buried in the Abby This end had Henry Stuart 18. Moneths a King He was a Prince of high extract by Father and Mother His Character sans-parel comely tall ingenious and liberal fitted for all Excellencies of mind and body if time had lent him experience He had a quick wit and writ well and because he was a King Covert-barn and meddled the less he had the more leisure to hunt and hawk and ride great Horses and therein the Mastery His vices were thereafter Greatness and Ease made him feed high and those brought him to Incontinency though the Queen was beautiful and young enough for a Princess Such neglects of his by the Designs of others hastened his ruine who took boldness thereby to work their own ends without the least Guilt of the Queen This is the report of some yet others give as a Story For the Ministers in hate to the Queen who truly it appears did much for them in the case of Policy and their immerits tells us that by Bothwels direction Sir Iames and Gilbert Balfores Chalmers Spency Sebastian Iohn de Bourdeaux and Ioseph brother to Rizio Domestiques of the Queen and Strangers of all Nations were the men that were Actors in the Murther Bothwell being in hope to succeed him in case the Divorce from his Wife should come timely from the Pope which his hast could not stay for and easie enough it was to infuse this into honest Lenox who supplicates the Queen for tryal of Bothwell by Assize before the Earl of Caithness President the Earl Cassiles and other Peers fourteen in all who cleered Bothwel and this was dispatched for satisfaction of the Commissioners of the Christned Prince and their Soveraigns But Bothwell follows the Queen in her visit of the Prince at Sterlin from whence he carries her to Dunbar and for which violence he gets a general pardon and so includes that of the King if it should farther burst out There was no let to the Queens affection but Bothwels Wife from whom he was soon divorced and both content for She made the first hasty second mariage with the Earl of Sunderland and he after the banes publiquely asked by Crage the Minister was married to the Q. May 15. 1567. Mala nubunt Mense Maio by the Bishop of Orkenay And truly compare all those which have writ of this Queen several Authors and in several Languages for all are partial we may yet pick out truth concerning her Husbands and her hasty mariages in their proper stories That Morton and Murray and many others besides plotted the Murther of the late King upon Malice Ambition and Revenge Each of them by several Interests But Bothwell got the best Bone and they their Bones Indeed they also herein murthered the honour of their Mistress for she seemed a Property whirled about with every wind which they sailed by Buchanan speaks much of this matter in a worser way and payes the Queen to the Purpose in his History as also in his Pamphlet The Detection Both which were condemned in Parliament and of them both he repented Wishing that his blood might expiate those his Falsities and Impieties Udal hath more of it in her excuse and if not partial take him who afterwards writ to K. Iames. Or if you please take our relation who write the neerest of truth than can be gathered and thus it was Sir Roger Aston an English-man and preferred in Court by the Earl of Dunbar lodging in the Kings Chamber that night of his Murther Both of them smelt the fire of a Match which caused them hastily to leap out of their Beds and out at a window into the Garden the King had his Sword in his hand and suspecting Treason as also hazard of the young Prince hastily commanded Aston to speed thither and prevent his danger whilst himself single was seized upon by divers and wounded to death and so left in the Garden and to colour it the House was blown up with Gun-powder but the Kings body not scorched by any fire was viewed and found to be slain by such as so ordered the secrecy as not in those daies to be divulged And this Tale was told by Aston himself since he came into England with K. Iames. But that I may unfold the Mistery of these late Murthers and how the Queen was involved into future suspition by her hasty Mariages I shall open Murrays subtilty to be the chief Author and Actor in all The slaughter of Rizio not long ago gave security in that time of distraction at Court for Murray boldly to appear before the Commissioners upon his Indictment of Rebellion the very next day after the Tumult and so no Accusation came against him the Murther being hastned for that purpose The Queen therefore through the Kings intercession receives him her self in such Distraction conceived it the safest way to depend on his Brotherly base Counsel The King very sensible of his own Accessary in Rizio's death and deluded by the Cunning contrivance of Morton and Murray His youth and easiness of belief giving way Now repents of that rashness implores the Queens clemency and ingenuously reveals to her the Villany of them all with resolution to be revenged And seeing the Bastards power and interest in Affairs of State equal if not before His advises with others to remove him farther off Murray hath intelligence of all and under shadow of outward duty thought of nothing more than to ruin him Of which he acquaints Morton by Message into England who was conveyed thither upon Rizio's murder Some difference between the King and Queen gave the advantage for by their former villany they animate him to strain upon the Rights of Soveraignty to his face which covertly they opposed to the Queen and alwaies after he had done a miss to leave him in the lurch And finding the good nature of the King likely to comply into affection with the Queen and to be reconciled together To prevent them Murray draws in Bothwel to the Confederacy with these murtherers who though fled acted in all Councils And so Bothwel must be reconciled to Murray and brought into grace with the Queen Contracting under hands and seals and bound with Oaths That the King being laid aside he advanced the Queen distrusted by the Peers and so the rule of Regency in Murray Upon this Conspiracy the Bastard conveys himself slyly out of the way but twelve hours before the King was murthered and in hurray of affairs returns to Court and altogether they advise nay compel or threaten the Poor Queen to mary Bothwell who they present as nobly born bold and faithful to the State against all assaults of the English to prevent the Tumults of the time and hazard to all If not they would purchase their own security by any otherwaies how prejudicial soever to her safety which at last she was forced to consent unto And this Relation was confirmed under the
Princes not being so ready in these days to embrace other mens Quarrels but where they are extraordinarily interessed in their own fortunes Wherefore I doubt not but it will be seen by men of judgment not transported with passion or led away with private respects that it should be every way the onely best course for your Sovereign by a good and kinde usage of Her Majesty and by shewing that Princely moderation as well in this grievous Accident of his Mothers death as his whole proceeding with this Realm which his Highness excellent Education seems to promise to seek to win the hearty good wills of this Nation as the chief and principal assurance he can in any sort obtain For to trust and depend either upon the French King or the K. of Spain as if by their assistance he might attain to the present possession of this Crown they being indeed the only two Potentates whom he must have recourse unto if he reject the amity of England whosoever shall so counsel your Sovereign as things now stand shall in the judgment of men of the best understanding be blamed either of fidelity or want of wisdom drawing his Majesty unto so untoward and desperate a course For it is no way safe for any Prince to repose his trust and strength upon their favour and assistance to whose desires and designs his greatness may yield any impeachment or hindrance so it were clearly against common reason to expect other support and assistance from them than might stand with their own commodities and pretensions in respect whereof neither of the two foresaid Kings can simply and roundly joyn with his Sovereign to his good First his Religion being odious to them both and likely to prove most prejudicial to the Catholick Cause he growing so great as he should be made by the union of the two Crowns the consideration whereof caused his Mothers affairs to stick a long time and made now in the end to leave him quite out of the reckoning ordaining the King of Spain her Heir if her Son became not Catholick Next it is meerly repugnant to the policy of France were it but in respect of the ancient claim which England maketh to that Crown to suffer the uniting of this Island under one Prince They have been content in former times when England had footing in France to serve themselves of your Nation therewith to annoy this Realm by the means of diverting or dividing the Forces thereof and so perhaps the Politicks of France can be content to wish at this day by your Sovereigns Quarrel or any such like to be eased of the burthen and miseries of the present War wherewith they are plagued by transporting the same into this Island But as this Realm hath good means to prevent the miâ—chief if it were intended so were your Sovereign to look when all were done but to be made an Instrument as his Predecessors have been of the effusion of much Scotish bloud for French Quarrels and the desolation of that Realm And as things stand presently in France it is not to be thought that you shall finde the King ready to hearken unto any Enterprise of this Land He being most desirous to live in peace both with his Neighbours abroad and with his Subjects at home but that he hath been forced full sore against his will by the practice of them of the House of Guise to countenance with his authority the Civil War raised in that Realm which maketh him what ever shew he hath to shadow out the contrary to hate them in his heart Neither would it be held sound counsel to be given him by any that depends upon his fortune to further the advancement of a King of Scots so nearly allied to that Family which he hath discovered and greatly feareth to level at his own Crown with any intention to depose him which by the greatness of a King of Scots they should be so much the sooner and better able to effect The King of Spain's assistance being now in War with this Realm were more likely to be obtained but far more dangerous to be used in respect of his most insatiable ambition deep practices and power accompanied in this case with a colour of Right wherein how far he would seek to prevail any opportunity or advantage being offered it may be justly doubted by the experience that sundry States have had which upon slender grounds of Title have been extorted and wrung from the true Inheritors and annexed to his own Kingdom as Navar Portugal and all that he possesseth in Italy hath been It is believed that the King of Spain considering his years and unsettled Estate every way would willingly incline to peace if it were offered with reasonable conditions and not over readily at this present imbarque himself in any new Enterprise But otherwise it is well known as he had fancied to Himself the Empire of all this part of Europe so he had an eye to this Realm ever since he was King in Right of his Wife The Conquest was intended under colour of Religion as it was discovered by some that were of his Privy Council at that time his pretension to be Heir of the House of Lancaster and since the late Queen of Scots Death the first Catholick Prince of the Bloud Royal of England as also the Donation of this Crown made to him by the Queen of Scots in her Letters with a promise to confirm it by Testament things blazed abroad by the Spanish Ambassadour at Paris ought to breed jealousies and suspitions in your Sovereigns head and give him true cause to think how he should be used at such an Assistants hand Auxiliary Forces have ever been reputed dangerous if they either in number or policy were superior to them that called them in The Assistance therefore of Spain and France being of this nature as your Sovereign hath need of neither so he shall do well to forbear them both and so shall it be well for his ease It may be some will pretend by change of his Religion your Sovereign shall better his condition in regard of these forein Princes besides a great party within this Realm that thereby shall be drawn wholly to depend upon his fortune but the poor distressed estate of Don Antonio being a Catholick Prince spoiled by a Catholick and receiving so little succour at Catholick Princes hands shall be a sufficient bar to all that can be said in that behalf As for the Catholick party in England in his Mothers life it was never so united as they drew all in one line much less will they be brought suddenly to rely upon him if he should alter his Religion as God defend which would be his utter discredit and overthrow both with the one and the other party neither having cause to repose confidence in him the Protestants because he had renounced the Religion wherein he was with great care brought up The Papists because they could not be
ranged them in some Order and sailed towards Graveling but no Parma appearing the English small Ships swift and sure chaced divers of them and sunck the great Gallions of Biscay Two others of Portugall torn and tottered fell upon Flanders and were taken by the Dutch The General returned Soutward with such of his Ships best provided and arrived safe at Biscay in Spain The rest of the Fleet taking the Sea Northwards in distress for Water and hindered with wind ignorant also of those Seas and shoulds that above 40. sayl were cast away on the Coasts of Scotland the Isles Orkneys and so round again Southward between England and Ireland As the great Ship of Florence fell upon the West of Scotland fired by the High-Landers And of all the Numbers of Ships aforesaid onely fifty five came safe to Spain there were lost thirteen thousand five hundred Men and Mariners and as themselves say not a family of repute in all Spain but suffered the loss of some kinsman and in this fray but one English Ship and one hundred men in all missing So that what the Spaniard provided in four year was thus far ruined in four Weeks to the glory of God and everlasting comfort of Great Britain The King on his part first at Court and afterwards through all his Kingdom gave publique thanks to God for this good riddance of so formidable an Enemy Whether the Astrologers were in the right or wrong that foretold of Wonders to happen this year and ment the success glorious to Spain or whether the wonder was that they should be sunck in the Sea as they were certainly they writ of this and the succeeding years full of fatallity as in France it fell out more fearful But for the Western Isles we felt none at all and yet the effects were threatned by them upon all of us The Scots Catholiques were much amazed at this event who Parma comforted with Letters Intimating the loss not great which should been the next Summer by a fresh Fleet prepared before to succour these which now joining will soon make good all the defects of the former Robert Bruce brought this news to Huntley to be communicated unto the rest of that faction and some money was sent amongst them but because Huntleys share was not parted proportionable to his desire and desert he grew cold in the cause and in some discontent the King took the advantage and advised him to subscribe the Confession of Faith and so was reconciled to the Church and neglected by the other ever after But he was put upon it to satisfy the Prince of Parma and by letter That after the escape of Semple as aforesaid he was so beset by the Kings jealousies upon all his actions that either he ought to yield or to depart or to have taken up forces to secure himself which he was not then able to do all hopes failing with the evil hap of the Spaniards But what had evil effect he should endeavour to recover by some good service for advance of the Catholique Cause However God had put him in such good credit with the King as that he hath altered his Guards and added of his own friends by whom he hopes to be assured and at convenient time to be Master of the King And so when the promised support shall arrive he should be able to spoyl the Heretiques and make sure for the Catholiques Besought him to be perswaded of his unchangeable affection though in outward shew he was forced to accomodate himself with the present time January 1589. Edenburgh Another such like was sent over from the Earl of Arrol whom Hay the Iesuit had seduced That since his Conversion he was obliged to advance the Catholique faith and that Religion the greatest and most important cause in the world being now joined to another civil consideration of great affinity to the affairs at Home He was therefore the more intirely obliged to his Catholique Majesty and that in Scotland His Highness had not a more affectionate Servant than ARROL And at the very same time other letters were sent by Huntley Crawford and Morton so did Maxwell stile himself in prison to the King of Spain when after their great regret for the mischance of the Navy they assure that if it had visited them it should not have found resistance in Scotland and with their Support have assisted sufficient against England The blame of all they lodged upon the English Catholiques refugers in Spain who in enmity to others did too much magnifie their own as best able to do all And therefore prayed his Majesty not to over-countenance the one to other neglect but that the ends of all should aim at one And then remitting to the advise and Declaration of some of his own Subjects lately returned from hence for several Commodious advantages how and where to land an Army in Scotland they proposed that with six thousand Spanish and money to levy as many more they might within six hours arrival be well advanced in England to assist the forces that he should send thither They advise him not to make Armies by Sea but to assign some of his forces to Scotland others by the West of Ireland towards England and so the forces divided part at Sea others in Scotland the enemy should be amused therewith referring much more to the bearer Collonel Semples relation The Jesuits of Spain tyred out of their plots and designs against England resolved to work out their way by Sedition in Scotland undermining the affections of any discontented parties and so being put in muteny they might easily restore their decaying Romistry Industry and Secrecy would bring it about To that end were imployed Bruce the old Lieger Jesuit with Creighton and Hay his former Comrades to perswade Huntly bastard son of Iohn the Prior of Coldingham son of Iames the fifth King of Scotland with Arroll Crawford and Bothwell to force the King from the Chancellor and Treasureshands and no difficulty to induce the people to resent their actions supposing the King to be weary of such power about him as reduced him to their dispose The Faction of the English flesht with his Mothers death in time would do so by him and his Friends and no doubt these sufferings would soon justifie their rising to rescue him and the Realm from ruin and no mention being made of Religion the Country would be more calm to resist their enterprize The meeting must be between Lieth and Edenburgh and so to Edenburgh to settle themselves at Court about the King kill the two Counsellers Bothwel aboade at Crichton and kept about him some Souldiers whom he had seduced Crawford and Arrol with their Friends came to the Ferry Montross stay'd six miles off But Huntley came through and the evening of the appointed time assisted by Kinfawnes brother to Crawford and some of Arrolls servants these filling the presence find the Chancellour with the
Kings to the Commons in Parliament and they to joyn with the Peers from whence it became the wisdom of Princes how to mannage this Government and to maintain this Form Lest some of this Body knit under one Head should swell and grow monstrous And Monarchy may sooner groan under the weight of Aristocracy as it often did than under Democracy which till now it never felt nor feared The Actions of which singly are inconsiderable after many Conjunctions grow at last into one great perfecting power or into Destroying Factions like smaller Brooks falling into some Main River The Parliament of England of long time and at this present was come to be a Convention of the Estates of the Kingdom assembled by the King of Bishops Peers and Peoples Commissioners They sat in two Senate-Houses or Chambers named a Higher and a Lower The Higher called also the House of Peers the Bishops and Peers viz. Dukes Marquesses Earls and Barons sit together with whom sit the Judges of the law for their advice not voice The Lower House called also the House of Commons is constituted of Knights of the Shire two Elected of every Shire and of Cities and Incorporations one or more Burgesses The day and place of Assembly is appointed by the King and adjourned removed elsewhere and dissolved at his pleasure The Lords or Peers are called by writs transmitted to them under the Kings hand The Commons by the Kings writ out of Chancery The writ to the Peers runs thus James by the Grace of God c. To the most reverend father in Christ so he stiles the Bishops Cousin if he speaks to the Peers for as much as by the advice of our Council upon some diffident and urgent affairs us and the State and defence of our Kingdom of England and the Church of England concernant We have ordained that our Parliament be held at c. there to consult and Treat with you and the rest of the Prelates Nobles and Heads of our said Kingdom of England We strictly charge and command you on your faith and love if to the Bishops by your fealty and Alleagance if to the Peers wherein you stand bound to us that considering the difficulty of the said affairs and the dangers iminent laying aside whatsoever excuse you be personally present on the said day and place with us and the rest of the Prelates Nobles and Heads to treat and give your advice touching the said affairs and this as you tender us and our Honour and the safety of our said Kingdom and Holy-Church and dispatch of the said affairs may you in no wise omit if he writes to the Bishops to warn the Dean and Chapiter of your Church and the whole Clergie of your Diocess that the same Dean and Arch-Deacons in their proper persons and the said Chapiter by one and the same Clergie by two sufficient substitutes having plenary and sufficient power from the said Chapiter and Clergy be personally present on the said day and place to consent to these things which then and there by the favor of the divine Clemencie shall happen to be ordained by the Common advice of our Kingdom Witness ourselves c. The other writ to the Sheriffs and Mayors of the Cities and Corporations is thus The King to the Sheriff Greeting For as much by the advice and consent of our Council and so goes on as above and there to confer and treat with the Prelates Peers and Heads of our Kingdom We strictly charge and command you that by proclamation made in your Shire upon the receipt of our writ you cause two Knights with swords by their sides the most sufficient and discreet of the Shire and of every City of that County two Citizens and of every Borough two Burgesses of the most discreet and sufficient to be freely and indifferently chosen by such as shall be present at the Proclamation according to the form of the Statutes on that behalf set forth and provided And the Names of the said Knights Citizens and Burgesses to be inserted in certain Indentures to be drawn between you and them that shall be present as such Elections whether the persons so chosen be present or absent And then to come at the same day and place so that the said Knights have full and sufficient power for themselves and the Communalty of the said Shire and the said Citizens and Burgesses for themselves and the Communities of the Cities Boroughs respectively from the same to do and consent to such things as then and there shall happen by Gods assistance to be ordained by the commune advice of our Kingdom concerning the affairs offered so that by your neglect therein the said affairs in any case remain not undone Notwithstanding we will not that you or any other Sheriff of our Kingdom be chosen At the day and place they meet at the Church first then at the Parliament-Houses orderly in their Robes with solemn gate such as might increase in the people the authority of their siting Then the King enters the Upper-House and either in his own person or by the mouth of his Chancellor declares the weighty causes of their Assembling in Contemplation whereof he desires their advice to communicate their Counsels in doubtfull matters most certain That himself be present at these consultations needs not but only as oft as he sees good There is no necessity after this unless in the end of the Session to add the strength and force of Laws to their results The Knights Citizens and Burgesses in the Lower-House are Man by Man called forth by their Names by some one delegated by the King and each is made to take the Oath of Alleageance heretofore was this I will keep true faith and Alleageance to James by the grace of God c. King His Heirs and successors Him and them I will defend to my utmost strength and with the hazard of my life and fortunes against all conspiracies and attempts against his Person Crown and Dignity And lest any should dream of a Consortship in Government there was superadded the Oath of Supremacy in these words I A. B. do utterly testifie and declare in my conscience that the Kings Highness is the onely Supreme Governour of this Realm and all other his Highness Dominions and Countreys as well in all Spiritual and Ecclesiastical things or causes as Temporal and that no forein Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce and forsake all forein Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall â—ear Faith and true Alleageance to the Kings Highness his Heirs and lawfull Successors and to my power shall assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and
to turn Martial his Apostrophe upon me Tu male jam recitas incipit esse tuus And first he discovers his real constitution and thankfulness in three Forms and Reasons of his Convention of them In the first he renders to them the Representatives of his People his Princely thanks for their affection in receiving him in his Right to the Crown The other two he describes by the effect of his Actions and shews them the blessing of his Person in their outward Peace with his Neighbours with whom he found this State imbroiled Secondly Peace within issuing not onely by his lineal descent from Henry 7. in the union of the two Houses of Lancaster and York but also the union of these two Kingdoms illustrated in the conformities of Religion Language and Manners in their security of salvation encompassed with a Wall of Water and therefore Quae Deus conjunxit nemo separet And he being the Husband Head and Shepherd advises them to a joyfull Union by comparison of this blessing in the Union of the petty Principalities heretofore of this Nation into one Kingdom as also the composure of divers Duchies in the entire Monarchy of France those being happy though conjoyned by the Spear of Bellona but we the greater blessing being bound up by the Wedding-Ring of Astrea having an appearance of perpetuity in the blessing of hâ—s hopefull Issue and his profession of true Religion which he distinguishes from the Catholick Papist and also from another Sect rather than a Religion which he calls a Puritan Novellist differing from Truth in a confused Form of policy and parity insufferable He acknowledgeth the Roman-Church to be our Mother-Church defiled with some Infirmities as the Iews Church before Christ Crucified But as not wishing a sick man dead but his body to be purged Excusable in the Laicks either as well minded subjects inured thereto by birth and custom of Age or young by evil Education and therefore not to punish their Bodies for the Errors of their Mindes As for their Clericks their doctrine and practice insufferable The Arrogancie of the Popes Supremacie in the One and Murthering Kings in the other Otherwise he doth reverence Antiquity in the points of Ecclesiasticall Policie and so cleers himself from Heresie in Faith or Schism in Government But with this Caution to all as he is a friend to their Persons so an Enemy to their Errors Advising the Bishops by their Exemplary Life to convince the others doctrine The third Reason of calling this Parliament in the action of his thankfullness is first in making Some Laws by preserving the weal of the Kingdom and in discretion of not making too many because In corruptissima Republica plurimae Leges Secondly in execution of them by the Iudges and Magistrates whom he advises not to utter their affections in that Office of Hate to a Foe or Love to a Friend fear to offend the Great or pitty to the misery of the meaner but to be blind in distinction of Persons Handless for bribes and therefore describes them three principall qualities Knowledge to discern Courage and Sincerity to execute And thus having told them the three causes tending only to his thankfullness but in divers forms The first by Word the Other by Actions he concludes himself to be Inutilis servus His felicity consistâ—ng in their prosperity and gives them his Apologie for three things expected from him by so many advancement of Honor preferment of credit and reward in Land In all he hath been reasonable and honorable for refreshing some persons that were Members of a Multitude and if his infirmity hath exceeded He blames the Importunity of Suters which experience time and labour shall recover to teach his Subjects not to crave nor he to grant The Parliament unused to Princely Eloquence and Learning withall contracted their dutyfull affections to his Eminent virtues and willingly understood the Kings ayme to unite also the two Kingdomes which was soon put forward by proclamation of his Title of Great Britain our coins all Ensignes of honor quartering this Conjunction of crosses Red cross for England and Saint Andrews white for Scotland And the Parliament by act Commissionate eight Lords and twenty Commons to treat with other Commissioners Scotchmen for the honour and profit of both Nations The King thus far setled with his Parliament and people not without wonder of all our Neighbour Nations having lain at watch for conveniencie and honor to piece with so potent a Prince the advantages alike to either They came almost together The Constable of Castile from Spain and another from the Arch-Duke Rory Duke of Solia from France to treat of Peace Barnevelt from the Netherlands Solia was a gallant Man an excellent Courtier as they are all His business needed no other policy of State but to congratulate the Kings peacable and happy Possession for they had a Leiger in Scotland that came in with the King But the other two were Enemies and were to treat for establishing a firm Peace which was granted and do doubt they might make up of their Masters bounty to be so soon dispatcht for France mightily opposed and with little cunning of our Counsel the Spaniards dealt their golden Pistols to hit the mark And as they lay equally ready so their desires for Convoy hither came together and had order accordingly Sir Robert Mansell Vice-Admiral for the Narrow-Seas attended at Graveling for the Spaniard And his Vice-Admiral of the Fleet Sir Ierom Turner at Calais for the French who coming first disputed the choice and desired the Admirals ship but being told that he was commanded by Commission for the Other Monsieur in much disdain put himself in the French Passage-boat and in a brave bore his flag on the Top. Mansel commands Turner to shoot a warning and after to hit who took in his flag but complained at Court where his faction was powerfull yet the Justice and honor of that old Custom and Authority maintains his Act against them all being in himself besides a gallant brave Commander The Puritan was much troubled to be ranked with the Papist in the Kings Parliament Speech and to be termed so and somewhat they said too saucy and therfore were to expect more cause to chaw the cud for the King proclames all Conformity to the form of Gods Service established in Doctrine and Discipline to Gods Word and the Primitive Church that the Conference of late at Hampton Court concluded no cause of alteration notwithstanding the fiery pretended Zelots renewed the Question in Parliament and had been satisfied by the Kings Speeches and otherwise that particular and personal abuses are remediable other ways than by general alteration That all shall conform and have warning till the last of November next oâ— otherwise to dispose of themselves or Families to other meet persons in their places July 1604. These men were now stark mad and intelligence hereof they send to their dear
that of fame for his Mother what she had been and where interred enough hath been said but not sufficient for him to do untill he had removed her Corps from Peterborough where she had been buried and brought her with all solemn magnificence into a statelier Tomb at Westminster which could not well become his Predecessor to admit though perhaps repenting the stain of her honour and sex in the Act of her execution but left it a piaculous Act no doubt for her own son to perform who yet in this has his bane from the Author that for all his anger at her death his clamour was closed up with a large Pension from Queen Elizabeth and Patrick Grey his Ambassadour to implore for his Mothers life is now belyed in his grave as the greatest Instrument to hasten her death with a Label in his mouth of the writers own devising Mortua non Mordet The King mindefull of matching his only daughter the Princess Elizabeth had made several overtures the year before amongst the Protestant Princes of Germany And for the better fixed upon Frederick Prince Elector Palatine who at this time came hither to consummate the Marriage But in the middest of his wooing he was accompanied with mourning by the death of Prince Henry Of him somewhat more must be said Not that his Excellent merits needs other Memory than publick fame and of us silence of the grave Yet we must ravel into his disease ere we come to vindicate his death which an Author basely labors to lode his father with that by impoysoning Prince Henry was born at Sterling Castle in Scotland February 1594. the first son to King Iames Queen Anne His breeding apted his excellent inclination to all exercises of Honour and Arts of knowledg which gave him fame the most exquisite hopefull Prince in Christendoâ— In the nineteenth year of his age appeared the first symptome of change from a full round face pleasant disposition to be paler and sharp more sad and retyred often complaining of a giddy heavyness in his fore head which was somewhat eased by usual bleeding at the Nose and that suddenly stopping was his first distemper He retyred to his Palace â—â— Richmond pleasantly seated by the River Thames thoughnow destroyed into rubbish which invited him to learn to swim in the Evening after a full supper the first immediate pernicious cause of stopping that gentle flux of bloud and so putrifying might ingender his fatal Feaver He used violent exercises for at this time he rode to meet the King at Bever in Lincolnshire in two days near a hundred miles in extremity of Summer There and at other places all that progress he accustomed to feasting Hunting Balloon and Tennis with too much violence And now returned to Richmond in the fall of the leaf he complained afresh of the pain in his head inclining to feverish and then for the rareness thereof called the new disease The tenth of October he took his Chamber and began Counsel with his Physician Doctor Hammond three days after he fell into a Looseness fifteen times in a day Then removes to London to Saint Iames his Palace contrary to all advice allowing himself too much liberty in a great match at Tennis in his shirt with the Palsgrave and Count Henry of Nassaw lately come over upon fame to see him And on Sunday the 25. of October fell into sudden sickness fainting with heat and head-ach that left him not whilst he had life takes his bed in great drought and little rest The next day increasing high Pulse ill Urine Doctor Mayern prescribes him a Glister after which he rose and very cheary but lookt Pale dead sunk eyes and great drought and therefore Mayern and Nasmith advised to let him bloud but the other Physicians disagreeing it was unhappily deferred The fourth day of his sickness comes Doctor Butler that famous Man of Cambridge he approved of what had been done consented to what should be given to him and hopes of Recovery This Evening two Hours after sun set appeared a Lunar Rainbow directly over the House which was held Ominous The six and seven days increasing his Disease The eighth the Physicians bleed the Median of his right Arm eight ounces thin and putrid after which he found ease and was visited by the King Queen Duke Palsegrave and Sister The ninth worse than before Doctor Atkins assisted their opinions That his disease was a Corrupt putrid fever seated under the Liver in the first passage the Malignity by reason of the putrefaction in the highest degree was venemous The tenth increasing Convulsions and Feavers Mayern advised more bleeding but the rest would not applying Picheons and Cupping-Glasses to mitigate the pain The eleventh small hopes His â—â—aplains continuing daily devotions with him the Arch-Bishop of Canterbury and Doctor Melburn Dean of Rochâ—ster with whom the Prince daily prayed The twelfth no hope The King with excessive grief removes to Kensington house All imaginable helps Cordialls Diaphoretick and quintessential spirits and a water from Sir Walter Ralegh in the Tower all these by consent administred without And so he died at eight a clock that night Fryday the sixth of November 1612. The Corps laid out the fairest dearest and well proportioned without any spot or blemish The next day solemnly appointed for Imbowelling the Corps in presence of some of the Council all Physicians Chirurgions Apothecary and the Palsgraves Physician And here followes the very Coppy of their view under their Hands The Skinn blackish but no way spotted with blackness or pale marks much less purpled like flee bites could shew any Contagion or pestilentiall venome His kidnies Hips and Thighs full of redness his Belly because his continual lying upon his back swollen The Stomack whole and handsome without any taint The Liver marked with small spots above and small lines below The Gall-Bladder full of wind The Spleen blackish fil'd with black blood The Kidnies without blemmish The Midrife under the Film or Membrance containing the Heart spotted with black redish colour by reason of brusing The Lungs blackish with spots full of adust blood corrupt and thick they concluded an extream heat the Throat and Tongue covered with blackness which was clest and dry The hinder Veins Piamater swoln aboundance of blood more than naturall The substance of the brain fair and clear the other parts by reason of the convulsions resounding benumings and of fullness choaking the Natural heat and destroying the Vitalls by their Malignity have conveyed him to the Grave without any toaken or accident of poyson In quorum fidem presentem relationem manu propria subsignavimus septimo die Novembris Mayern Atkins Hamond Palmer Gifford Butler It is added that his admirable patience in his sickness might deceive his Physicians never dreaming danger His Urine shew'd none but the state of his grief lay closely rooted in his head He dyed in the rage of a Malicious Extraordinary burning
truly intended by God to be given unto them in such sort as his Word and Promises do outwardly sound 4. It is consequent upon the former that the work of Redemption in respect of Christ his Oblation and intention therein is common to all mankind although many by reason of their impediments do not actually receive them Now this resolution of Our Divines accordeth with the Articles and Doctrine of the Church of England but none of the Foreign Divines of that Synod were of the same opinion for they restrain this Redemption of Christ both in application and Gods intentional offer meerly and only to the Elect. The Belgicke Confession is wholly confirmed by the Synod of Dort as appeareth in the Book of the Synod pag. 329. But the 30 31 and 32. Articles of this Confession teach That the Presbyterian Discipline is of Divine institution and that all Ministers have equal Authority and Iurisdiction and consequently condemn Episcopal Government and the Ecclesiastical Policy of Our and all other Churches which imbrace not Calvins Plate-form of Lay-Elders The antient custome of convocating Synods or meeting of Divines for compâ—sing Differences in Religion and Reformation of corrupted Discipline was from the very four Apostles meeting at Ierusalem concerning the Gentiles observing Moses Law and from that example in a Province or City the Primitive Bishops assembled at several times for 200 years then following The peace and unity of the Church in CONSTANTINE gave ease for many Churches to communicate over the whole Empire and was called in his time The Holy Synod and not long after The General and Oecumenical Council though the Empire was divided Eastern and Western and afterwards amongst the Graecians from the Assembly of the five Patriarchs And in those Kingdomes from the Unity of States obedient to the Pope in Ecclesiastical causes which till the fifteenth Century of years so continued quiet unless in that of Iohn Husse and Ierome of Prague from the Doctrines of Iohn Wickliff in England In the time of Richard the second King of England who maried Ann the Daughter to Wincelaus King of Boheme And though he had no issue by her yet the conversion of Boheme from Popery may not unfitly be stiled the issue of her Mariage for they that brought her hither carried over Wickliffs Works anno 1382. to John aud Jerome So then England was Grandfather of Reformation Boheme the Father and Germany the Son Their Doctrines were against the Popes Supremacy as Antichrist they condemned Transubstanatition He translated the Bible into English and was burned in Leicestershire the first man that suffered the fire of English Martyrdome at fourty five years of age About the year 1500. appeared the first occasion amongst the Waldenses neer the Alps In some Cantons of Boheme called Picards but both of them then rather despised than feared their disciples were called Sub utraque receiving the Sacraments with the Cup and with the Bread against the Papists But their opinion of long time rather amongst themselves than communicable In 1517. began Martyr Luther an Hermite Fryer in Saxony that Covent being usually imployed to publish the Popes indulgencies he spoke against the excessive abuse of the pardons in ninety five Conclusions at Wittenburgh which Iohn Thesel a Dominican opposed in others at Frankford of Branâ—enburgh by Ecchius also and Prierius And so controversie increasing matter of greater importance they were faln to strengthen their weak Arguments with the Popes authority as being the chiefest in the Church and not able to err Martin proves him inferiour to a General Council which he craves as most needful Whereupon he was cited to Rome the next year but in favour remitted to Examination of the Popes Legat Cardinal Cajetan at Ausburgh in Germany who could not convince him and in such policy backed by some Princes he appealed from the Popes Bull to a General Council The same occasion of indulgence collected at Zurick provoked Zwinglius a Canon to oppose Samson a Franciscan who preached for the pardons These Reformers and their writings were examined and condemned by the Universities 〈◊〉 Lovain and Cullen and the more opposing the more increasing The Pope remitted the dispute unto some Cardinals Prelates Divines and Canonists and their books were condemned and burnt And the Popes Bull resolving it the effect followed first at Lovain and Collen Luther and his Scholars did the like by the Popes Bull and Decretalls at Wittenburgh and justified it by a long Manifest to all the World And this caused a Diet at Worms which examined him and his answer moved the Elector and Others to favour his Doctrine but was condemned as notorious Heretical by Imperial Edict And by example so did the University of Paris Henry the eight King of England born a second Brother and therefore bred a Scholar designed for the Arch-bishops See of Canterbury writ a Book against Luther and had his reward and Title of Defensor fidei though upon consideration of Lust and Policy turned Reformer also The like Dispute and Measure had the Doctrines of Zwinglius and the rest and so these differences increasing did necessitate another Diet at Norembergh where disputes against the Reformers increased complaints against the Courtiers of Rome and were reduced into Centum Gravaniana and at the Diet at Spire as many more The horrid plots between the Princes and the Popes and general distraction of Germany and other parts of Christendome and by the seeds of the Reformed Religion at last to amend all or make it worse the Pope was forced to consent to call a General Council at Trent The Elector of Saxony and five Princes more opposing the Emperours Decrees and fourteen principal Cities adhearing they protesting against it by Manifest were now first called Protestants as from the Reformed Doctrine of Luther and the rest At the Diet of Ausburgh the Protestant Princes fifteen and thirty Cities prefer their confession of faith of Luther called from the place Augustine The Cities also of Zwinglius doctrine presented their Creed differing onely in the Eucharist and at home were opposed by their Neighbour Roman Cities and quarrelled it by War wherein Zwinglius in the head of a Company sacrificed his life for whom Oecolampadius a Minister of Basil of the same Opinion dies for Grief and from these of the Cantons came the name of Gospellers The horrid troubles discords and disputes amongst Christian Princes from the seeds of Reformed Churches controverted by several quarrels and Armies and referred to several Diets Colloquies and Meetings in Germany It was then at last resolved of the holy Ecumenical Council of Trent as the Roman Catholiques call it Opening at Trent in Decemb. 1545. In the time of Pope Paul the third Charles the fift then Emperour Henry the eight King of England and Francis the first of France and ended Anno 1563. Eight Bishops of Rome lived and dyed during that treaty eighteen years Our Countrey-man Campian
apprehensive of Death as where the Store-house of blood is less every hazard there raiseth fear paleness and trembling Angli bello intrepidi nec mortis sensu deterrentur witness the bold and cheerful sufferings of the condemned Answerable to our Bodies are our Laws suitable to the Inhabitants of this Soil Not being since William the Conquerour compelled in Criminal Tryals to confession by Torture as in the Civil Law of other Nations whose Innocency would rather yield to be guilty than to endure lingring pain Insulani plerunque fureâ— Death not prevailing to deteâ— men from common offences what constancy then shall that Man have who is martyred for matters of Religion and health of his Soul Britannis quibus nihil interest humine sublimive putrescant non valet Purpuratis Gallis Italis aut Hispanis ista minitare And therefore Pope Clement the eighth impaired his Cause by burning Mr. Marsh at Rome in Campo divi sancta â—iore whose constancy made him a Martyr and many carryed away his ashes as Reliques and that Pope resolved therefore That none of the English Nation should from that time be confirmed with fire The Enemies of true Religion have not gained to themselves by that cruelty Sanguis Martyrum semen Ecclesiae The Romans were tender in case of Religion to condemn to death Cato was not of opinion with those that would have sentenced the Bacchanals he alleging That Religion was apt to deceive men into a shew of Divinity and therefore to be wary in punishing the Professors lest the common people should suspect something was done thereby derogating from the Majesty of God Tantum Relligio potuit suadere Malorum And so the occasion of some Martyrs amongst the Scots increased numbers their Ashes being the best Compost to manure the Church And now return home out of England those Persons of Honour Prisoners to Henry 8. at the last fatal Battel with whom he deals so cunningly that by his Noble Usage and some Bribes to boot he returns them his Pensioners especially their utmost endeavour or a Match with Prince Edward and their Queen young Couples He five She but one year old And with this conceit the King might conquer Scotland by mariage to save him expence of money and men by the Sword But the French King Henry not liking this lincking began quarrels with the English embarging their Ships and Merchants goods the like with them in England So that some Forces were from hence speedily sent over which besieged Landersey but the French King in person with a mighty Army made the English to rise for to meet them In the mean time the Town was relieved and the King having done his Work returned in the dark The Scots Prisoners kept their word and prevailed so far at home that their first Parliament concluded the Match and confirmed it by an Instrument under Seals and ratified by Oaths and that their young Queen should be sent to her Husband but these Scots soon byassed by the French practices break faith and refuse This Indignity set Henry on fire for revenge who transports an Army into Scotland in 200. Vessels under command of Viscount Lisle Admiral for the Sea and the Earl of Hartford for the Souldiers and Land at the Fryth marching in three Battalia's towards Lieth And were encountred with skirmishes by six thousand Horse who soon retreated leaving Lieth to be consumed with fire And being besides this Success too powerful to be opposed marched forwards towards Edinburgh and were humbly besought by the Provost and Burgesses to spare their Cities ruin and be pleased with the Souldiers free quarter and Bag and Baggage at parting No this was not sufficient to appease the Enemies fury who being therefore somewhat opposed entered by force with fierce assault took part of the Town which they ransacked and consumed with fire Holy-rood-House and the Palace The Ships returned with large Spoils and the Army marcht on coasting the Countrey homewards ransacked above thirty Towns in their way with no more loss than fourty men Having thus punished them for perjury King Henry design'd as much or more to the French with two Armies the one under Command of the Duke of Norfolk who besieged the strong Town Maittrel but were beaten up with loss and little honour The other had better success by the Duke of Suffolk for embodying both of them encamped about Bulloign with power enough to be masters And therefore for the glory of the gallant King Himself comes over and after a Months Battery takes first the Upper and then the Base Town by Articles to depart with Bag and Baggage the whole number of Souls 4444. and King Henry Mans the Town and so comes home again And it was time so to do for the Scots always aiming at such opportunities fell into the Marches of England rifling and burning all the Towns they came to from whence the English were fled till they met with the Earl of Hartford who was sent with twelve thousand men and doing as the other had done before ruin'd all without opposition of any And thus but by turns King Henry intending to be more cruel with Revenge to that end makes peace with France but dies two years after Which Gave the Scots some time of breathing from abroad never free from quarrels at home the State increasing in Faction the old Council keep up their Inquisition after Heretiques as they termed the Reformers and for Example fell upon one Wischard whose outward zeal and affection to their Cause gave him courage to confirm it by Fire and Fagot And for whose death the Cardinal David Beaton lately come to enjoy his Kinsmans CAP was barbarously murthered in his Castle of Saint Andrews by Norman Lisle Iames Melvin and others and were justified in that barbarous act by Iohn Rough preaching it for sound doctrine who had got into their gang one Iohn Knox the most notorious Ringleader afterwards of all disorder in their Reformation which now began to quarrel with the Crown also and all Regal Government For presently surprizing the Castle He was by the Crowd vocated as they call it to be a Preaching Minister whose Pride enduring no Rival soon turned out Rough that brought him in But Knox finding no firm footing in Scotland fled into England two years after And now began the tumult within and without the Castle the Town taking parts Monsieur d' Osel sent into France for a great Army and as soon as sent for was wafted over in 24. Gallies anno 1547. beginning Siege and Battery to the Castle which was quickly rendered and the Prisoners and Spoil thereof returned back with the Army into France The English were comming to oppose the French but Henry 8. of England dying gave occasion to the French to return Victors The antient League of Scots and French was decreed in the time of Achaius the first Monarch of
hands of the Earls of Huntley and Arguile and sent to Q. Eliz. as an undeniable Truth dated Decem. 1567. which I have seen Hereupon the Confederates to acquit Bothwell of the Murder consent to the general apprehending all such as were suspected and Bothwel in particular accused by the Earl of Lenox the late Kings Father his Case is pleaded by Morton and he cleered by Sentence of the Judges And now Bothwell fitted with honour to a capacity of Mariage the Confederates gaining many Lords to their design set their hands to an Instrument for that purpose and altogether implore the Queen to mary Bothwell which being done and their turns served Then they increase a violent suspition and vent it abroad of the Queens guilt and consent with Bothwell and so conspire her deposing and his distruction Murray most suspected for the great Villany which followed intreats for leave to travel into France as weary of these Disquiets and to colour his knavery commits his whole Estate in trust to the Queen and Bothwell No sooner gone but all the Confederates take Arms publishing That Bothwell now Duke of Orkney intended to surprize the Prince and captivate the Queen who get forces and proclame them Rebels and march to Seaton and thereabout The Armies face each other of equal strength The French Embassadour mediates for Peace but to no purpose and so retires into Edenburgh The Lords to add Justice to their Cause which seemed horâ—id against their Comfortless and distressed Queen satisfie the people that were racked into fears and jealousies how to distinguish these distempers in State They caused therefore their Ensigns with this device The late King wounded and dead the Prince James kneeling by his hands heaved up towards Heaven with part of the Psalm Iudge and revenge my Cause O Lord. Then out comes Bothwel and to avoid the blood of many offers his own in combate against any Iames Murray the younger Brother accepts the Challenge but he is refused as not equal in honour The elder Brother William Laird of Tyllyburn and then Lord Lindsey desired the Combate To whom Morton sends the warlike Sword of Earl Archibald commonly called Bell the Cat and a Buckler with these he presents himself between the Armies and Bothwel there before But the Queen forbad them In fine the Lords increasing numbers being neer home Edenburgh and the Hamiltons failing the Queens forces Bothwel takes time to fly being under-hand advised by Morton his pretended back-friend which he did least if taken Prisoner he might be to unravel all these Treacheries And now absent it would increase belief of his and the Queens guilt in the late Murther of the King He gone and â—he worsted in fight and without any defence renders her self into Edenburgh Castle for thatnight and the next day she is carried Prisoner to a Castle in the Isle of Lochlevin under the strickt custody of Murrays Mother the Harlot of Iames 5. insulting over the poor imprisoned boasting her self the lawful Wife of Iames 5. and her Son to be his lawful Off-spring Bothâ—ell under hand sends to Balfore Governor of the Castle for a Silver Cabinet of the Q. which was delivered to the Messenger but discovered to the Lords who surprized it and so the secret Letters opened all their actions In this hurray of affairs the Ministers never idle break down the Abbies and all the figures of painting and sculpture in the rich Chapel of Holy-rood At last comes the Hamiltons with forces in sight of Edenburgh to recover all assisted with Arguile the Earls of Huntley Caithness Rothess Crawford and 15. Lords besides others of Geâ—try The other Lords move the general Assembly of Miniâ—ters now as alwaies in uprores convened in Iune to write to the Enemy And besides those Letters who more busie to accompany them and go on the Errand but the Ministery that meanâ— nothing less than peace Knox Dowglas Roe and Crage making such demands for themselves and more maintenance for the Ministery That the Cure would be far worser than the Disease These Peace-making Ambassadors but more military minded return with their message bad enough to be bid welcom which they also heighten for their own purpose and join altogether in 8. Articles That the former Parliament 24. of August 1560. and all the Acts for Religion should be made good and defended as lawful That the thirds of Tyths and larger proportion of Benefices for the Ministers For reception of youths into Schools and Universities by probate to be reformed Crimes against God to be punished The Murther of the King to be prosecuted The Prince protected The Covenant promoted Popery suppressed by arms if need were That all successive Kings and Princes at Coronation to be sworn to the Religion Queen Elizabeth detesting these unbridled insolencies of Subjects whom she termed Perfidious Ingrateful Cruel Rebels sends Sir Nicholas Throgmorton to expostulate with the Confederates to restore the Queen from imprisonment and preserve the Prince into England They all assemble Rebels seldom consent in unanimity but resolve Not to admit Ambassadours of England nor Le Croc. and Ville du Roy out of France to see the Queen Lethington the cunning Secretary and his faction advise for her restoring he Murther of the King to be answered the Prince provided for Bothwel divorced and Religion published Others would banish her perpetually into England or France and those Princes to undertake her Renunciation of Regency to her Son and certain Lords Others are for her Tryal Condemnation and perpetual custody and to set up her Son The last and most villains would have her deprived of Princely Authority life and all and this Knoâ— and other Ministeâ—s thundered out in Pulpits Throgmorton disputes her Cause alleging what the Word of God and all National Lawes do decree concerning the sacred power of Soveraigns and earthly duty of Subjects They reply with Buchanans damnable doctrine de Iuâ—e regni apud Scotâ—s Murray and he Contrivers of that Tractate contrary to the whole Histories of Scotland to create and depose their Princes They excuse their non-admission of the English Ambassadours address to Her with the denying of the French who seemed to be satisfied And in conclusion frame a Declaration in writing without subscription of any which they exhibite to Throgmorton in answer of all In effect To no other intent they shut her up but to sequester her from Bothwels person whom they pretend she dotes upon to their râ—in and so whilst she cools towards him her anger may abate from them with which result and no more he takes leave and returns home to England They work upon her restraint and miserable Imprisonment first in fair way to resign her Regency and to incline her they loosen her to a little freedom the better to shew her the means to escape away but increasing threats if she refuse to arraign her for Incontinency Murther and Tyranny At last they compel
protested that although their Queen was content her innocence should be shewed yet being a free Princess she did not acknowledge her self Subject unto any The English urged likewise That they did not admit that protestation in prejudice of that right which the Kings of England alwaies claimed as Superior of the Kingdom of Scotland Queen Maries Commissioners declare by writing how Morton Mar and others had levied Arms misused their Queen and extorting her Resignation in Prison that Murray had usurped the Regency and inforced her to fly for succour into England Murray and the Commissioners for the King Infant answer and relate the manner of the late Kings murther by Bothwel for which the Noble-men called him in question whom the Queen protected that she voluntarily resigned and the Parliament had confirmed it and all this was evidenced by Letters Her Commissioâ—ers reply and deny all telling the Truth of these Stories in such particular as is before herein declared and therefore crave aid of England to assist Her The English Commissioners require better proofs than by Letters for Lethington had counterfeited her hand and was suspected might do â—o by these Murray refuses other proofs than such Letters as he shewed with much modest regret forsooth To be put to it to accuse his Sister at all unless the Queen of England would undertake to protect the King and to relinquish the Queen But the English told them all though there appeared not as yet sufficient for the present to be dilated upon yet Murray is required to leave some of his Company here to answer Exceptions which their Queens Ambassadors should propose hereafter and so they departed Much pleasing to the Duke of Norfolk so to break off having alwaies favoured Q. Maries Cause and from this time had a Mind to mary her But Murray to make things more safe poâ—â—s to the Queen of England and to her produces Articles and other 〈◊〉 and 〈◊〉 Book called the Dâ—tection which had 〈◊〉 credit with her though â—illing she was that reproach â—ight lâ—dge â—pon the Queen of Scots Indeed many Engliâ—h Lords inclined to 〈◊〉 her 〈◊〉 at which Queen Eliâ—â—beth swore She 〈◊〉 not 〈◊〉 so long as Norfolâ— lives of whom hencâ—forward she was jâ—alous Duke Hamilton was returned out of Frâ—â—ce whither he had fled and besought that Murray might relinquish the Reâ—â—â—â—â— to him being as he 〈◊〉 his due as next heir to the Crown 〈◊〉 the Queen found his pulse beat too higâ— and least he should proceed in that Claim she commanded him not to depart without her Licence The Regent and his Company having leave to depart in Feâ—â—â—â— the Duke Hamilton made means to follow and being Lieutenant for his Queen and got home sends forth his Proclamations and sheweâ— his Authority which none obeys For Murray was comming to nip the Bird in the Head and comes to Glasgoâ— with an Army to whom Haâ—â—â—ton 〈◊〉 and prefixes a day for Hamilton with pledges to subsâ—ribe to his power at Edenbâ—rgh and there likewise he 〈◊〉 it off till his Queen sends her consent Hereupon he and Herris are committed 〈◊〉 and Huntley were the next to be reduced Both of them had been buâ—ie in the Regents absence but were now suppreâ—â—eâ— and so all 〈◊〉 to Perth to hold a Convention of â—tates Thither came two Packets from both Queens Elizabeth made three Propositions 1. That the Kings Mother might be restored to her 〈◊〉 and 〈◊〉 2. That her Name might be joined with her Sons in all writs and the Government continue in the Râ—gâ—â—â— 3. And if none of thesâ— then that 〈…〉 with all 〈◊〉 and honâ—â—â— without preâ—â—diâ—◠〈◊〉 the King This last was accepted the other rejected These Queens had several Designs in their Demands Elizabeth was wiâ—â—â—ng to be rid of the other rather than she should mary with Norfolk for she feared her great Friends here and beyond Seas And Mary was therefore more earnest to satisfy the Duke who meant not to adventure the Treaty upon uncertainties And Murray for these respects kept Bothwels title in being for from England he was assured by his Friends there that Norfolks plot and Queen Maries was so cunningly conveyed that no wit nor power was able to countermine Yet he remained stedfast and sent one of his Domestiques to Queen Elizabeth with Queen Maries Petition and their answer but She not satisfied with such an Ordinary Messenger the Abbat Pitcarn was sent Express from the Convention at Sterlin held only for that purpose About the same time of his last arrival at London the Duke of Norfolk was committed to the Tower October 11. and the Conspiracy discovered which was thus Murray with much cunning before his late departure out of England proposed some hopes to Norfolk of mariage with the Queen of Scots and secretly induced a belief of her present restoring and spread these Rumours to prejudice her and to increase jealousies with many other suspitious which surrounded Queen Elizabeth Of Rebellions at home and Plots abroad by the Papists And as many more Tales that Q. Elizabeth and Murray had compacted against the young King To wipe off these an Apology was printed in Queen Elizabeths defence In truth she was much perplexed with fears out of Emulation of the other Yet with some compassion for her Imprisonment and in both these distempers there wanted not Instruments to rub the wound Mary often solicited Queen Elizabeth with humble yet Princely Letters with such compassionate Eloquence that though the Queen had a Wolf by the Ears yet with tears had oft resolution to return her Home and dealt with Murray by Messengers herein but he was settled in malice and would not incline Then was rumoured the Mariage of the Duke of Norfolk with Queen Mary as advantagious to both Realms and security of the Kings person who must be brought also into England and so under Queen Elizabeths power and she so to be secured of fears And that for finishing so good a work the Dukes Daughter should be contracted to the King And these Designs many the chiefest Earls in England had contrived Murray himself at his being here intimated no less to the Duke for that She having maried her self to a Boy then to a rash young Man and last to a Mad-brain might now recover her honor to wed him a Man of discretion Nay more secretly by Melvin offered to the Queen of Scots his Service to effect it And the Secretary Throgmorton with the chiefest Lords Arundel Northumberland Westmerland Sussex Pembroke and Southampton and Leicester also his Rival were all of the Plot and he broke it very seriously to Norfolk Upon which the Duke not faint-hearted courted the Queen by Letters and all consenting Articles were propounded 1. For security of Queen Elizabeths person and issue 2. To Covenant a League between both Kingdomes 3. To establish Protestant Religion 4. To receive into favour with pardon all the Scots 5. To Revoke her assignation of the Kingdom of England
indured with horrid reluctancy even of their Tormentors with great constancy and therefore they had a form of Iustice and were executed with the Halter and so was the man of Straw the Admiralls Image hanged with them for a ridiculous example first murthered and then by a mute arraignment sentenced and executed Such as fled from slaughter or were hidden in the woods were by fair words in a Proclamation promised mercy but returning home were sure of the slaughter And so throughout the whole Realm of France for thirty dayes together were so many thousands massacred that besides the unmaried there remained above an hundred thousand widâ—â—s and children well born begging their bread When all was done and wearied with slaughter The Edicts came out that the former Treaties of Pacification should cease And a form of abjuration for such as were terrified by others sufferings to renounce thâ— Religion and none to be suffered to profess other than the Romish faith Whilst these sparks of former feud lay raked up in embers by pacification at home in Scotland Bishop Ross in England and but imprisoned in the Tower as you have heard though a man full of plots and policies yet his privileges of Ambassador affording him protection for his life It being too much suspicious to send him under hand to his grave and legally they could not He was therefore released after 2 years imprisonment and packt away over seas into France in whose time of imployment here as a faithfull servant to his Queen many Co-actors were put to death others detected and imprisoned yet even with his parting he left not unattempting and was for many years following beyond seas with all the Catholick Princes in Christendome a most pestilent disturber of Queen Elizabeths quiet for not long after he delt with Henry 3. of France to turn Morton out of his Regencie and to steal the young King thither whose faction in Scotland might weaken thereby and as he grew in years with the French Tutorage his affections might decay towards the English the ancient league with the French strengthned and with England dissolved In this small time of cessation from War the Scots without cause to implore England for any ayd or relief The Governours of each Borders assign a meeting to compose differences for eithers quiet against the usuall rapines of Robbers where disputes began and quarrells followed the English were worsted and taking the neerer way fled from the fury into Scotland and so for justice to Morton whose censure being much too partiall not onely in not doing right to punish his countrey men but dismisses the English with much adoâ— by Subscription and Pledges This behaviour of the Scots soon incensed the Queen who being presently upon the posture of a Bordering War Morton prudently layes blame on the Scots Commanders beseechetâ— her Majesty not to raise a War with them whose maintenance must be with much blood the common cause necessarily begging defence of peace betwixt the two Kingdoms and if civil War should follow upon Scotland it might introduce a necessity in them to call in the French whom she in her Princely affection and great wisdome had but lately afforded them the means to ridd away And that before time should grow elder his endeavours should be with such good offices and service for her Majesty as might countervail the inconveniences already happened And for questioning of the Governour he remembred a president under Henry 7. for expiation of Sir Robert Carrs death then Governour of the middle borders which was then referred to a meeting in Scotland to enquire This gray-hair-instance incensed her the more untill the Scots Governour Carmichell was sent to answer it in England and then indeed his Present of Hawkes to the Courtiers became a saying He gave them live Hauks for dead Herons Two Brothers of that Name Herons killed in the fray This petty disturbance gave time and leasure for the Praecisians now so stiled not to forget their ministerial ragings who evermore upon such occasions put in a spoke for themselves because their stipend was not redressed And herein were so presumptuous as to utter their fancies and to act what ere they thought best for their advantage But herein the Regent stopt them in their Career remembring them of the Treaty of Lieth which forbad all Innovation in Religion during the Kings Minority This year took away James Hamilton Earl of Arran and Duke of Castle-herauld at Poictures a Province in France He was Grandchild to James 2. And after the death of James the 5. In the vigour of youth and Mary his daughter succeeding in the Crown she had this Hamilton a while for her Protector and then declared her Heir apparent A mild man and tractable he was though her birth and quality drew on turbulent spirits to bring him on the stage and sent him into France with her where he was caressed for their party and created Duke and Captain of a troop of Horse Somewhat he medled in state after his return home but soon retired into privacie for which the mad-headed Ministers and Buchanan blamed him of sloth From him proceeds 4. branches James Earl of Arran John Claud and David three of them infected with the Mothers disease became frantick or rather bewitched At this time was Iohn Ormston commonly called black Ormston because of his Iron colour apprehended and had his tryal and executed for being guilty of the late Kings Murther Likely enough to have discovered more particulars than he did confess being Intimate with Bothwell who communicated the purpose to him and shewed him the subscriptions of the Earls of Argaile Huntly Secretary Lethington and Balfore testifying their consents to that horrid Act. Nevertheless the Regent permitted Balfore to enjoy the benefit of the Pacification passing an Act thereof in counsel to the regret of many for though it was doubted whether the subscription of Arguile and Huntly were not counterfeit but of the other the hate to their persons made the sensure of their guilt easie of beliefe to all but Arguile dying soon after his office of Chancellor was conferd on the Lord Glams Adam Heriot Minister of Aberdeeâ— dyed this year and of their Church is accompted worthy Record he had been a Fryer of the order of St. Austin living in the Abbey of St. Andrews learned and eloquent in the Pulpit subtile also in school divinity The Queen Mother heretofore hearing him preach was so affected to his wit and judgment and integrity that in reasoning with some Lords upon the Article of Real presence she offered to be concluded by Heriots opinion who was required to preach thereupon before her and a numerous Auditory But there he flaggd so prevaricate as most men were unsatisâ—ied of which being sharply censured by some his worthy friends he fell into sadness and regret of soul till he did openly recant and renounce Popery and forthwith joyned
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-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
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
King for nought infinite gain It was then wished that they should declare their benefit and afterwards become Collectors for the King Queen Elizabeth after she had raised Customer Smith from 140001. per annum to 420001. made him discount what he had got This King did not do so yet he did better borrowed money and never paid it them Besides they were alwaies at hand to be squeazed and what his Successor failed in that way being perhaps surprized by death the next long Parliament did to purpose ruined them all upon old Scores And was it not time for King Iames so to do We all know by the succeed such Contractors lost not by their Farm By which we may be assured how mightily trade increased by the wise Government of this King and no Text more certain to prove it than the Inter and Overloping of Merchants to get in to be Farmers so mighty was their gain and so secret this their trade as but by their Pride profuse and stately comportment since could never otherwise have been imagined Liberties and Penalties there have been Kings that have proclamed Quod omnes Chartae irritae forent nisi posteriori sigillo roborentur Nay Qui suis volebant gaudere innovarent chartas suas de novo and this was done by Commissioners or by quo warranto against all And for penal Laws though I know that many Projectors advised yet former examples of this kind have evermore been fatall to those of the Quorum But this King declined it at all Selling Offices had been done formerly not a King scaped it to sell great Offices of the Crown and State for years for life under the Kings hands and seals They lodge in the Record thus Chancelour Chief Iustice all Keepers of Records Clerks of Assize and Peace Masters of Game and Parks and what else of profit or repute In France it is common not one scapes and in Spain as usual and defended as lawful and there are some that have prescribed them amongst the best Rules of reigning Sovereignty both Ecclesiastical and Temporal It may be that Favorites and Courtiers made bold with their interests in their Master to receive their Rewards But his own hands were ever closed from such corruption Sale of Honours It was the antient Power and that legal to call landed men to Knight-hood or fine which he did by favour and grace which he gave truly I believe he was no niggard in them too But indeed there being no Chivalry or Deeds of Arms in this time of peace to make men merit honours those that had it favourites excepted I rank in desert and so of due reward To others I confess they paid for it and they were those off-hand Lords as were made Earls together that paid eight thousand pound a piece and the pride of their hearts never bogled at the purity of the Project but swallowed down the Corruption without check of Conscience and yet this I can tell Some of them set their Sons to beg again part of it for their private expence The Baronets were created upon a better score and both these without any plot of State as was feigned and the designs upon the Earl of Salisbury for the former and upon Buckingham for the later when in truth Pride and Ambition made the project their own And in Gods name let such pay the price thereof And I know as honest and discret as our later times can boast of molded other such designs for degrees of honor to be hereditary in tail as Under-degrees to those already in use which yet the King for that present declined Coyn and Bullion All men know that Coin and Bullion in any State admit great wisdome in the mannagement and as many overtures were now offered as could stand with Justice or Customary Presidents It was much urged to abate money which was never used by any but as a last shift full of dishonor as in Bankrupts and a certain inconvenience to all Revenues of rents and so to the King in that particular as the greatest land-Lord and so his disadvantage which he declined Moneys being esteemed quantum in Massa not altogether per sculptam and so hold esteem by their true value Queen Elizabeth held it up from abasement which her great potent Enemy Spain could not do Then was advised Cambium Regis an office antient untill of late the Goldsmiths have ingrossed it Some thoughts there were to make the Exitus exceed the introitus in Traffick that the unnecessary nay useless commodities brought in in old time accompted Wines Spices Silks and fine Linnen the Manufactures of out-lands and sold to us to a great value even in Babies and Rattles being the sad occasion then the great want of Bullion not sufficient in Specie to pay the Lender in principal At last it was concluded to get advantage in the Coinage either simple Metal or Mixt by which we see that all Monarchs have are argento auro and so was coined only Farthings least other stamp of more value should clog the Kingdom and a proportion was together coined and do what this State could was in few years counterfeited by our neighbour Hollanders and many Firkins filled by them that the Farthing Office was not able to rechange upon the rebate for silver which yet the King continued till these late times called in Examine the inconvenience of Leaden and Copper Tokens as great a benefit now to Retaylors then formerly to the State but with much more inconvenience to the Nation being only utterable and current to each Retaylor of his own Mint and Mark. He was forced to adventure upon the use of Parliaments and to being with money but not to build long upon their discusses whereby came that saying in common as of no other Design Subsidies granted Parliament ended and therein the disadvantages he found might well distinguish him and their less frequent calling from his Predecessor and her often invitation and indeed discourage any Prince that should next succeed her The Disposition and Spirit of the times considered were not alike with him Her people ingenuous and un-inquisitive wrapped in innocence and humble obedience But in his time their passions and disaffections had gotten loose Reins the snaffle in their teeth contesting and capitulating Reasons of her actings were her own Will for then she having just cause to complain of oppressions as they did they only conveyed them to her notice and left the time and order of redress to her Princely discretion And yet when it was not altogether concerning them she would bid them meddle to amend their own Manners Nor were her Messengers choaked by any reproach that came of such errands In his time so much degenerate from the purity of the former under pretence of reforming and freedom that their very inquiry extended to the privacy of the King himself Nusquam Libert as gratior extat quam sub Rege pio Afflicting
name and set the Lieutenant of the Tower is called and brings his Prisoner into the Court to the Bar the High Steward then declares to the People the cause why the King hath assembled those Lords and the Prisoner and perswades him to answer without fear freely and commands the Clerk of the Crown to reade the Indictment unto him and to ask him if he be guilty or not to which he usually answers Not guilty and to be tried by God and his Peers Then the Kings Attorney and Serjeants at Law give Evidence against him whereto when he hath given answer the Lieutenant of the Tower is commanded to return with the Prisoner from the Bar whilest the Lords do secretly confer in the Court together and then the Lords rise out of their places and consult among themselves and what they affirm shall be done upon their Honour without Oath And being so agreed or the greatest number they return and take their places again in Court and the High Steward demands of the youngest Lord first if he that is arreigned be guilty or not and so the next in order and the rest each one answering I or No. Then the Prisoner is sent for to the Bar to whom the High Steward recites the Verdict of the Peers and doth give Iudgment accordingly Stanford Pleas del Coronae lib. 3. Poult 188. The antiquity of this kinde of Trial by their opinion is grounded from Magna Charta but others take it to be more ancient though there inserted Henry 3. but was brought in by the Conquerour being answerable to the Norman and French Laws and agreeable with the Customes Feudal where almost all controversies arising between the Sovereign and his Vassals are tried per judicium parvum suorum And if a Peer upon his Arreignment of Treason do stand mute Iudgment shall be given upon his Indictment and yet shall not be pressed to death but saves the forfeiture of his Lands Statut. Westm. Edw. 4. Dier 205. But if upon Indictment of Felony he may be mute The reason of Magna Charta aforesaid is there expressed where he is indicted at the Kings Suit of Treason or Felony the words being Nec super eum ibimus we will not pass or sit in judgment upon him but by his Peers but if an Appeal of Murther or other Felony be sued by any common person against a Peer he shall be tried by common persons and not by Peers Stan. Pleas lib. 3. Brook Trial 142. But yet this Privilege hath some restraint For an Arch-bishop or Bishop though Lords of Parliament in such cases shall be tried by a Iury of Knights and other substantial persons upon their Oaths because Ecclesiasticks cannot pass in like cases upon Trial of other Peers for they are forbidden by the Common and Ecclesiastick Laws to be Iudges of Life and Death You see the great regard the Law hath to the word of a Peer heretofore upon his honour and yet how many ordinarily break their Oaths in common And thus premised we come to the case of Somerset and his Countess First therefore Sir Thomas Overbury for a time was known to have great interest and strait friendship with the Earl of Somerset both in his meaner fortunes and after in so much that he was in a kinde of oracle of direction unto him and if you will believe his own vaunt being indeed of an insolent and Thrasonical disposition he took upon him that the fortunes reputation and understanding of this Gentleman who is well known to have an able Teacher proceeded from his company and counsel and this friendship rested not onely in conversation and business at Court but likewise in communication of business of State for my Lord of Somerset exercising at that time by his Majesties special favour and trust the Office of Secretary did not forbear to acquaint Overbury with the Kings Packets and Dispatches from all parts of Spain France and the Low-countreys and this not by glympses or now and then rounding in the ear for a favour but in a settled manner Packets were sent sometimes opened by my Lord sometimes unbrokened unto Overbury who perused them copied them registred them made Table-talk of them as he thought good so the time was when Overbury knew more of the secrets of State than the Council-table did nay they were grown to such inwardness as they made a play of all the world besides themselves so as they had cyphers and Iurgons for the King and Queen and great men of the Realm things seldom used but either by Princes or their confederates or at the Court or at the least by such as practice and work against or at least upon Princes But as it is a Principle in Nature that the best things are in their corruption the worst and the sweetest Wine makes the sowrest Vineger so it fell out with them that this excess as I may say of friendship ended in mortal hatred on my Lord of Somerset's part It hath been said that Frost and Fraud ends foul and I may add a third and that is the frienâ—ship of ill men which is truly said to be conspiracy and not friendship for it happened that the Earl of Somerset fell into an unlawfull love towards that unfortunate Lady the Countess of Essex and to proceed to a Marriage with her this Marriage and purpose did Overbury mainly impugn under pretence to do the true part of a Friend for that he accounted her an unworthy woman but the truth is Overbury who to speak plainly had little that was solid for Religion or moral virtue but was wholly possest with ambition and vain-glory was loath to have any partners in the favour of my Lord of Somerset and especially not any of the House of Howards against whom he had professed hatred and opposition And that this is no sinister construction will appear when you shall hear that Overbury made his brags that he had won him the love of the Lady by his Letters and industry so far was he from cases of conscience in this point And certainly howsoever the tragical misery of that poor Gentleman Overbury might somewhat obliterate his faults yet because we are not upon point of civility but to discover the face of Truth for that it is material to the true understanding of the state of this cause Overbury was naught and corrupt in his commendation the Ballads must be mended for that point which paint him out other and partiality must be blamed which now a days favour him in malice to the memory of the ministers of these Times But to proceed when Overbury saw that he was like to be dispossessed of my Lords grace which he had possessed so long and by whose greatness he had promised himself to do wonders and being a man of an unbounded and impudent spirit he began not onely to disswade but to deter him from the love of that Lady and finding him fixed thought to finde a strong Remedy and supposing that
May it please your Majesty BY this Gentleman your Majesties Lieutenant I understand of some halt you made and the cause of it at such time as he offered to your Majesty my Letters but soon after your Majesty could resolve your self and behold me nothing so diffident of you but in humble language petitioning your favour for I am in hope that my condition is not capable of so much more misery as I need make my passage to you by such way of intercession This which follows after I offer your Majesty though not as to your self for upon less motive you can finde favour for me Now I need onely move not plead before your Majesty as my case doth stand for what I seek to have done follows upon what you have already done as a consequence and succeeding growth of your own act But to the effect that your Majesty may see that there is enough to answer those if any such there be as do go about to pervert the exercise of your Power and to turn it from its own clear excellency for to minister unto their passions I have presumed to this end to awake your Majesties own conceit upon this subject which can gather to it self better and more able defences in my behalf upon this view for though the Acts of your Mercy which are not communicable nor the causes of them with others as derived from those secâ—â— motives which are onely sensible and privy to your own heart and admit of no search or discovery to any general satisfaction and that under this protection I might guard my particular sufficiently yet my case needs not hide it self but attend the dispute with any that would put upon it a monstrous and heavy shape though that I must acknowledg that both Life and Estate are forfeited to you by Law yet so forfeited that the same Law gives you the same power to preserve as it doth to punish whereby your Majesties higher Prerogative doth not wrestle with it nor do you infringe those grounds by which you have ever governed so as the resistance is not great that your Majesty hath for to give Life and which is less in the gift of Estate for that the Law casts wholly upon your self and yields it as fit matter for exercise of your goodness Once it was your Majesties gift to me so it may be better not taken than a second time given for it is common to all men for to avoid to take that which hath been once their own And I may say farther that Law hath not been so severe upon the ruine of innocent posterity nor yet cancelled nor cut off the merits of Ancestors before the politick hand of State had contrived it into these several forms as fitted to their ends and government To this I may add that that whereupon I was judged even the crime it self might have been none if your Majesties hand had not once touched upon it by which all access unto your favour was quite taken from me Yet as it did at length appear I fell rather for want of well defending than by the violence or force of any proofs for I so far for sook my self and my cause as that it may be a question whether I was more condemned for that or for the matter it self which was the subject of that days controversie Then thus far nothing hath appeared wherein your Majesty hath extended for me your power beyond the reasonable bound neither doth any thing stand so in the way of your future proceedings but rather make easie your Majesties favour for my relief What may then be the cause that malice can pitch upon wherefore your Majesty should not proceed to accomplish your own work Aspersions are taken away by your Majesties letting me loose to the utmost power of Law with the lives of so many offenders which yieldeth the world subjects of sorrow rather than appetite to more bloud but truth and innocency protect themselves in poor men much more in Kings Neither ever was there such aspersion God knows in any possibility towards your Majesty but among those who would create those pretences to mislead your Majesty and thereby make me miserable If not this whereof the virtue and use was in the former time and now determined there is not any but your pleasure It is true I am forfeited to your Majesty but not against you by any treasonable or unfaithfull act besides there is to be yielded a distinction of men as in faults in which I am of both under the nearest degrees of exception Yet your Majesty hath pardoned Life and Estate to Traitors and to strangers sometimes the one sometimes the other nay to some concerned in this business wherein I suffer you have pardoned more unto them than I desire who as it is reputed if they had come to the test had proved Copper and should have drunk of the bitter cup as well as others But I do not by this envy your favours to any persons nor seek I to draw them into the yoak with my self but applaud your Majesties goodness being in that respect in a nearer possibility to come at me Besides this to Elvish your Majesty hath given Estate which is a greater gift than Life because it extends to posterity who was the worst deserver in this business an unoffended instrument might have prevented all after-mischief who for his own ends suffered it and by the like arts afterwards betraid it To this I may add Tresham in the Powder Treason upon whose Successors I do not cast any of his infamy yet he preserved himself to posterity so as what he or others sucâ— as he have defrauded by the arts of Law and whom their own unfaithfulness made safe I have much ado to hold by ingenuity and confidence How may it be because I distrusted not your Majesty or because it returned in your power from whom I had it is it in danger to be broken or dismembred Let me hope that there is nothing which by favour may be excused or by industry might have been avoided that will fail me where your Majesty is to determine It is not I that thus put your Majesty in minde oportunely it is he that was your creature it is Somerset with all your honours and envious greatness that is now in question Kings themselves are protected from the breach of Law by being favourites and Gods Anointed which gives your Majesty like privilege over yours as I took from Doctor Dun in his Sermon that the goodness of God is not so much acknowledged by us in being our Creator as in being our Redeemer nor in that he hath chosen us as that nothing can take us out of his hand which in your Majesties remembrance let me challenge and hope for for the first accesses of favour they may be ascribed unto ones own pleasing themselves but that appears to be for our sakes and for our good when the same forsakes not our civil desires
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
in Ireland There was publick Reports of the Spaniards mighty preparations by sea more then in 88 pretended against Britaign in France which the King of Scotland feared might fall upon him or England or both And therefore musters all his people and secures the Borders from pryvate quarrells of each other or to infringe the peace and Covenant of both Nations so firmly united by Alliance and Religion Language and manners that of late they seemed one But to divert Spains purposes Queen Elizabeth joyns with France who denounces warr against him and is hotly pursued in Luxemburgh and Picardy Where he hath the better Castelet Dorleans and Cambray taken and the French crave more ayd from England or to be forst to make peace with Spain whicâ— indeed she suspected He being already received conditionally into the blessing of the Pope and conclave These successes hightned the Spaniards to adventure over into England from Bretaign in four Gallyes under Command of Dudrack Brocher and landed betimes in the morning burntâ— poor fisher Towns in Cornwall and without losse of any one Englishman stole home again These being the first and last Spaniards that ever in Enmity durst set foot on English ground And this their poor attempt incensed the English to seek him at home that they might feel the different effects of English designs Sir Walter Ralegh Captain of the Queens Guard made an Expedition upon his Territories in America commonly called the Guiana voyage within 8 degrees south of the Aequater He burns some Towns and Cottages and so returns Sir Amias Preston and Sir Georg Summers also sack and burn the Towns of the Isle of Puerto santâ— neer Maedera and Coche neer Margereta Coro and the City Iago de Lion but took money to spare Cumena Hawkins Drake Baskervile with 6 of the Queens ships and 20 other Men of warr fire some Towns in the Isle Dominica in the West Indies and others upon the continent But the event of that voyage Hawkins and Drake died of sicknesse and home came the Company poor enough for any Pillage so we return to our Scots story This new year some time sets variance between both Realms The Lord Scroop for the West Marches of England and the Laird of Backlugh for the charge of Liddesdale design a Day of Truce to treat of disorders and the meeting even at the Brook that divides both nations Mr. Salcallk was Deputy for Scroop and Robert Scot for Backlugh and having met friendly and composed some differences they parted At their meeting was Armstrong nick-named Will of Kinmouth a notorious Thief for the Scots he returning home was set upon by some English and after four miles chase brought him Prisoner to Salcallk and so to the Castle of Carlile The Truce was broken being accounted evermore from the hour of Treaty till next day Sun-rise and the Prisoner is demanded But Scroop refused unless by order from the Queen and Council The man being a notorious Malefactor and Backlugh was modest not to make many words ere he procured Bowes the English Resident to write to Scroop for his inlargement which not taking effect the King writes to the Queen nor that neither Backlugh engaged in honour to the King and his own right of Trust Plots the Prisoners Release this Way The Castle of Carlisle was surprizable and in particular at the Postern-Gate the measure of the height he had and there he meant to scale or break through the weakness of the Wall by Engines and so to force the Gates Thus resolved he drew up two hundred horse to Mortons Tower ten miles from Carlisle neer Sun-set he forded the River Esâ— and two hours before day he passed Eden beneath Carlileâ—bridge â—bridge and so came to Sarcery a plain under the Castle And making halt under Cadage Bourn he dismounted fourscore of his company but his Ladders too short his men fell to mining and himself retiring to the rest to secure those which might enter against any eruption from the Town In fine the Breach opened entrance to single men who brake through the Postern-Gate for the rest The watch awaked and made some resistance but were soon seized into Guard and afterwards the Prisoner freed The sign being forthwith given by sound of a Trumpet a signal to the Souldiers without that the enterprize was effected within My Lord Scroop and Salcalk were in the Castle to whom the Scots gave the good night and so parted This Surprize was handsomely mannaged having order from Backlugh to break open no door but the Prisoners Ward nor did they do any more prejudice though the Governour and Castle became under their power Being got out their Prisoners were returned The Town took the allarm and all in posture of war but Baâ—klugh came back as he went to his own quarters two hours before Sun-set the thirteenth of April 1596. a quick and resolute design performed with civillity and honour which troubled the English to be out-done nobly in any Attempts For a Prisoner to be forced out of a strong Castle of Defence so far within England and so handsomely troubled the whole State of England And Bowes the Ambassadour had post order to aggravate the fact as a breach of peace unless Backlugh were delivered to the Queens pleasure Backlugh having done this gallant work maintained his defence as discretly That he marched not with design against any the Queens holds or in wrong to any of her Subjects but to relieve a Prisoner unlawfully surprized and illegally detained being seized in the day of Truce nor did he aâ—tempt his Relief until redress was refused And the sober 〈◊〉 civil prosecution he was confident would be justified according to the antient Treaties of both Realms when mutual injuries were referred to Commissioners as both their Majesties should appoint to whom most humbly he doth submit This not satisfactory the Queens displeasure took some time to consider until a moneth after it was remitted to Commissioners The King stood upon Justice and the rather against the Lord Scroop for the injury committed by his Deputy And in truth and reason it was less courtesie to take a Prisoner than to relieve him unlawfully taken Yet all would not serve the Borderers make inroades upon each other the English worsted in all till King Iames out of complement to his Kinswoman grown old and peevâ—sh 〈◊〉 content to moderate her passion by yielding unto the imprisonment of Backlugh to Saint Andrews and then conveyed to England more for form than guilt of punishment and so sent home again The Isles were up a petty Rebellion naked cold and hunger soon suppressed themselves yet in fear of Spanish Invasion or a Receptacle â—or Revolters a thousand men were levyed under Col. Stuart for fourty daies the custome to assist the King upon which the chiefs submit and give caution to compeer before the King And as there was too frequent cause by these
insurrections for this hurried nation often to assemble so in truth little effects followed as at this time for the Ministers to colour their intentions would seem to enact against Self-Interest and begin with themselves and fast pray and preach daies of Humiliation that was all that they would do as to their reforming But then there was sure to followcomplaint of the corruption of Courtiers in the Kings Palace and justice Seats and fear of the banished Lords and left not till the faults were found such as are common even to the best Estates Then would they ravel into Counsel of the Remedies to which the King usually would afford consent but by experience finding out their aim and danger of them to be too severe and earnest which they called zeal the King wisely chekt the bit Telling them That unless there were any evident proofs that the Popish Lords since their departure beyond Seas had conspired with Strangers to the prejudice of the Realm in Religion or State their cautions cannot in honor or justice be convict nor would he change the course of charity and conditions to their wives and children And indeed in prudence the King held himself unsafe whilst such potent Lords were abroad for much mischief they might do underhand unheard and unseen And reasoning one day with Mr. Robert Bruce a leading Minister How much it concerned him to have them recalled That Queen Elizabeth grown old if deâ—th should seize her he might need assistance of his own Interest of State and honour would ballance these Lords even against Catholique or Spanish Titles or other Designs and by such interest may be sooner drawn to the reformed Religion than by compulsory extremity Mr. Bruce yielded to the Reasons to call home Angus and Arroll but not Huntley being so much hated The Kings opinion seemed further to oversway Because Huntley saies he hath maried my Cosin one that I esteem a man of Power to do good or evil and so to be made accordingly In the end Bruce was so bold as to tell the King in plain terms I see Sir said he your affection to Huntley whom I must oppose and you either loose him or me for both you cannot keep This insolency lost him the King This for one example of many which their own Historians record of their Ministers good behaviours and certainly this mans ambition and popularity out-vied the Kings who espying his Trayn that conducted him by the Court into Edenburgh By my Sal said the King Bruce puts me down in his Attendants The exiled Lords of themselves resolved to return but withall possible submission and to avoid the least suspition of jealousie they separate Arroll through Holland Huntley came before and out of the North sends Supplication to the King and Convention at Faulkland in August to reside where his Majesty would appoint upon caution of good behaviour The King concluded aright Either to ruin them and their race or to receive them all into favour and hope of reforming into Religion The first course saith he hath its own difficulties and trouble for me if I could effect it The other is more consonant to my humour and mine honor I desire not destruction errors of conscience are not of matters of the mind I like not to receive conditions from Huntley rather to advise of commands to them all with clemency and favour which was submitted unto And the publick joy of the Queens second Birth of a Daughter made up the common reception of these Lords to community and fellowship with the Congregations She was born in August the 16. day 1596. and to be baptized in November But now the Ministry make work their Commissioners assembling at Edenburgh send Post to all their Presbyteries the State of affairs for so is the Commission That the forfeited Earls were come home without Warrant are like to be received to mercy without submission for their offences of Treason or reconcilement to the Church and conditions confirmed unto them The Preachers Pulpit these tidings to their flocks publick and private to provoke into Tumult and to be in readiness to resist the dangers of Church and State The first Sunday of December held forth for Humiliation and then the power in the Minister to tell all to the people and to inlarge as the zeal of the Spirit shall promp them They assume power to call to account all manner of men Entertainers Receivers or communicate with them to be canvased with the censures of the Church Una citatione quia periclitatur salus Ecclesiae Reipublica And with such busteling with several Commissioners from all parts of the Nation to make Residence at Edenburgh and daily to convene to receive intelligence from all parts and return Edicts and Ordinances to prevent if possible the eminent ruin to Gods People And this daily Convention being a New Modell so must it be stiled The Council of the Church And instantly they find oâ— make work the Lord Seaâ—on President of the Session was 〈◊〉 to account by the Synod of Lothian Not that he was guilty but that their power and pride might strike terror in the people for as they had no proof at all and so as by President of the Popes inquisition his Oath purges himself assures him to their Conclave and so gets home again This monstrous manner of muteny makes the Men of State to foresee mischief and not being powerful to remedie nor was it politick to publish their errors to the people or scorn upon the face of the Church The President Secretary Advocate and Laird of Colluthrie were commanded by the King to confer with as many of theirs To whom they move the question whether if these Lords satisfie the Church otherwise his Majesty desires not that then they might be pardoned and restored to their Estates But receive a Court Answer They came only to hear Prepositions and to remit them to their Brethren And so they did with Apostolick Conclusion Their acceptance of the Kings behaviour and respect to the Church not to resolve of any favour to them Rebells till the Church were satisfied But their censure by Gods Law condemned them to death and being also sentenced to lose their estates they cannot be legally pardoned nor restored or if the King or his Council should take upon them to do otherwise they were to answer it to God and the Country themselves make protestation to be free before God and man I shall not comment upon this Text. The Popish Sanadrin does so An Historian of theirs calls it Passionate zeal under which all impudence may be maintained should they be ignorant of the tender bosome of the Mother Church parent to Babes and to repentant sinners Mark their distinction The Church hath power to do as she pleaseth but the King must not he must do justice The King is wroth against them all common resentment private and publick And wise men advise the