magnificently removed by K. James to Westminster 1612. Her Epitaphs Q. Elizabeths Letter to the K. of Scots Davison sentenced in Star-chamber His apology unto Walsing Foul play on all hands Walsinghams Letter to pacifie the K. Walsinghams Letter to the L. Thirlstan The Kingâ— deportment upon his Mothers death Whom Queen Elizabeth caressed Anno 1587. Designs upon the King to revenge Designs in Scotlaand Earl Aâ—gus dies bewitcht His Character Civil broylâ— in Scotland to kill the Lord Thirslton by Gray accused of Treason also He was banished A Parliament the King reconciles the Lords And endeavours to do so by â—he Kirkmen who refuse mediation Borderers in â—â—wd Hunsdon Ambassador to Scotlaâ—â— Ambassadours about the mariage with Denmark Jesuitâ— arrive in Scotland Kirk-men insolent Anno 1588. and in mutiny for Gibson Gibsons abâ—se of the King He flies into England to the Schismaticks Puritans of England Martin f. 780. Maxwell in Rebellion is pursued by the King Maxwell fliâ—â— Caâ—tles rendered Taken Prisoner Rumouâ— of the Spanish Navy The Kings Speech The Chancellors opinion Bothwell perswades to invade England Col. Semples false designs is rescued by Huntley who is dismissed the Court. Q. Elizabeths message The narration of the Spanish Navy The number of particulars Officers Their Design with Parma The first approach Anno 1589. Defeated by a Sâ—ratagem of fire ships Several Shipwracks Great Losses prophecies Scots Catholiques disâ—ayed Huntly writes to Parma So doth Arrol And so do Huntley Crawford and Maxwell Catholique Lords Rebell Design how to meet Queen Elizabeth writes to the King Proclamations against Jesuits who join with the Rebels The King incourages his forces Commission ers sent to â—etch the K. Bride from Denmark Rebells submit and are committed Ministers make work The Kingâ— design to meet his Queen in Norway The cause and maner therof with further directionâ— What Lords shall govern and how He maries the Queen And goes forward to Denmark Anno 1590. And returns to Scotland The Queens Coronation by a Minister E. of Arundel arraigned in England Popes Bull. Condemned pardoned English expedition to Portugal land at the Groyne Colâ—mella Plâ—niâ— Navars title to France Holy Leaguâ—rs Guiâ—es â—â—râ—hred Henry 3. murâ—hered Justified by the Pope Q. Elizabeth
Hist. Gr. Brit. p. 10. Arch Bishop Whitgift dies The Translation of the Scriptures Gen. 19. Isay 29. Psalm 48. Psalms translated Catechizing commended Hist. of the World pag. 249. Gowries aniversarie day celebrated See 1600. 1608. Hist. gr Br. pa. 12. Comotion of some Commoners Parliaments beginnings Jury were Judges so Lilburn pleaded Parliament of King and Barons onely The Commons taken into Parliament Of the Parliament of England The writ to summon the Peers The writ to summon the Knights and Burgesses Oath of Alleageance Of Supremacy Ecclesiastical matters Lords Privileges Lower House Harmony of all King Queen and Prince ride in triumph First Session of Parliament The Kings speech in Parliament abreviated 2 3. Peace and Unity in Religion and Manners Union with Scotland intended Ambassadours for Peace Co and ch pa. Proclamation to conformity in Church-discipline Assembly of the Church in Scotland in spite of the King Hist. Gr. Brit. p. 27. The Kings second Son Charls created Duke of York Pouder Treason Pouder Treason the story Anno 1605. Fauks his Confâ—ssion of the Design Th. Winter's Confession of the Plot discovery and success The story pâ—t together in brief Second Session of Parliament Three intire subsidies and six fifteens Several Acts. The effect of the Oath of Alleageance Taken by Papists The Popes Bull against the Oath The Kings Apologie and Preface to take the oath Justified by forein Princes Jesuits divide the English into four sects Their opinion refuted See before anno pa. 1542. pa. 9 And Imprisonment as bad Best Counsel to convince them by Preaching Anno 1606. Leptons 〈◊〉 to York 〈◊〉 back King of Dâ—â—mark land◠〈◊〉 Graves-end Princes forâ—â—â—â— their liberties by coming into another Kingdom without leave The Earls of Northumberland and other Lords confederates in the Pouder Treason are committed Of the Star-Chamber beginning and ending The Letter Anno 1607. The union argued The Kings Speech in answer to their Arguments Post-nati confirmed H. G. Bâ— pag 41. Judg Nichols his true justice Gâ—ntry flock to London Proclamation in restraint of new buildings unless of Brick Anno 1608. Hist. Gr. Bâ—it p. 49. L. Treasurer Dorset dies George Spâ—ot a Conspirator with Gowry his story and execution His Coâ—fessions His Trial. Restalrig's Letter to Gowry and after the Treason Other Letters to Gowry as also his 〈…〉 Confesseth the Indictment Jurors names Verdict Sentenced as a Traitor Executed A marvellous sign of guilt Abbot Bishop of Canterbury being present History of the Church of Scotland p. 509. The Kings disbursments already 60000 l. 19000. 17428. 11000. 107428. The Scotish Secretary Balmerino's treacherous Letter to the Pope The occasion 1609. He is sent pâ—isoner to be tryed in Scotland His indictment His confession And sentence Anno 1609. Is reprieved and dies King James a mercifull Prince and restores his son in blood And he a traytor also to King Charles is also pardoned And proves an ungratefull wretch to his blessed Master The Bishops in Scotland inlarged their power Scots Bishops consecrated in England Who ordain others at home Council Table ordered The Earl of Orkney committed High commission-Court The Session seek for grievances Hist Gâ— Bâ— ubique The Kings Speech to both Houses Of his Government Common Law and Civil Prohibitiâ—â—â— 2. Grievancâ—â— how to present them Not to meddle with his Office High Commission 3. The cause of calling the Parliament The quality how to give The quantity His expences Reasons for his liberality Conclusion 1. Religion The Common-wealth Proclâ—mation against â—ncrease of buildings about London Truce between Spain and the Netherlands Siege of Juliers Duke of Guelders and Juliers c. his descent last of the race The Netherlands sometime subjects to Spain Henry the fourth King of France stab'd 60000 l. Parliament dissolved Henry created Prince of Wales their dignities See before Knights Bachelors Anno 1603. Ayd mony H. Gr. Br. pa. 52. False suggestions to be impoysoned Court and ch of King James pa. 84. Hist Gr. Br. pa. 52. Nearer Intention for Prince Henry to match with Spain See after anno 1624. Papists persecuted by Pens Chelsey Coledge founded and why H. Gr. Br. pa. 53. The Kings favorite Mountgomery Hist. Gr. Brit. p. 54. See 1612. Masks and Comedies at Court H. G. Br. pa. 54. Discussed Our Adversary a Poet and play-maker Contribution-money 111046. l Suttons Hospitall founded Absurd Excommunication and unchristian in Scotland The three Earls revolt So was Padie Paulo Popisâ—ly excommunicated Earl of Eglington illegally adopts an Heir to his Honors Arminius Vorstius their Heresies Vorstius his blasphemous Books The Kings message to the States Arminius The States Answer Further accusations And proceedings therein Bookes of Vorstius Heresies The King writes again against them all Vorstius is preferred Professor of Divinity Sir R. Winwoods speech concerning Vorstius His Tenenâ—s Pag. 210 212. 232 237. 308. 441. 271. Pa. 38. 43. Cap. 16. Pa. 999. Conclusion And Protestation States Answer The Kings Declaration against Vorstius See more in the Kings works And against his Bookes Legat and Whithman burnt for Herâ—sie Legats Heresies Whitemans Heresies Adamites Incests Waldâ—nses â—in 〈◊〉 Anno 1612. I may be câ—nsured by some Robert Carr a favorite Hist. Gr. Br. pa. 55. Queen Mary of Scotland her corps inteâ—red at Westminster Anno 1586. Hist Gr. Br. pa. 62. Prince Palatine a suitor to Princess Elizabeth Prince Henryes sickness and death vindicated Hist Gr. Br. pa. 72. Lunary Rainbow His Corps viewed Interred at Westminster His character False suspition of poyson Hist. G. Br. pa. 64. Prince Palatine mâ—ried to Pâ—incâ—ss Elizabeth â—a 65. Sanquair a Scotish Baron hanged for murther Treasurer Salisbury dies His Fatâ—ers descent And preferments Earl of Salisburies preferments His Merits Court and ch King James pa. 12 13. Hist. Gr. Br. pa. .76 Court of Wards how erected and established Court of Wards how erected and established His Offices disposed to others Suffolk Lord Treasurer Rochester Chamberlain Sir W. Cope Master of the Wards and the Favourite made Secretary Sir T. Overbury his story A Friend to Rochester Dâ—sign'd Ambassadour Refuses to go The King wants money Sir Arthur Ingram Court and Ch. pag. 87. E. of Essex and his Countess Car and Overbury their stories intermixt Lady Rich divorced Hist. Gr. Br. pag. 68. Anno 1613 Hist. Gr. Brit. p. 69. â— of Suffolk petitions for his daughters divorce Delegates in commisâ—ion The Countesses Libell against her husband Essex's answer She is to be inspâ—cted by Ladies who repute her a Virgin and so do seven more â—adies Sentence of Nullity Signed by sufficient men Arch-bishop Abbots Arguments against the Nullity Answered The Countess marries Somersct H. Gr. Br. p. 72 Hist. Naâ— ch 28. Overburie designed to be deâ—troyed Earl Northampton dies His preferments to honour Against Duâ—lls Rebellion in Orkney The Earl convicted and executed his descent Oglevy a Jesuit his Examinations Plantations in America Hist. gr Br. p. 75. Cabot Virginia New England Elizabeths Isles Nova Francia Baronets created
whose former fewds had made but suspitious and so he wearied with doing evil returns into France to settle their Solemn League He gone Henry the eight sends home the Queen and Angus and having this while composed his French Quarrels with a Defensitive Amity against all Tourney rendred to the French and Overtures of a Match between the Dolphin and Henries Sister and not a word for the poor Scots that had lost their King in the French Dispute only interceding for a Cessation of Arms with the English and so accepted for Henries conveniency of Princely Interview with Louis The while supporting Angus and his Faction their own Civil Dissentions sufficient to busie themselves and to keep matters in much disorder the policy of England and France both to weaken the Scots power for eithers prey which being suspected by Albany now in France and the violent Fewds beginning fresh at home after five years absence he gets loose of the English Ships that lay wait in his way and Lands in Scotland The Governour come he sets things strait again which by his absence were made awry forces Angus into France many suffer besides others more factious fly into England and pretend the Dukes sudden return was to ingage that Nation against Henry who in rage sends to the Governour to be gone to his French Friends or to expect blowes and was answered as peremptorily That in case of War he knew better to defend than the other to fight King Henry in fury sets fines on some Scots here and after banishes all and presently pursues with invasions upon their Nation by Sea and Land And over to England comes the Emperour instigating the King to fall out with France the like Empirick Balm the French apply to cure the wounds of the Scots Commonwealth which prevailed so far that both Armies meet but the Scots would not fight the English fire all before them and the Governour not affected with the Scots falshood returns back to France for ever Angus gets home again countenanced by Henry assumes the person of the King now thirteen years old concludes a lasting Peace with England and proposes a Marriage between the young King and the Princess Mary which Henry in heart desired untill he heard of the French King Prisoner at Pavia by the Emperour so the match was put off upon pretence for the Emperours consent her neerest Kinsman The Queen displeased with her Husbands Supremacy over her Self and Son and both agreed to dislike each others Bed for it was fatal to her as to her Brother Henry to love change in And forthwith followed Divisions of Religion in Scotland also with Disputes and Arguments for Toleration excellently urged in â—avour of the Reformed but the Catholique Clergy prevailed and the Inquisition erected to force the other with Fire and Fagot The first that suffered in suspition of those attempts were the Hameltons of Kin to the Crown which wrought factions to such height as that King Henry takes heart begins by Incursions where the English were soundly beaten And then in Revenge Howard stiled the Old Earl of Norfolk is sent with formidable Forces 40000. to 30000. if the sums are not mistaken either party so numerous as to eat up all and starve themselves But upon some distrust of success the Earl retreats The Scots pursue this advantage And the next Spring mutiny among themselves and at Salloway Moss the English gave them a mighty defeat which so astonished King Iames that with wondrous regret he forced death over hastily to seize him at the instant when his Queen was delivered of a Daughter the only issue remaining to succeed him in his Throne And with he begins our History The Life and Death of his Daughter Mary Queen of Scotland taking up the Remain of Henry the eighth who lived not long after leaving his three children succeeding Sovereigns yet thought him not worthy memory by any Monument Edward the sixth whose short raign and youth supported by a wise Council held up what was left him by Succession Untill the Soveraignty fell to his Sister with alteration of all and hazard of all she being imbarqued in body and business to a Strangers Supremacy but not lasting long time Was left to a Virgin to recover desperate dangers Ecclesiashick and Civil with various Designs Impressions and Operations upon her Neighbour States imbroyled with her jealousies to infamy of destruction in the blood of Q. Mary of Scotland her neerest kinswoman and pretended Competitor in the Crown untill at last in Gods due time the Sovereignty fell to a Foreiner King Iames with re-union of the antient Title of Britain Elizabeth indeed succeeded in the Inheritance begotten by H. 8. upon Ann Bullen after his divorce from Katharine his Brothers widow by whom he had Q. Mary and that mariage dispensed with by the Pope Hence did arise a question Whether the Divorce was legal or Elizabeth legitimate when Adam was created Eve was taken out of him and made Woman a fit Instrument for prolification and Society And both married in Paradice God the Father being the Priest and the Angels Witnesses for which cause A man shall leave Father and Mother and cleave to his Wife They begat Sons and Daughters which were Brothers and Sisters and married one the other without contradiction untill the Flood nay after the Flood untill Moses writ And these Marriages were not against the Moral Law written in their hearts which being much obliterated in the faculties of the Soul by reason of Adams transgression when Moses writ the Law of Nature or Law of Reason it was therefore twice written in Tables of Stone that by reading those Precepts which were much defaced within man might repair in some measure those Laws almost blotted out by sin And so by reading get them into his Understanding Will and Memory Mans Knowledge comming most naturally by Sense Moses did not onely write this Morall Law in Stone but gave many positive Laws for the Pedagogie of the Iews untill Christ as the Ceremonial and Iudicial The Iudicial Lawes amongst other things did forbid Marriages in cases of blood and affinity and these continued until Christs time and no longer unless there were a Moral Equity in them which Morality is onely inter Ascendentes descendentes where there is a kind of Paternity and Fiâ—â—ation for Filius non portabit iniquitatem Patris and for that sin Iacob cursed Reuben for ascending his Fathers bed This ground being truly laid it was conceived there is no Law of God in force but that which is between Ascendents and Descendents It is true every Church hath made Laws to bind people in their Churches but it was insisted upon only in this That the Moral Law doth not forbid and the Ceremonial and Iudicial Laws are now abrogated In Sir Giles Allingtons case not long since who married his Sisters Daughter there was a sin against the Moral Law and so they were divorced But it was said in that case that
he acted little and yet to his power he defended this Queen through all Her future Calamity But dyed some years before She suffered leaving Her then not in despair of deliverance The Documents of France met with such an incomparable genuity and excellent understanding in this Princess a Person compleat also for beauty that She became the most admired which moved the French King to marry Her to Francis the Dolphin Anno 1558. Being both the undoubted Heirs to the Crown of England after the death of Mary then Queen of England presently following and Elizabeth her Sister And therefore these new maried couple took upon them to quarter the Arms of England which in truth by Law they might not do None may bear the Coat of a Family not being both a certain Heir of the same Nor was it in truth the right of others who did the like as Courtney Marquess of Exeter and the Dutchess of Suffolk Neece to Henry the Eighth by His younger Sister and yet were allowed though of further Descent and therein t is true the less jealousie but to Her that was so neer the cheef cause of Queen Elizabeths perpetual hatred and fear that She might prove too hasty an Usurper of these Kingdomes and it was the ground of all the miseries that accompanied Her to the untimely grave For Queen Elizabeth now come to this Crown well knowing Her own power and interest with those of the Reformed Religion here at home and in Scotland opposed it Which was construed then that She might as well question Maries Intereâ—â— of Succession In this interim the French King Henry and Francis His Son depart this life and the Queen of Scots left unhappy in his losâ— Being become a Queen Dowager in France where Factions inincreased too hot for Her to abide there Her Uncle Guise Her Curator managing the most part in which he sacrificed himself Queen Mary therefore having a desire to return home knew She had been too bold with Queen Elizabeth to get much favour yet she begged leave from Her of safe conduct into Scotland which was refused disputing former unkindnesses whilest in a mist She got by the English Ships that lay in Her way and landed in Scotland 1561. Where She found Her State mightâ—ly distempered under Protection of the Bastard Iames and Mâ—rraies Government To recover which She used Her Subjects with all curtesie and changed not those of the Reformed Religion which was mightily increased by Her absence and brought in by tumult of the wild Presbytery And first She warily requested a certain form of Peace and amity with England and to make it the more certain She proposed by way of Counsel to Queen Elizabeth if She should have no Issue to be declared next Heir to Succession This advice with the former bold bearing of the Title and Arms caused more than suspition That otherwise She meant by violence to take the Crown having claimed it through too hasty ambition And indeed it was a great means to dissever their friendships For alwaies unto established Governments Successors are soon suspected The People most usually upon dislike of present things look up after the rising Sun and forsake the setting Nor is it customary with Successors designed to keep their own hopes and other mens lewd desires within the compass of justice and truth and thereby also to cut off the likelyhood of future security by hanging before their own eies their winding sheet and to solemnize their own funeral Feast alive and see the same Hereby it was evident Queen Mary prepared to stand upon Her Guard well waying the watchfull eye of Queen Elizabeth upon all Her Actions The Queen of Scots was young and handsome and in respect of Succession thought upon nothing more than to settle Her self again by Allyance and Marriage which Queen Elizabeth meant to propose to divert Her Choice in France mostly aimed at and therefore by pretence of great policy to both She offered Husbands to Her of the English blood which the other had most reason to refuse and to strengthen her self by the amity of the French Preferring that as most certain from whence her Birth proceeded rather than to trust too much to the English or to the policy of Queen Elizabeth who was likely to govern the design as She pleased to Her own advantage And therefore She accepted several overtures of Mariage with others And first with Arch-Duke Charles Son to Ferdinand the Emperor but Queen Elizabeth soon threatned Her out of that match and in plain terms commended Robert Dudley a new fallen Widower of his own making for this design and other great conveniencies to mary Her But that was retorted with much scorn by Her Kindred in France the Guises as unequal and unworthy they being then in Treaty for Her with the Emperors Son and others of France the Prince of Conde and the Duke of Ferrara and so was Queen Elizabeths design narrowly examined by them and suggested that this proposed mariage was but to colour Her own resolves to mary Dudley Her self which gave the more suspition he being suddenly made Masterof Her Horse created Baron Denbigh and the next day E. of Leicester and for the more credit his Brother was made Baron Lisle and Earl of Warwick But Leicester by Proxie made Court to Queen Mary and in time Commissioners were appointed from either Kingdomes to treat thereof at Barwick Though indeed he had some false hopes from the common bruit to mary Q. Eliz. and therefore privately authorized his confident Commissioner the Earl of Bedford to hinder the Treaty and to further the Q. of Scots mariage with Henry Darly Son to the Earl of Lenox who were both of them called home by their Queen after their twenty years banishment here in England And no sooner She saw Darly but presently designs Her self to him From which Mariage proceeded Her disquiet and future unhappiness This Darly was highly descended his Father Matthew Stuart Earl of Lenox born of the Royal stock of the Stuarts was allwaies acknowledged next Heir to the Queen of Scots in Her infancy And this his Son a person of incomparable mixtures of mind and body might well excuse the Queens choice and her disjointed Councils concerning her Husband And when she found it came to light she desired Q. Elizabeths consent but Murray most ambitious and unwilling to leave his power and interest in the sway of Government together with Hamilton sought under hand all indefatigable waies and means in England to prevent it though Queen Elizabeth had no need to be taught designs and devices if possible to divide this intended Match Which indeed caused Queen Mary the sooner to hasten and having knighted Darly and created him Lord Armanoch Earl Rosse and Duke of Rothsay at the five Moneths end of hir beginning She took him her King and Husband 1565. And now Murray
Fugitives if he might be trusted with the Queens License which was promised to him but delayed whilst all was discovered to Walsingham by one Gifford a Priest whom he recommended unto Amias Pawlet to suffer his servants to be corrupted by him and so to intrap the Queen his Prisoner but though Pawlet refused to conspire with his servants yet he permitted one that depended on the necessary service of his Family a Baker to be bribed and at a hole in the wall to give out and take in letters between the Queen and all the confederates which were as sure to be opened and read by Walsingham who got the Keys of the Ciphers and had answeâ—s counterfeited to involve whom he pleased to suspect in the Plot. At last the time being ripe for Execution they were proclaimed Traytors and at several places seized examined and confessing to every particular they were executed as Traytors seven of them most cruelly the other seven with more mercy The Queen of Scots was so narrowly watched that she knew nothing of the discovery no not when Mr. Gorge was sent to her to expostulate these plots She being then on horseback a hunting was not suffered to return but in shew of honour was led to several Gentlemens houses in the mean time that her servants and her Secretaries are severed from Communication her Cabinet and Desks and Copies of Letters with sixty several Ciphers discovering all were seized and sent to the Councel Now is Gifford sent by Walsingham into France and given out as banished who leaves a Paper indented with the French Ambassadour In charge not to deliver any letters from the Queen of Scots or from the fugitives that came to his hands and to be sent into France but to such onely that brought the counterpain of the Indented Paper which he secretly sent to Walsingham And so depâ—â—ted into France where soon he died for having done the main work ere he went over was for his reward discovered to be a counterâ—eit even by slight of hand and Walsinghams contrivement and so had â—auce to his knavish face that pined him away by inches In this condition was the poor imprisoned Queen at Fotherringhan Castle in Northampton-shire when the Councel were as busie what to do with her At last they concluded to proceed upon the Act of 27. Eliz. made the last yeer against Plotters or contrivers of the Queens death as before said To which purpose a Commission under the great seal issued out impowring twenty four Noblemen and others therein who came to the Castle the 11 of October to try and censure her Against which she excepted As being her self a free Princess and not liable to tryall for life Her ignorance of the Laws of England and without Council Her papers and writings seized and so utterly refuses to be tryed Yet being over-born and convinced with many strong arguments of Law and Reason she submits The manner of her Tryal was thus A chair of Estate was set as for the Q. of England under a canopy at the upper end of the Presence Chamber Bâ—neath against it was placed a Chair for the Queen of Scots close to the Walls on both sides of the Cloth of Estate Seats were made for the Lords Chancellour Treasurer the Earls of Oxford Kent Derby Worcester Rutland Cumberland Warwick Pembroke Lincoln and Viscount Mountacute On the other side the Lords Abergavenny Zouch Morley Stafford Grey Lumley Sturton Sands Wentworth Mordant Saint John Compton Chenos Next to these the Knights Privy Counsellours Sir James Croft Sir Christopher Hatton Sir Francis Walsingham Sir Ralph Sadler Sir Walter Mildmay and Sir Amias Paulet Forward before the Earls sate the two Chief Iustices the Chief Baron of the Exchequer And on the other side the other two Iustices Delt and Ford Doctors of the Civil Law At a Table in the midst Popham Attourney General Egerton Solicitor Gawdy Serjeant at Law the Clerk of the Crown and two Notaries The Prisoner being set Bromley Lord Chancellour turning to her said The most illustrious Queen of England being certified to her great grief that you plotted hers and the Kingdom of Englands ruine and the overthrow of Religion established Out of duty to God her Self and People and no malice or ill meaning hath authorized these Commissioners to hear what can be laid to your charge and your Answer to defend your own innocency She rising up said She came into England to implore aid and was promised it but ever since kept Prisoner That she is not the Queens subject but a free and absolutâ—â—rincess and cannot be compelled to appear before Delegates or any other Iudg for any cause whatsoever but before God alone the supreme Iudge of all which otherwise were derâ—gatory to her own Princely Majesty to her Son the King of Scots her Successors and all other absolute Princes Nevertheless she did present her self to refute all Crimes that could be charged upon her The Chancellour replied that her Protestation was vain for whosoever offends the â—aws of England in England must be subject to the same examined and judged and therefore not to be admitted Yet the Delegates commanded her Protestation and his Answer to be registred The Patent and late newest Statute made a Law was read and opened to which she answered that it was purposely made to entrap her Gawdy averred that she had transgressed every part and parcel of that Law with a Narration of Babingtons Treason to which she was accused as conspiring abetting assenting to effect it She denies all never to have received Letters from him nor written to him she knew him not and requires Proofs of her Hand by any Subscriptions or Letters nay she never heard tell of any such Treason Ballard she knew not onely she understood that the Catholicks were grievously used and therefore she writ to the Queen for some pity upon them She confessed those Letters produced from many whom she knew not that profered their endeavours for her enlargement but she excited none to any wicked Design and being a Prisoner she could not hinder their Attempts Then was Babingtons Letters read his Confessions and Correspondencies with her wherein the whole Conspiracy was expressed She answered that Babington might write them but prove any receipt of them if Babington or any other affirm so much I say plainly They lie A Packet of Letters detained a whole year came to my hand but I know not who sent â—t But Babingtons confession accused her therein She blamed Sir Trancis Walsingham for his cunning plottings to entrap her with counterfeiting Letters and Cyphers which he lamely excused and put all upon policy of State This held out the Fore-noon After Dinner was produced Charls Pagets Letter and Curls one of her Servants confession that she received it touching conference with Ballard and Mendoza for invading England and setting her free She acknowledged that a Priest told her that
Captivity Shall we be inveigled with pretences petty Preferment to Parliament Votes and Titles of Prelacy c. Then scoffing at the King But Boniton says he that Thief is executed What 's that to Religion Is there none offends but Boniton But the King is sound if so the danger the less but there is nothing sound in Kirk or King Melius obtabilius est bellâ—m pace impia a Deo distrahente Do what the King could such Libells were licensed for which he was committed Their Church thus settled the King urges for a new Translation of the Bible being miserably lamely done disputing with them the Errors therein as also their Prose and Singing Psalms wherein he shewed the faults of Meeter and Matter with admiration to all that heard him so ready to reason with them their discrepance from the Text by proofs of other Languages which though he could not obtain from them therein yet he had it accomplished where he found obedience to his commands afterwards in England Anno 1603. The King caresses all his Friends and sends Lodowick Duke of Lenox Ambassadour into France with some persons of Honour and two Counsellours of State to caress the King he arrives at Diep and enters Paris with a train of Scots that met him from all parts a custom they ever had to set out themselves the best side outwards especially from home where they are least known but by their own declarations And not long after Audience at St. Iermans the Queen in childe-bed and then took leisure to visit his Mother Madam d' Aubigney whilest the King poasted to Callis upon false intelligence that Queen Elizabeth was desperate ill or that the affairs of Flanders invited him Ostend then besieged No doubt his mouth watered to have found such another faction as might foist in another Bastard of Normandy in gallantry he would say so Upon his return the Duke takes leave and lands in England We may guess what he had done assured the Kings affection to the French and as of ancient amity so craves continuance and support towards his new Inheritance in case of necessity when his time should come to the Crown of England And here he findes the Queen ill disposed and the Parliament set suspected of all to have made his Masters clame to the Right of Succession and many one ready to offer assistance but he declared to them the Kings dislike to breed jealousies by such unkindness his Commission being no other than to salute her with the Kings filial affection to her Majesty and because he found the Irish malady oppressed her most he proffered his Masters aid to serve her there which she took well and he took leave The Mighty States ouâ— of sunken Netherlands will have no delay but to subdue Flanders and to amuze the Arch Duke Maurice Prince of Orange is sent into Gelderland to besiege Reinbergh and had assistance fron England of four thousand men but the Arch Duke was more forward and fell upon Ostend to whose Relief are sent twenty Companies and Sir Francis Vere their General both without and within Ostend from a poor Fisher-town had repulsed the Duke of Parma Maltee and now this Arch Duke with all his seventeen Forts erected round about it For Sir Francis Vere in the fifth moneth of the Siege treats about the Surrender delaying the Delegates till Auxiliaries were raised and then sent them away with a fig for them The Arch Duke was angry batters Ostend with eighteen Cannon drives on two thousand Foot to set upon the old Town the Horse put them on and take two Fortresses and the English Trenches nine Ordnance out of the West Gate with Chain-shot miserably rent the Assailants with mighty loss in other places Sir Francis Vere quits his six moneths Government as it was ordained to Frederick Dork a Dutch-man who with others succeeding him defended it three years and four mouths against Spains fury and the raging sea the more troublesom Enemy and in that time were intomb'd in honour many brave English and others the most warlike Souldiers of all Nations in Christendom contending for a barren piece of sand The French King fearing such an evil Neighbour provides for his own Coast and comes to Callis whom Queen Elizabeth congratulates by her Secretary Edmonds and he returns the Visit to her by Marshal Byron Monsieur Arvern and Sir Aumons and besides they had in charge to wish her happiness in the timely suppression of the late Rising and sudden Execution of Essex and his Complices She said His faults deserved that punishment of which she gave him timely warning foreseeing his ambition edg'd on by others to commit Treason for which yet had he begg'd it she might have given him pardon Byron not long after felt the like destiny for his Plots against the French King though his merits to his Master were far exceeding any pretences of Essex yet all of them and his thirty wounds in the Kings service could not prevail though he begg'd it with too much desire of longer life And indeed they were both equally matches in most things parallel either in vice or virtue Money was scarce in England being transported yearly into Ireland one hundred and sixty thousand pounds sterling and under that colour the Merchants had a common way to convey elsewhere much more and once got to the Rebells it was good barter for all commodities with any forein Nation and by stealth with English the Coin for Ireland was therefore abased with some Brass which would bring over the sterling money back again into England The Arguments against this could not prevail with Treasurer Burkhurst besides the Law of that time Necessity 'T is true the Souldier lost in his pay which they felt but understood not and the Queen was not so nice of her publick repute but to veil to the benefit which lasted not long and the money-masters not then so well experienced to manage the advantage the Spanish policy therein grown cunning might have taught us what they practice for gain With fresh pay the Deputy goes on removes Ter Oen from Black-water Derry Castle Donegal Monastery The tittular Earl of Desmond and Mac Carty are surprized arreigned and condemned of Treason and sent into England by whom and others is discovered the intention of landing Forces from Spain at Cork which was therefore fortified and fresh mann'd with help of two thousand new Souldiers out of England The Spaniards lands in September at the mouth of Kingsale Haven and the Governour there Percie retires 〈◊〉 and the other let in with thirty five Ensignes 〈◊〉 welcomed by the Inhabitants The President Carew bestirrs him drives the County about lodges some forces in places of advantage ready with his Army to expect don Iohn D' Aquila with his title of Master General and Captain of the Catholick King in defending the war of God and maintenance of Religion in Ireland and to deliver
prayer over a Man to be strengthned and confirmed by the holy Ghost or to receive the gifts of the holy Ghost as Saint Ambross saith alluding to Heb. 6. 2 c. Nor saith he is it their opinion Confirmation to be unlawful but rather because they have not the use of this in their own hands every Pastor in his Parish to confirm for then it would be accounted an Apostolical institution And indeed Doctor Reynolds seemed to grant replying that some diocess of a Bishop had 609 Parish-Churches as London it was inconvenient to commit confirmation to him alone as impossible to examine all them It was answered that the Bishop usually appoints his Chaplins or Ministers to examine them and none are otherwise confirmed but by testimony of the Parsons or Curats where they are bred and born and Saint Ierome says that the Execution was indeed restrained to Bishops only ad honorem potius sacerdotii quam ad legis necessitatem Ecclesiae salus in summi Sacerdotis dignitate pendet cui si non Exors quaedam et ab omnibus eminens detur potestas tot in Ecclesiis efficerentur schismata quot sacerdotes It was used anciently partly to examine children whether they had been baptized or no for primitively baptism was administered in divers sorts In Nomine patris et filii c. others In Nomine patris Majoris et filii Minoris as the Arrians did some in nomine patris per filium in Spiritu sancto others not in the name of the Trinity but in the name of Christ c. Whereupon Catholick Bishops were constrained to examine them who were baptized in remotis The King concluded as none should confirm so none to preach without the Bishops License Doctor Reynolds complained that the Catechism in the Common-prayer-Book was too brief and Nowells was too long requested one uniform and none other It was thought reasonable the King saying That in Scotland every one well affected or thought to the sonne of a good man set out a Catechism and what was received in one Congregation was never accepted Orthodoxall in another adding this gromical Canon conclusion First that old intricate questions might be avoyded in the fundamental Instructions of the people Secondly not to be such a departure from the Papists in all things as to be therefore in error because we agree in some Then Doctor Reynolds moved for a new Translation of the Bible the old ones of Henry the eighth and Edward the sixth being corrupt Instanced in Galathians 4. 2â— Psal. 101. 28. They were not obedient For not disobedient Psal. 106. 30 c. The King complained thereof and the worst to be Geneva the Marginal notes thereof were partial untrue seditious and trayterous as Exod. 1. 19. the note alloweth disobedience to Kings And 2. Chron. 15. 16. The note taxeth Asa for deposing the Mother and not killing her That errors in matters of faith may be rectified that matters indifferent might rather be interpreted and a gloss added concluding rather a Church with some faults then an Innovation and surely saies he if these be the greatest matters I needed not your complaints Doctor Reynolds complained against publishing some Books unlawfull instance that De jure Magistratus in subditos published of late by Ficlerus a Papist and applyed against Queen Elizabeth for the Pope Bishop of London said That the Author de Iure was a great disciplinarian whereby it appears what advantage these Sects afforded to the Papists who mutatis personis could apply their own arguments against Protestant Princes That for other Books lately admitted viz Disputes between Secular Priests and Iesuites the King told Doctor Reynolds He was a better Colledg-man than a States-man and willed him and His associates to know they were permitted by order of Counsel Table whereby their schisme and his Majesties title handled and the title of Spain confuted and wherein this State was cleered of putting Papists to death not for Religion but Treason And thus much concerning purity of Doctrine The second generall point Pastors to be Resident and Learned The King had ordered the Bishops to be carefull herein but as subita evacuatio was perâ—culosa so subita Mutatio That there were more sufficient divines than Maintenance which must be first provided young ignorant Ministers to be removed if old death must make void for better Jerusalem could not be built in a day It was conceived that Lay-Patrones presented such as liked their humour and faction the Law admitting any mean Clerk and if the Bishop opposed a quare impedit is sent against him Some moved to settle a praying Ministery another while for there are many excellent duties in the Ministers Absolving the Penitent Praying for and Blessing the People Administring the Sacraments but now it is concluded into one onely duty preaching oft time indiscreetly to the prejudice of divine service being usual rather to walk in the Church-yard than be at the service The King said it was most necessary to plant by preaching but in a Church so long established in faith onely the Hypocrite placed all his Religion in the Ear as an easie passage but Prayer expressed the hearts affections and the true devotions of the mind puts us to over-much trouble There ought to concur in prayer an unpartial consideration of our own estates a due examination to whom we pray an humble confession of our sins hearty sorrow and repentance not severed from faith In the mean time that Homilies might be read every Man that can pronounce well cannot perhaps indite well to which the Adversaries confessed They were told of the Pulpits made by them Pasquils a lude custome to traduce Thrird and fourth general heads mingled together Here indeed Doctor Reynolds skipt over the third point into it urging Subscription as an Impeachment to a learned Ministery and desired not to be exacted their reason The books Apocryphal enjoyned in the Common prayer-book to be read were in part erroneous Instanced Ecclus. 48. 10. That Elias was to come before Christ and so Christ not to be come because saith he Ecclus. useth the very words of Elias in Person which Malachi Chap. 4. doth apply to Elias in resemblance which both an Angell Luke 1. 17. and our Saviour Matth. 11. did interpret to be Iohn Baptist. He was answered with Sir Ieromes distinction Canonici sunt ad informandos mores non ad confirmandam fidem The King desired an even Order Not all Canonical books to be read in the Church unless to be interpreted nor any Apocrypha at all where any error but such as were clear with the scriptures else why printed As the Maccabees excellent to make up the story of the Jews persecution but not to teach a man to sacrifice for the dead or to kill himself But the King finding them to insist so hotly against Ecclesiasticus the place being read he shewed who the Author was then
once in three Weeks first in rural Deanaries and therein to have Prophecying Secondly and if not there resolved then to be referred to an Arch Deacons Visitation and so thirdly to Episcopal Synod where the Bishop with his Prebytery might determine The King started at the word saying They aimed at the Scotish Presbytery which said he agrees with Monarchy as God and the Devil then Jack and Tom and Dick shall meet and censure me and my Council and all our Proceedings Stay if once that Government be up we shall have work enough Sir said the King to Reynolds you have spoken for my Supremacy and you did well know you of any that like of the present Ecclesiastical Government dislike my Supremacy He answered No. I will tell you a Tale After Queen Mary had overthrown Edward 6. his settlement of Religion whereupon Mas. Knox in England writes to the Queen Regent my Grand-mother a virtuous and moderate Princess telling her She was Supreme Head of the Church charging her in Gods Name to take care of Christ's Evangil and suppress the Prelates But how long trow ye held this Even till he and his Adherents were shuffled in and understood matters of Reformation declined her Authority assuming all Ecclesiastick into their own hands and according to more light wherewith they pretended illumination made further Reformation How they dealt with my good Mother not allowing to her breeding a poor Chapel but her Supremacy was not sufficient Authority and how with me in my minority these times remember My Lords Bishops I thank you that these men plead for my Supremacy now they think you too hard for them but by appealing unto it as if you were not well affected but I say No Bishop no King I speak not at Random for I have observed some of their Gang to pray for my Person as King of England c. but for Supremacy over all persons they pass that over If this be all you can say I le make you subscribe or hurry you out of England Finis secundi Diei The next day of Conference appeared all the before-named and also were admitted the Doctors of the Civil Law Sir Daniel Dunn Sir Thomas Crompton Sir Richard Swale Sir Iohn Bennet and Doctor Drury The Arch-Bishop presented the King with a note of those points referred to consideration the alteration or rather explanation of them in our Liturgy 1. Absolution or Remission of sins in the Rubrick of Absolution 2. In private Baptism the lawfull Minister present 3. Examination with Confirmation of Children 4. Jesus said to them in the Dominical Gospel in stead of Jesus said to his Discipes The King reading the Common-Prayer-Book of Private Baptism They baptize not Children it shall be altered They cause not Children to be baptized and where it is said Then they minister it it shall be The Curate and lawfull Minister present Concluding that he aimed at three things 1. Words fit and convenient 2. How things might be best done without appearance of alteration 3. To be practised that each man may do his duty in his place The King said 1. The parties named in the High Commission were too many and too mean 2. The matters too base 3. That the branches granted out to the Bishops were too frequent and large The Arch-Bishop answered 1. That albeit the Privy Council were in all the Bishops Judges of Law and others but their imployment hindred their sitting unless supplied by meaner men Deans and Doctors 2. The fault may be mean that the Ordinary may censure but often times the Delinquent might be so great and so wilfull that the ordinary brand of the High Commission is needfull And for the third It was to be referred to consultation The King was shewed the three Articles which are to be subscribed unto viz. To the Kings Supremacy the Articles of Religion and Common Prayer-Book His Majesty said Subscription was necessary to prevent Tumults in the Church 2ly Because the Minister must answer for every Minister for turpius ejicitur quam non admittitur Hospes 3ly As a good means to discern the parties affection and to avoid confusion and he that would be refractory deserved to be hanged praestat ut pereat unus quam unitas Touching the Oath ex Officio the King prevented that old Allegation Nemo cogitur detegere suam turpitudinem said that civil proceedings only punished facts but Ecclesiastical Courts looked unto Fame and Scandal that there was necessary the Oath Compurgator and ex officio with moderation in gravioribus criminibus 2ly In such of publick Fame and to be distinguished as in Scotland where lying with a wench though but suspected was made publick to all the states and people at the stool of repentance And here the King described the Oath ex officio the grounds thereof the wisdom of the Law therein the manner of proceeding thereby and the necessary use thereof In so compendious and absolute order as the Auditors were amazed the Arch-Bishop said he spake by Gods spirit Then was committed to consultation 1. For excommunication the Name or censure to be altered 2. For the high Commission the quality of the Persons to be named and the nature of the causes 3. For Recusant Communicants the weak to be informed the wilfull punished The 4th thing consulted was for sending Preachers into Ireland He being as he said there but half a King over their Bodies but their soules seduced by Popery no Religion no Obedience to send men of sincerity Knowledge and Courage The last was for maintenance for the Clergie Then Master Chadderton requested that the surpliss and Cross in Baptism might not be urged upon godly Ministers in Lancashire lest they revolt to Popery instancing the Vicar of Ratesdale a Man that doled the Communion bread at the Sacrament out of a Basket every man putting in his hand for himself That letters should be writ to the Bishop there but if they were turbulent spirits they should be inforced to conformity and a time limitted Master Knewstubs desired the same favour for the Godly Ministers in Suffolk not to be forced against their Credits to the surpliss and Cross. Sir said the King have we taken pains and concluded of an unity and conformity and you forsooth must preferr the credits of a few private men before the publick peace of the Church The Scots Argument because they had been long of a contrary opinion Somewhat was said against their Ambuling Communions and Master Chaterton's sitting Communion in Emmanuel College But finally they all promised conformity and obedience and so parted that Meeting Chancellour Egerton a wise and learned Counsellour wondering at the Kings ready Disputes expert and perfect in Divinity said That he had read that Rex est mixta persona cum Sacerdote and now he sees the truth thereof in him A marvel to some in these our last times why no more able men to be found for them but
is going to call up the Earl of Northumberland at Essex house where they both finde one Lepton got on hors-back at Essex gate which was conceived to seek out Piercy but Winter going to White-hall findes the Gates shut and the way to Westminster guarded and being told that a Treason was discovered to blow up the Parliament he hasts to his Horse and gallops down to Catesby to Dunschurch the place of Rendezvouz On Thursday they meet there seize Arms at the Lord Windsors and that night to Master Littleton's house one of their number when news came that Catesby was burnt by accident of drying their Pouder Littleton advises Winter to fly he would not till he might see his Friends Catesby's body and bury it but finding him reasonable well with Piercy Wright Rockwood and Grant they all resolved to keep together to fight and die when the Countrey came in both the Wrights killed Catesby and Piercy with one Bullet and Winter wounded and taken This was his Confession and true but the whole story was thus interwoven The News spread abroad of this Accident being on Tuesday morning the fifth of November and the first day of Parliament Winter and the two brothers Wrights hasten out of Town for Catesby and Piercy were gone the morning before and all of them towards their Rendezvouz in Warwickshire towards Coventre where the very next day about the hour that Fauks was taken at Westminster Iohn Grant with others his companions all Papists broke open Benock's Stable a Rider of great Horses in that County and carried away all being eight of them and so both this company as also those which fled out of London met at Dunchurch Sir Digby's house on Tuesday night having appointed a Match of Hunting the next morning according to their former plotting But finding their treachery prevented and not prevailing by a private villany they now resolve to practise publick Rebellion to make up their wickedness any way And first grounded their cause Religion with some provisions of Ammunition Army Pouder and Horses they roved up and down to gather company by whose example it was possible some other such like in other Counties might joyn Forces considerable to raise a Rebellion of themselves never in number above eighty Serving-men and Hors-boys who were watcht hourly for fear of quitting their Masters quarrel and so wandring through these Counties of Warwick and Worcester were by the Sheriff of Worcester taken killed or disperst about Littleton's house Strange were the Accidents which brought the Countrey upon them for as yet the Kings Proclamations had not reacht thither nor was their Treason discovered to them But the Riot of Grant forcing the House for the Horses was an insolency pursued with Hue and Cry among the Commons that the Countrey rise to know the reason Sir Fulk Grevil the elder was then Lieutenant of Warwickshire whose wisdom soon apprehended the danger to be the Indices of Rebellion instantly seizes Ammunition and Arms of all about him either absent from home or doubtfull and with such further directions that a poor Smith got hold on Winter who was rescued by his company and sixteen taken by the Towns-men and by the Sheriff Sir Richard Verney sent Prisoners to London Sir Richard Walsh of Worcestershire pursues them to Littleton's house as aforesaid and there makes a stand sends a Trumpet to command obedience to him as his Majesties Minister and Sheriff and not knowing more of their Treason than was visible by the Tumult promises to intercede with the King to spare their punishment of Death They as best witnesses to their own consciences and high demerit return him in scorn That he must get more help ere he be able to defend himself And whilest thus at parley without the principal of them within drying two pound of Pouder far enough from the Chimney yet a Spark flew out and fell amongst it blew up another Bag-full but not fired and so maimed and disabled Catesby himself Rockwoâ—d Grant and others of greatest account thereby made unable of forceable defence and wonderfully amazed with horror of conscience thus to be met with by mischief of their own Mineral In quo peccamus in eodem plectimur as forthwith falling down on their knees prayed to God for pardon of their sins opened the Gates and desperately seeking their own destruction Catesby and Piercy back to back were killed with one shot and both the Brothers Wrights and others slain Winter Tresham and the rest taken alive were sent to the next Gaol and so up to London and were met with by such a concourse of people out of the City as the like were never seen wise and weak women and children wondring at these Monsters Tresham in the Tower died of a Strangury the two Winters Grant Rockwood Digby Fauks Keys and Bates were each of them at several times and places arreigned condemned and executed as in case of Treason To disjoyn them in their Designs These labored in the Mine These were afterwards engaged to them Esquires Robert Catesby Robert Winter Gentlemen Thomas Piercy Thomas Winter Iohn Wright Christop Wright Guido Fauks Thomas Bates Catesby 's Man Knight Sir Everard Digby Esquires Ambrose Rockwood Francis Tresham Gentleman Iohn Grant Robert Keys The second Session of this Parliament prorogued till the 5. of November and being on the fourth day met again they enlarged other excellent Laws against Papists wisely discerning how that creeping Monarchy of Rome by her Arch-Instruments the Jesuits had already planted five Schools as fit bates in divers reformed states intending so to tempt those well-believing people with that old forbidden Tree of knowledg as they might sinne desperately against their Sovereign before they knew it But the Parliament enacted the Anniversary Commemoration of this day to be observed for ever with thanksgiving to God for this delivery of which a Man may hardly assure any long continuance Are we bound more to obey it than the statutes of God Almighty for solemnity of several Festivals which all Christians observe and we onely neglect And asscribing the discovery of this Powder-plot to the divine spirit of the King by his Interpreting the dark phrases of the Letter to Mounteagle They gave to the King three intire subsidies and six fifteens together with four subsidies of four shillings in the pound granted by the Clergie amounting in all to four hundred fifty and three thousand pounds And Caecil for his good service was Created Earl of Salisbury The Acts in this Session were these Certain Persons attainted of the Gun-Powder Treason and their Estates Confiscate An Act to prevent and avoid dangers of Papists Recusants To avoid the City and Court unless Inhabitants here disabled from Offices nor to practise Law nor Physick Penalty one hundred pounds wonderfull strickt Act for free Trade of all Merchants to Spain Portingal and France as well as others that have Incorporate Charters Against Misdemeanors of Attornies and Solicitors of the
an ordinary fate which often accompanies them to bear the burden of their masters mistakes which yet was but an experiment proper enough for the L. Chamberlain Rochester to put in practice whose creature he was But we may not forget our good Lord of Essex our digression most necessary to his story which was thus There was amongst other persons of Honour and quality in Court a young Lady of great birth and beauty Frances the Daughter of Thomas Howard Earl of Suffolk married in under-age unto the Earl of Essex now become a forward stripling she two and twenty and he three and twenty years of him common fame had an opinion grounded upon his own suspition of his insufficiency to content a Wife And the effects of this Narration with the sequel of his life and conversation with his second Wife is so notorious as might spare me and the Reader our several labours for any other convincing arguments But with the first when both were of years to expect the blessing of the Marriage-bed he was always observed to avoid the company of Ladies and so much to neglect his own that to wish a Maid into a mischief was to commend her to grumbling Essex as they stiled him and increased the jealousie of such men whose interests were to observe him that he preferred the occasion himself for a Separation and which indeed from publick fame begat private disputation amongst Civilians of the legality thereof wherein those Lawyers are boundless This Case followed the heels of a former Divorce fresh in memory between the Lord Rich and his fair Lady by mutual consent but because Mountjoy Earl of Devonshire married her whilest her Lord lived the King was so much displeased as it broke the Earl's heart for his Majesty told him that he had purchased a fair Wife with a foul Soul But this of Essex was a different Example when you seek to parallel them together And therefore we may with more charity to truth not admit such hasty credit as to believe that now the Kings delight was onely for the love of the Viscount who is supposed to be in love with the Countess of Essex and upon no other score to command the Bishops to sue out a Divorce from her Husband which in truth was done with ample Reasons and legal Geremontes And because the Nullity gave freedom to either and so the means of her after-marriage with Rochester the sad occasions of all the sequel mishaps I have with some diligence laboured out the truth precisely and punctually as it was acted and proceeded by Commission Delegative not easily now otherwise to be brought to light which the Historian passes over briefly as unwilling to spend time to set down truths when it makes not for his turn for this Author had been Essex his Man and turn'd away by his Lady Upon Petition of the Earl of Suffolk and his Daughter Frances to the King That whereas his Daughter Frances Countess of Essex had been married many years unto Robert Earl of Essex in hope of comfortable effects to them both that contrariwise by reason of certain latent and secret imperfections and impediments of the said Earl disabling him in the rights of Marriage and most unwillingly discovered to him by his Daughter which longer by him to conceal without remedy of Law and the practice of all Christian policy in like cases might prove very prejudicial And therefore prays To commit the cause of Nullity of Matrimony which she is forced to prosecute against the said Earl to some grave and worthy persons by Commission under the great Seal of England as is usâ—ally c. Which accordingly was granted unto four Bishops two Privy Counsell ours learned in the Law and unto four other Civil Lawyers with clause to proceed cum omni qua poterint celeritate expeditione summarie ac de plano sine strepitu ac figur a judicii sola rei facti veritate inspecta mera aequitate attenta And with this clause also Quorum vos praefati Rev. Patrem Cant. Archiepiscopum Reverend Patrem Lond. Episcopum Iul. Caesar. Mil. aut duos vestrum in ferenda sententia inâ—eresse volumus But for some Exceptions concerning the Quorum by the Commissioners in the words Sententia esse not interesse A second Commission was granted and adjoyned two Bishops more with this Quorum Quorum ex vobis praefat Reverend Patrem George Cant. Archiepisc. Ioh. Lond. Episc. Tho. Wint. Episc. Lancelot Eliens Episc. Richard Covent Lich. Episc. Ioh. Ross. Episcop Iul. Caesar. Mil. Tho. Parry Mil. in ferenda Sententia nos esse volumus Upon this the Countess procures Process against the Earl to answer her in a Cause of Nullity of Matrimony The Earl appears before the Commissioners by his Proctor and she gives in her Libell viz. That the Earl and the Lady six years since in January Anno Domini 1606. were married her age then thirteen and he fourteen and now she is two and twenty and he three and twenty years old That for three years since the Marriage and he then eighteen years old they both did co-habit as married folk in one bed naked and alone endeavouring to have carnal knowledg each of others body Notwithstanding the Earl neither did nor could ever know her carnally he being before and since possessed with perpetual incurable impediment and impotency at least in respect of her That the Lady was and is apt and fit without any defect and is yet a Virgin and carnally unknown by any man That the Earl hath confessed oftentimes to persons of great credit and his nearest Friends that he was never able carnally to know her though he had often attempted and â—sed his utmost endeavours And therefore prayeth the Commissioners upon due proof hereof to proneunce for the invalidity and nullity of the Marriage The Earl by his Proctor denies the said Contents Contestatio lit is negative His Answer is required by Oath by second Process where in open Court his Oath was administred with so great care and effectual words to minde him of all circumstance as the like hath been seldom observed The Earl viva voce confesseth the Marriage and circumstance as in the Libell and were not absent above three Moneths the one from the other in any of the said three years That for one whole year of the three he did attempt divers times carnally to know her but the other two years he lay in bed with her nightly but found no motion to copulation with her That in the first year she shewed willingness and readiness therito That he did never carnally know but did not finde any impediment in her self but was not able to penetrate or enjoy her And believeth that before and after the Marriage he found in himself ability to other women and hath sometime felt motion that way But being asked whether he found in himself a perpetual and incurable impediment
of my life Such stuff as this makes up the matter as they would make us believe but in truth he threatened Somerset with some discovery which was construed to be secrets of Love or State or both Not without monstrous defaming her honour by Message and writing filthy base woman they were best look to stand fast which begat fury in her and subtilty in Somerset least Overburies Malice should break forth to both their sufferings and so trouble their whole fortunes To prevent mischief to the One and continual defame to the other combining with the rest It was resolved by her to destroy him which she first intended by assassination and dealt with one Sir David Wood an ill-looked red-bearded Scot whom Overbury had prevented of a suit valued 2000l But his cowardice not conscience fearing to ingage she and they plotted the impoisoining of him in prison as the story intends to discover in particular This Spring seizes Northampton for death He was brother unto the late Duke of Norfolk who suffered for his Attempts of Marriage with the Queen of Scots as before remembred then a Prisoner here in England which might be some motive for the King to consider the advance of this Man and that Family which he did by preferring the Dukes second Son to be Earl of Suffolk 1603. and by restoring the Dukes Graâ—dchild Thomas Earl of Arundel 1604. as aforesaid and by particular preferments of this Henry who was more wedded to his book than to the Bed for he dyed a Bachelour He was accompted wise and learned a cunning States-man and for all these abilities out of the Kings great affection to Letters especially being concentured in a Noble person at his first accession hether he the rather advanced him in succeeding Creations as Baron of Marnhill Earl of Northampton then Privy Councellour Lord Warden of the Cinque Ports Lord Privy Seal and Knight of the Garter and elected Chancelour of the University of Cambridge He had plentiful for his single Life and to spare for his friends In his expence not over frugal maintaining his Port the most remarkable like the antient Nobility in his family and dependents of any Lord then or since his time He assisted his Nephew the Earl of Suffolk by his designning and large contribution to that excellent Fabrick Awdleend He built that Noble Structure at Charing-Cross Northamp House presented it a New years gift to his Cosin German the â— Walden Suffolks eldest Son And yet left his other Cosin the E. of Arundel the rest of his estate so to appear to the World his equal distribution to such even kindred He was pious and gave good testimony thereof in his life built that handsome Covent at Greenwich and indued it with Revenue for ever for maintenance of decayed Gentlemen Bachelours a competent number and for Widdows also considerable He died in April Anno 1614. full of years and honour and suspected more Catholick than some will think reasonable though in the form of a Church Papist as some lately do publish and to be a Setter in the monstrous Murther of Sir Thomas Overbury though the Lieutenant of the Tower Yelvis in his Examinations and Confessions cleered him which suspition is since grounded upon the interpretation of his Familiar Epistles to the Earl of Somerset and indeed but bruited since his death And where no proofs precede we may be sparing to not him so Noble a Person with that or any other Infamy About these times the humours of young Gallants not brooking the peaceable conditions of our Kingdomes and neighbour Nations took upon themselves to quarrel with each other and to fight it out in Duels upon slight occasions and very frequent which induced his Majesty to publish a severe Edict against private Combates and Combatants their Seconds Accomplices and Adherents for prevention of those heavy events whereto worthy familics become obnoxious by the odious and enormous impieties inevitably subsequent thereupon Intending by that time that the most proper Remedies have qualified the distemper of il-disposed minds and that audacious spirits have smarted for incompetent desires the false colours and pretences of erring Custome have both been counterpleaded and corrected by reforming severity By that time I say that Passion hath been put into the right course of submitting to discretion and caution hath wrought it self at leasure into as constant a form and habit of conforming to obedience as self-will took in former times to plant false principles the greater part will easily discern That there is greater reason to reprove those that offer Challenges of madness than to tax those of Cowardice that abstain out of duty And therefore those that should conceive themselves to be behind in the least respect of point of honour should repair to the Marshalls Court who were instructed and prepared as well for the cleansing of all green wounds as the healing of old Ulcers that shall appear to them Hereupon occassion was soon given and taken in a Duel of Priest and Wright for writing and carrying the challenge and an information against them in Star Chamber by a charge of Sir Francis Bacon Atturney General and though the persons were but mean yet they served for example to the great the Dog to be beaten before the Lion the one a Barber Surgeon the other a Butcher This eloquent Oratour divided his charge into four branches 1. The nature and greatness of the Mischief 2. The Causes and Remedies 3. The Iustice of the Law of England which saies he some think defective herein 4. The capacity of this Court where the Remedy is best to be found 1. For the first when Revenge is extorted out of the Magistrates hands into private men presuming to give Laws to themselves It may grow from quarrels to banding so to trooping then to tumult and commotion from private persons to families and alliances and so to national quarrel and subject the State to inflamations and convulsions and herein Offences of presumption are the greatest and this to be done by the aurorae filii sons of the morning young men full of hope and towardness 2. The Causes no doubt a false imagination of honour and credit bewitching Duels Species falsa against Religion Law and virtue That men now adaies had lost the true Notion of fortitude and valor the one Fortitude distinguishing the grounds of quarrels whether they be just and worthy a mans life being to be sacrificed to honourable services good causes and Noble Adventures Expence of blood is as the expence of money not to be profuse in either upon vain occasion For the Remedies Four things may be effectual for repressing the depraved custome of Combates First The State to abolish it for then every particular person thinks himself thereby acquitted his reputation when he sees it an insult against Sovereign power Like unto the Edict of Charls the ninth of France against Duels That the King himself took upon him the honour of all
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
Man deserving to pay for all it being of his designing But the Treasurer was from thenceforth for some time trusted to Commissioners At Midsummer after the King comes to Star-Chamber then intending to settle his homea-ffairs for his resolved journey into Scotland which began the next Spring and therefore now the more to exalt the Seat of Iustice of which this Court was most eminent he discharges his duty to God and his people in a most excellent Discourse the character of his inward inclination to Iustice and Piety His MAIESTIES SPEECH at his first comming to the Star-Chamber He begins with Scripture Give thy Iudgements to the King O God and thy righteousness to the Kings Son the literal sense upon the Prophet David and his Son Solomon godly and wise the mystical sense upon God and Christ his eternal Son just and righteous from which imitation all Governments especially Monarchies have been established Kings are properly Iudges and sit in the Throne of God and thence all Iudgement is derived from the King to his Magistrates not to them Privative but Cumulative So the Council of Jethro to Moses the Iudges were deputed for easier questions the more profound left to Moses So all Christian Kings govern whereby appears the neer Conjunction God and the King upwards the King and his Iudges downward the King to settle the Law of God and his Iudges to interprete the Law of the King Thus a Jove principium he comes to his Errand I. Why he came not to speak here in fourteen years as his Predicessors have done often especially Henry 7. from whom the King is descended doubly to this Crown and so desires to follow him in his best actions 2. Why he comes now For the first Though he had been an old King when he came hither and well practised to Government from twelve years of age yet here he resolved with Pythagoras to keep silence for seven years That Apprenticeship ended the Impediment was the choice of some worthy Cause betwixt King and some Subject or Subject and Subject The one might seem partial as for himself the other oblique in favour of a party But twice seven years his whole Reign here brings him openly to speak now publickly concerning the reformation of Iudicature in Westminster-Hall which heretofore he had in part delivered in private occasions Dividing his Charge 1. To himself 2. To the Judges 3. To the Auditory First He protests that as Confirmation follows Baptism so now he renews his Oath of Coronation in Justice and Law the common Law of the Land He never pressed to alter but as in the union of his person so he eudeavoured it real to conform Scotland to England not this to that anent the prophecy of his Grandfather Henry 7. That the lesser Kingdom by marriage would follow the greater not the greater the less and therefore married his eldest Daughter Margaret to James the fourth the Kings great Grandfather And so blames that nice opinion that the Union of Great Brittain would alter our Laws which he ever declined as a Maxim in matters of State and Policy Innovation and alteration makes it worse that he was sworn to these Laws and to alter them had been perjury in him Iustice may be moderated by him with mercy but in matters of Iustice he will be blind to partiality to hasten Iustice never to delay He distinguishes the Law The Inheritance of King and Subject to be determined by the Common Law set down by our Forefathers and expounded by learned men in their Comments and called Responsa Prudentum or by Statute-Law and this is Law of Inheritance The other Law Gods Law governs all Common and Municipalls as Dependents and he complains of the neglect of Divine Laws and disrespect to the Ministers of the Church which is the most pure and neerest the primitive and Apostolical Church in doctrine and discipline of any in Christendome Next to this is the Civil Law the Law of Nations It satisfies strangers and his own subjects in matters of Pyracy Mariage Wills which Law he divides Civil and Canon and complains of the contempt upon it and concludes his own charge to maintain so to purge it from two corruptions Incertainty and Novelty to cleer it to the people by advice of Iudges and to purge it of Niceties introduced by Iudges themselves And so as the Pastor takes the Sacrament himself and then distributes so he to them least it be said Turpe est Doctori cum culpa redarguit ipsum The charge to the Iudges consists of three parts To do Iustice Generally Indifferently Fearfully Generally uprightly as to answer God and the King aud punishment from either Indifferently to all parties King and Subject Subject and Subject without delay partiallity clean and uncorrupt Fearfully Not your own conceits for you are no Law makers but Interpreters Jus dicere not Jus dare For you have no voice in Parliament but to advise And though some Laws are obscure and may be better known to you by Books and Presidents yet their interpretations must be subject to common sense and reason Ratio est anima Legis cleer Law or solid Reason But where the formality hath no place as in Denmark the State is governed by written Law no Advocate or Proctor only the parties plead and the Law is read and so sentence He complains of our curious wits Various conceipts different actions and several examples which breed questions in Law But if plain it speaks it self if otherwise as inventions abound they are to enterprete and draw a good Minor of natural Reason out of a Major of direct Law and so will follow a true Conclusion though common Law be a Mystery and your interpretation be not understood yet by the reason of Logick and common sense it will be false And as they are Iudges and divided into Benches so they must confer debate not single opinions per emendata suffragia and thus in generall to their Office And as to their Limits First Not to incroach upon Prerogatives of the Crown deal not in difficult questions ere you consult with the King and Council otherwise is to wound the King through the sides of a Private person and herein commends some of the Iudges that of late rebuked and blunted the sharp edge and vain popular honour of some Pleaders at the Bar for meddling therein The mystery of the Kings power is not lawful to be disputed which seems to wade into the weakness of Sovereigns diminishes the mystical reverence of them that sit in the Throne of God Secondly One Iudicature not to invade upon others unsit and unlawful and herein he inlarges himself That besides Common-Law there are Courts of Requests Admiralty President and Council of Wales of the North. High Commission and every Bishops Court These shall keep their limits and bounds so the common Law shall not encroach upon them nor they on that In Westminster-Hall four Courts Two Civil Common-Pleas and Exchequer Two
Criminal Kings Bench and Star-Chamber The Common-pleas is a Branch of the Kings Bench being first in one Court and after the Common-pleas being extracted it was so called as Pleas of private men The other the Exchequer for the Kings Revenue the principal institution thereof and their chief study and as other things come orderly thither so to administer justice Keep you within compass give me my right of private Prerogative I shall acquiesce as for the Prerogative of the Crown it is not for a Lawyers tongue nor lawful to be disputed It is Atheism to dispute what God can do his revealed Will ought to content us so is it contempt in a subject to dispute what a King can or cannot do the Law is his revealed Will. The Kings Bench is the principal Court for Criminal causes and in some respects it deals with Civil causes The Chancery a Court of Equity and deals likewise in Civil The Dispenser of the Kings Conscience following the intention of Law and Iustice not altering Law nor e converso It exceeds all Courts mixing Mercy with Iustice. Other Courts are onely for Law and where the strictness of Law might undo a subject there the Chancery tempers it with Equity and preserves men from destruction The Chancery is undependent of any other Court only under the King Teste me ipso from which no appeal yet am I bound so to maintain others as this not to suffer wrong My Chancelour that now is I found him Keeper of the Seal the same in substance with the other stile He is witness my warrant was to him to go on according to Presidents in time of best Kings and most learned Chancellours The duty of Iudges is to punish such as deprave the Kings Courts and therfore it was an inept Speech in Westminster-Hall to say that a Praemunire lay against the Court of Chancery yet it should not be boundless the King is to correct it and none else and therefore the King was abused in that attempt and now commands that none presume to sue a praemunire against it As all inundations are conceived Prodigious by Astrologers so overflowings of the banks of Iurisdiction is inconvenient and Prodigious to the State Let there be a concordance and musical accord amongst you keep to your Presidents authentick not controverted but approved by common usage of best Kings and most learned Iudges The Star-Chamber Court hath been shaken of late and last year had received a blow if not prevented by a few voices He descants on the name Star a glorious creature next in place to the Angels the Court glorious in substance compounded of four sorts of persons The first two Privy Counsellors and Judges wisdâ—m of State learning in Law The other two sorts Peers and Bishops to give Greatness and Honour to the Court the other of Learning in Divinity and the interest of the good Government of the Church So divine and humane Laws Experience and practice in Government are conjoined in the proceedings of this Court No Kingdom without a Court of Equity either by it self as in England or mixed in their Office that are Iudges of the Law as in Scotland and here in England where the Law determines not cleerly there the Chancery does having equity which belongs to no other Court punishing Attempts other Courts only facts and where the Law punishes facts lightly as in Riots or Combates the Star Chamber punishes in a higher degree as in Combinations Practises Conspiracies so being instituted for good give it the more honour Keep your Courts in harmony Iudges are Brethren the Courts Sisters the Muses to differ breeds contempt to either and disputes against each other turns pleas from Court to Court in circular Motion Ixions wheel the reason of Multitudes of Prohibitions causes are scourged from Court to Court like Tantalus fruit neer the Suiters Lip never to his Taste a delay of Iustice makes causes endless He tells them how he hath laboured to gather Articles an Index expurgatorius of Novelties crept into the Law look to Plowdens Cases and the old Responsa Prudentum if you find it not there then ab initio non fuit sic away withit To the Auditory he hath but little to say As he hath confirmed his Resolution to maintain his Oath the Law and Iustice of the Land So he expects their duty in observance of the Law and divides their submission into three parts First In general to give due reverence to the Law This general he devides also into three Not to sue but upon just cause Be content with Iudgement to acquiesce as he will do equal with theâ—â—eanest Subject Do not complain and importune the King against Iudgement It is better to maintain an unjust Dâ—cree than to question every judgement after Sentence as you come gaping for Iustice be satisfyed with the Iudgement but in Bribes complain boldly if not true from you expect Lex Talionis to accuse an upright Iudge deserves double punishment Secondly In your Pleas prâ—sume not against the Kings Prerogative or honour if you do the Iudges will punish you if they do not I will them and you Plead not new Puritanical strains to make all things popular keep the antient limits of pleas Thirdly change not your Courts as if to mistrust the justness of your cause but submit where you begin So he sums up all The charge to his Self Iudges and Auditory his excuse why he came not till now why now And because of his custome to deliver a charge to the Iudges of circuits He tells them now also As they are Iudges with him in that Court so Iudges under him and his Substitutes in circuits Itinerant to his people a laudable custome to go to the people in their Counties as they come up to them at Westminster-Hall That you go to punish as to prevent offences charge the Iustices of peace their duties take an accompt of them and report their Services to the King for the King hath two offices 1. To direct 2. To take an accompt from them to his Chancellour in writing and so to him Of these two parts the Nisi prius is profit for them and the other necessary for him therefore as Christ said Hoc agite yet illud non omittite and commends the office of Iustice of peace of high honour and repute They are of two sorts good and bad the good he will reward and prefer being as capable of his favour as any about him whomsoever the farther off in distance of place the more desert and his providence must reach to the end of his limits the good are industrious the bad idle contemplative Iustices are of no use And for the number as many hands make light work so too many make slight work As to the charge he will but repeat what he hath said heretofore Lectio lecta placet decies repetita placebit anent Recusants and Papists my greef when they increase there are three sorts of Recusants The first
by the Prince to see the Spanish Train safe at home and to bring back that good News to England This complement had more of business for he carried commands under the Princes hand to Bristol not to deliver the Procuration left in his charge till further Order from England upon the extremest peril to his person It seems the Prince was not then over-earnest in the Match Bristol bounded with this Restriction by which he foresaw the fraction having by agrement ten daies limitted after the Dispensation should come and so time to consider what to do for Clark having no order to return with any answer Bristols actions were by him narrowly observed and advice thereof sent home to the Prince by whose intelligence the jealousie upon Bristol was heightned to crimes almost to his after destruction The fifth of October lands the Prince at Portsmouth and the next day posts to London with unspeakable Love in the Peoples welcome and therefore expressed in feasting and Bonefires with little refreshment he hasteth to Royston the Kings usual abode for the air in Autumn who receiving the particular and just accompt of the Devices of Spain and communicated to the Council it was concluded to acquaint a Parliament with all the proceedings which was resolved with speed February following Then Letters were sent to the Earl of Bristol intimating the true sense in the King and his Council of the Spanish Forms and delaies which the Wisdom of the Prince by his own presence and conversation discovered most abusive But to meet in the jusling and yet to bring theirs to maturity He was to suspend the Proxie till Christmass though the Dispensation should come the power mentioned in the Procuration being no longer of force the Execution after that time would prove invalid and because the honour of England shall be preserved throughout he was to review his former Instructions concerning the Restitution of the Palatinate and his son-in-Son-in-Laws Electoral Dignity and to presse them as inherent with the Marriage But all these Items he was to reserve to himself without discovery untill the Dispensation should set those Demands on foot Bristol bound up by this Express durst not break out the least limits to discover his own dislike to his Overlookers Aston and Clark but in publick set out the Preparations of England in more expensive proportion than those Provisions of Spain for accomplishing so glorious a Marriage which put the Spaniard into a firm opinion how powerfully he had captivated the English credulity That the Ambassadour for Poland then at Madrid Seeing the Corrival of his Masters Son had got assurance of his Mistress took leave of his woing and went home with the Willow Garland For now the Dispensation come Bone-fires and Bells-jangling were signals through Spain of the mutual joy of Prince and people And few daies after the Marriage was prefixt with all possible preparations of State and Solemnity both for the present dependance and future reference even to the Ordering of her voyage to England in March after When in the interim fresh commands confirming the former by several Expresses for failing Bristol opens to King Philip his Masters resolutions That having with vast expence and inâ—inite patience expected the effects of his just desires with hazard of the Prince his Person to consummate his part in the Treaty that nothing might lodge upon the King of Englands honour so highly preserved with all Potâ—ntates of Europe and therefore unless the Restitution of the Palaâ—inate and the Electoral Dignity were included the Treaty of Mariage was 〈◊〉 to take end The King troubled to be over-reached and to see it without remedy fairly answered That those Demands were not in his power to effect the one unâ—â—â— the command of the Emperour the other in possession of the Duke of Bavaria and if those could not be reduced with reason he would with Arms asist the Kings part against them or others in that behalf And not long after the Spaniard taking it in earnest and Bristol having no motion to any further address had order in honour to the King of Spain to expect no more audience nor to send conveyance of any more Letters to the Infanta and by publick command none should call her hereafter Princess of England as in honor to the Match they had usually stiled her and Bristol prepared to return home The twelfth of February the Duke of Richmond dyed that morning being found dead by his Dutchess whom she left slumbering as she thought somewhat early when she arose and therefore forbore his disquiet until the late hour seemed necessary to call him up to the Parliament but gently withdrawing the Curtains he was found dead without the least Symptomes of any warning to shew distemper in his body This sudden amazement to all caused the King instantly to adjourn the meeting till the 19. day after Various conceipts were rumoured of his hasty end which according to the peoples fancies suffered several conjectures some attributing his death to an Apoplexie to a Surfeit to Poyson which served saies one as a forerunner to the King for he will have him impoisoned also The Parliament meet at the day assigned and the King greets them In effect thus That to justify himself and willingness with frequency to advise with his people He urges it by way of Parable in Christ and his Church so he saies as Husband to them his Spouse the effects of communion with Man and Wife is often visiting each other There being two waies of Love in a King and his people ordinary and particular administration of Iustice and by communicating with his Parliament For the first that his Government hath been without errour he cannot say but does truly avouch it before God and his Angels that never King governed with more pure sincere and uncorrupt heart from intention and meaning of Error or imperfection in his Reign The other part he imparts as a secret importance to his estate and children These waies as they procure love of his People and of them he acknowledges the effect whom the Parliament represents so he desires That they would effectually present the Peoples Loves to him as a true Mirrour not as a false Glass otherwise than it should be In a word he falls upon the Matter The match of his Sonne wherein they cannot but know his time spent his cost His Reasons Advancement of his Estate and Children and peace of Christendome depending too much upon fair hopes and promises with the necessary hazard of his Son to prosecute his desires in Spain and with him Buckingham to wait his Commands who are returned not with such effect as was desired nor altogether without profit For it took forth a point of Wisdome Qui versatur in universalibus c. is easily deceived the Generals affording others ways to evade and means to avoid effects The particulars too many for him to relate he refers them to the Prince
the Romans but they differ Servus with them was of Servando saving not of Serviendo of serving Our Apprentice comes of Apprenti the French Word a Raw Souldier or to learn or of the Latine apprehendo So then sir Tho. Smiths Repub. Angl. does them injury terming them Bondslaves Bondmens bodies were vested in the Lord interminable but only by Manumission and that by the Will of the Lord without any condition in behalf of the slave Servus with the Romans Nullum caput habuit and were reputed civiliter mortui servi pro nullis habiti There was a voluntary bondage de jure gentium as by the Romans a Man might sell himself ad participandum pretium And also de jure divino positivo So the Hebrews Bondmen Yet they had not jus in corpus they could not violate her chastity By our Law only two sorts of Bondmen villains in gross and vilains reguardant to Mannor A Master in London hath not despoticum imperium over his Apprentice but only quasi curaturam a Teacher ut Pater non Tyrannus immoderate Correction looses his Apprentice who is by Statute to be free from him 5. Eliz. But of late our City discipline had more need to be reduced to antient severity than to be abduced from it The final Cause of every Ordination quallifies the course and determines the Means and action tending to it though abstracting from that consideration the work wrought in the proper nature be servile as for a Souldier to dig or carry earth to a Rampire a Student to be bare or a Novice to do servile Offices and so an Apprentice to do does not extinguish Gentry and what ever he does as not sui juris yet he does nothing Servile but propter finem nobilem to God Country and Calling But Apprentices are so far from being bondmen that then they begin habere caput to be aliqui and by degrees to be free then of the Livery and by after degrees become Wardens Masters Common Council Aldermens Deputies Aldermen Sheriffs Lord Maiors And by further merit Counsellours to the King and Lord Treasurers of England and so if it be rashness to cast a scorn upon a renowned Corporation unjustly let it be iniquity to lay it upon London which in the Empire of Great Brittain amongst their other Cities Velut inter ignes Luna Minores And though the Schools and Camp are most proper for Honour and Arms yet the antient wisdome and bounty of Sovereigns left the Gates of honour open to City Arts and honest gain as fundamentals to common-wealths by example of rising Rome under her first Dictators and Consuls By which they avoided Tyrannical appropriation of Gentry to some certain old families as in Germany and the Confusion of allowing hereditary Nobleness or Gentry to none at all as in Turky c. And with us Cotes of Arms and Title of Gentlemen being the most familiar part of Honour Our Adversaries would overturn and tax our policies in that point which being once gotten and given by Merit or Favour cannot be lost or extinguished No man in England looseth his right to bearing Arms or Title of Gentleman unless attainted in Law Jura Sanguinum nullo jure civili devinci possunt Not to be aliened to another no more than to pass away any habit or quality of the Mind Virtue or Learning Queen Elizabeth was descended lineally from Sir Godfrey Bullen Lord Maior of London by Queen Anne Bullen her Mother Sir Martin Calthrope her Kinsman also and Lord Maior of London Citizens of London have been called Barons Hen. 3. Londinenses Quos propter Civitatis Dignitatem civium antiquitatem Barones consueuimus appelare London sends Kinghts and Citizens to the Parliament not Burgesses And sundry of our Sovereigns have daigned to be of their Freedome But the opinion of bondage and extinguishing birth-right of Gentry hath filled England with more Vices and sacrificed more bodies to odious ends and more souls to sinful life than perhaps any other uncivil opinion whatsoever Holding it better to rob than to labour though they dayly see that out of Our Apprenticeships rise such Ministers of Iustice as sit upon Malefactors when they a shame and sorrow to their Kindred undergo a fortune too unworthy the basest of Bondmen May not his Sons fall into the same fate by the Fathers prejudicate opinion So much in honour of truth not interest The Hollanders in these times rich and proud at home increased so mighty in power also in the East Indies that by insenseable Incroachments at first they went on to quarrel particular rights and interests in several places there for sole trading from the English And complaint being sent hither by the Governours of our Factories there A Treaty was demanded by the King and accordingly Commissioners appointed to dispute their differences in London 1613. The next Treaty was at the Hague 1615. The last was at London 1619. And by Amnesty then a Solemn Composition of all differences and Orders were concluded for the future between us and them And in regard of their bloodshed and vast expence in reducing the Trade of the Islands Molucca Banda and Amboyna from the Spaniards and Portugals and their buildings and Forts therefore the Hollanders should enjoy two thirds and the English the other third and the charge of the Forts to be levyed by Taxes and Impositions upon the Merchandize and so were settled in those places The Island of Amboyna lies neer Seran about fourty Leagues in compass and hath relation to other Factories the chief Town called also as the Island Amboyna the Rendevouz for the gatheing and buying of Cloves the chief Commodity the smaller Factories are Hâ—â—â—o Larica Loho and Cambello The Hollanders Forts there are four strong and well manned with two hundred Dutch Souldiers and a Company of free Burgers four hundred Mardikers or free Natives so called And here the English lived in the Town and under protection of the Castle in an House of their own During two years the Dutch very cunningly wasted too much upon their Fortifications and Garrisons and yet drew their Account so chargeable to the English that instead of the third part they contributed two thirds and their complaints were examined by the Counsel of Defence of both Nations residing in Jaccatra in the Island Java Major and they disagreeing the differences were to be sent home to be decided herein by both Companies or by the King and their States according to an Article 1619. But disputes breed delay here and increased jealousies there and in February One thousand six hundred and twenty two A Japoner Souldier discoursing with a Dutch Centinel of the Strength of the Castle was suspected and tortured and confessed sundry of his Countrey-men contrivers with him of surprizing the Castle who were also tortured and one Price an Englishman and Prisoner with them who also accused others of the Factories Captain Towerson Tomson Beomont Collins Webber Ramsey Johnson Farde and Brown and these