Cradle we shall find him as it were begotten to an inheritance of true Nobleness and Courtlike grace in more real splendour than others that seemed to appear compatible with him they being onely made so by hand His life indeed was intricate sometime struggling with the by-paths-of Sovereign-favour and afterwards of State-affairs Which at last and at worst infected him with the disease of the times more malignant in his Counsellors and other his Confidents then in his own conscience or inclination and so drew him on by various disguises of subtilty with the composition of his good nature till the remain of his life was involved into Ingagements unstable the effects whereof smothered him in the uncouth deluge of destruction I have no adverse aim or end on either side of these two Lords to embase the freedom of my Opinion or Judgement being tryed into some purity of truth by my own knowledge of the former and of this other by more exact account than by most men or by any other pen may be expected But I am not delighted to urge out this story of the Lord Haies as not willing to speak evilly of any person of his Honour unlike Our Adversaries that spare none For we should know that virtue and vice are inherent in Man And as it becomes us to tell truth when we speak of their virtues so with modesty and compassion to discover their vices Either of them being examples for the future that to imitate this to shun And I cannot but with compunction remind that the monstrous excess of the Belly and the Back by his first President became then the mode of those Times for great Persons the most part to follow and for ordinary people to put in practice even to this day and may be feared for ever hereafter The Sword being sheathed up in the Scabberd Peace and Plenty brought the Law into esteem the onely over-ruling power to set men even by the ears and make them the more quiet ever after But then Cases increased so common that Conscience was troubled to reconcile them and made a Quarrel of Justice it self between Sir Edward Cook Chief Justice of Law and the Lord Elsmore Keeper of the Conscience who had the better of the Cause to the others ruine The Case was thus Sundry Citizens got Judgment in the Court of Common-Pleas by a juggling Trick that staved off an opposite Witness the Plaintiff nevertheless exhibits his Bill in Chancery against the Defendants who sit out Process of Contempt and refusing to answer are committed to the Fleet. And for their Relief exhibit their Bill in Star-chamber against the Lord Chancellour Elsemore grounded upon the Statute of 4 Henry 4 ca. 23. That the Iudgment given in the Kings Court â—hall not be examined in Chancery Parliament or elsewhere untill it be undone by Attaint or Errour c. and so thereby he had incurred Praemunire and the Chief Justice Cook interposed and encouraged the Complainants The Chancellour acquaints the King who sends to Bacon Attourney General Sir Henry Montague and Sir Randal Crue Serjeants at Law and Sir Henry Yelverton Solicitor these men report back That there hath been a strong current of practice and proceeding in Chancery after Iudgment at Common Law and many times after Execution continued since Henry the Seventh's time to this day in Cases where there is no other Remedy at Common Law unto which the Iudges are peremptorily sworn And with this Sentence on Elsmore's side the aged Statesman leaves the Seat of deciding and sits down himself to his devotions leaving the Seal to be born by Bacon But the manner of the dispose is mis-told by the Pamphlet who makes it the Chancellour's heart-break to be rid of the charge when in ttuth the Term come and Elsmore sick the King sent for the Seal by Secretary Winwood with a gracious Message That himself would be his Deputy and not dispose it whilest Elsmore lived to bear the Title of Chancellour nor did any one receive it out of the King's sight till he was dead nor long after And because we may be assured of the Kings gratious favour to that grave Chancelour see what he saies to him in two Letters following writ every word with the Kings own hand My Lord These shall first congratulate and thank God with you for your recoverie and growing to health again for which I protest to God I praied everie Morn and Eve since you was at the worst as oft as I praied for mie self And next you shall be herebie informed how senseable I am of that disgrace offered to that Court of mine wherein you sit especially at a time so unseasonable It cannot but be a comfort to you to know how every Man censured the pertiallity and barbarity of that action and for my part you maie assure your self it shall onelie be in your default of not informing me if I do not upon this occasion free my self from fascherie of any such inconvenients hereafter I mean of such jarring betwixt my Courts of Iustice for I will whollie upon your information and advice what course to take in the handling of this business assuring my self that your conscience and care for my honour and service will set me in a course for making such an example in this case as may settle good Government in like Cases hereafter and so I bid you heartilie farewell Febr. 25. 1615. New-market James Rex Thus the King writes then and continued unto this grave Statesman such gracious Favours and esteem to the last of his daies for a twelvemonth after this letter and not long before his death he writes again To the Right Trusty and Right Well-beloved Our Chancelour of England My Lord The Letter I wrote the last year from this same Town unto you proved so good a Cordial for your health as I am thereby incouraged to do the like at this time and as I both hope and praie for with the like success I cannot but be eztremelie sorrie for your want of health but I confess I am more sorry for the evil conceit you have of your own strength which makes me the more to presume upon the good Operation of this Physick of mine since I am sure it can work more upon your mind than anie other worldlie thing The Greatness of your place and the abilitie which God hath given you to discharge it to the honour of God and the great benefit of the Common-wealth is a cause sufficient to stir you up to be careful of your own health and even to fight against disease as far as you can but when you shall remember how evil I maie want you and what miss your Master shall have of you I hope that reason will be predominant to make you not strive but conquer your disease not for your own sake but for his of whom you maie promise your self as much love and heartie affection as might be expected from so thankful and kind a Master to
limitted And the Discipline erected by the Bishops and Super-intendents which had suffered some Diminution but no Synodical act for abolition should be confirmed And so with prosperous effects the Parliament ended and the King returns to his Sports at Sterlin The Presbyters now took up some colourable fears upon landing of one Amys or Amatus Stuart Lord Aubigny so called from Aubigny a Village in Aquitain a French-man born but of Scots family and kinsman to the King A notorious Guisit and Papist as they would have him The Town Aubigny was by Charles the seventh of France given to Iohn Stuart of the family of Lenox who commanded the Scots there and worsted the English which Town and Title depend ever since on the younger Sons and so on this Man He was sent over by the Guises or rather sent for over by Montross and Arguile to subvert Morton or to break the Truce twixt England and Scotland And no sooner landed but received with all honor and advanced in trust created Earl of Lenox and after created Duke a privy Counsellor of the Bed-chamber and Governour of Dunbarton Castle He was soon accused for engrossing so suddenly so much favour and since it hath been taken up for advantage who ever was like to please the King was thereupon cryed down by the Church for a Papist and so he was presented to Queen Elizabeth a dangerous Man and what mischief an evil favourite might suggest to the Kings maturity fitted to act evil impressions his Mothers Designs troublesome to both Realms more easy and proper for him to execute These in England and somewhat at home both together to wrest him from the King and Bowes is sent from Berwick to charge it home before the King and his Council The Queen of England not liking any so neer the King so much of the French Faction as he and one Monbirneau an Actor in the Massacre of France Bowes ere he entered into his errand required to have Lenox and him dismist the Board which was refused before the cause or crime were charged and bidden to produce his Commission for his peremptory demand which he could not and so was forthwith called home Yet to prevent the prejudice of his anger Alexander Hume is sent after to excuse it to the Queen so to learn the truth of her mistrust She as in such Cases to Messengers so all Princes take as Affronts to themselves and so did She and remits him to Burleigh disdaining to see him her self Burleigh Wisely assured him the Queens affections to his own person as a Protestant and his merits to his Master which she would own in any of his Ministers besides she knew him a good Counsellor for her Kinsman the King but denies you her presence who lookes not upon any Ambassadour from another where her own have been unheard and his Commission demanded without President But these are the fruits said he of your young Kings new Counsellors whose first principles are to discredit your best friends and interess their factions such as the Cosin Guises and a Frenchman or two of theirs sent over for that purpose to hazard ruin to the State if they be let to run on unless the Queens prudence and power prevent And so he parted Morton full of malice retires in discontent to Dalkieth disliking the state and manner of Court Miners for in doubt of some danger to his own person he came not neer the King but as commanded to counsel This distance gave his Enemies cause to fear and to prevent his hatred hasten their resolution to ruin him by the accusation of Iames Stuart sonne to the Lord Ucheltrie a bold-faced young man and had his arrand to charge him home which he did of murthering the late King and thus accused to his face and confined to his lodging he might expect no better than the last act of fate to take away his life and though a Pensioner to England this was done without dread of any But this ill news coming to Queen Elizabeth she Posts away Randolph now Post master of England to remove Lenox and to plead for Morton And in their great Assembly he recounts the Queens favours in freeing the Scots of the French with expence of English blood and treasure when her power could have seized all for her self the King then in his cradle his Regents successively owning these kindnesses till Aubigny and that other came in to ruine Religion and rule the King as their ward producing letters to some purpose which most men thought to be counterfeit and so effected nothing When nothing would serve his turn to turn out favorities Randolph takes upon him to set them by the ears and deals with both factions Lenox and Mortons underhand working jealousies to free themselves by force from eithers fewd which grew high and daingerous offering ayd from England to set things square which he made round These being marched to the Borders and the Scots as for the King prepared to receive them the English faction withdrew then and being discovered many were senâ— to prison and Randolph thus far besides his Commission durst not indure the power of his privilege but slipt away leaving his Nephew and Angus and Mar chief incendiaries to shift after and Morton to his just reward who was forthwith arraigned convict and beheaded for the murther of the Kings father and so confest by him before he dyed with this excuse that in those times of distraction he durst not but to do so The fatall Axe called the maiden himself had Patterned from that at Hallifax in Yorkshire which he had seen and liked the fashion for falling down between two posts executed him sure and sodain His Honour and Title was conferred on Iohn Maxwell He was an able man in what he undertook so that we may say as of Cato In hoc viro tanta vis animi ingeniique fuit ut quocunque loco natus est fortunam sibi ipse facturus fuisse videretur nulla ars neque privatae neque publicae rei gerendae ei defuit urbanas rusticasque res pariter callebat He was slow of speech with a natural composed gravity his countenance Majesticall his actions Princely had not that guilt of too much gathering and griping degraded those excellencies and left him naked to deserve nothing He desired to have a thing which dyed with him the Scots lawes reduced into Methode and it was urged as useless A great question with them to have Order in any thing that had none to serve God their opinion then hath since infected us His great wealth got together was scattered by unfaithful hands and hearts Livor post fata quiescit Discite mortales mortalia temnere illa Quaerere quae miseris non rapit aura levis About this time Ruthen lately created E. Gowry the son of William Ruthen Queen Maries deadly Enemy with other conspirators under pretence of
conserving the peace of Religion to which they were urged by the factious Ministery and which to secure they endeavour to remove Lenox and Arran from the King that was their colour but in their absence they invite the King to Ruthen Castle and their seize him Prisoner with threats of death untill he consented to the imprisoning of Arran banishing of Lenox into France and the return of the fugitive Angus out of England Of this the distressed Queen of Scots Prisoner at Sheffield writes to Queen Elizabeth a long letter full of miserable sadness Exquisitely expressing all her sufferings from the first of her subjects very oft Rebellion against her from which persecution being invited by her Majesty to rest secure upon her Princely succour and defence she is now by length of time drawn on to dispair of release from that hand which lodes her with lingring of a lothed life plainly and justly demonstrates her to be active and passive consenting to all her Mishaps She calls God to witness her Impartial affection to her Person and her innocency from prejudice of her affairs and State Desires justice of God and her and implores the mitigation of her misery and some more freedome though with Imprisonment of her Person Layes all particular differences home to the Conscience of the Queen and signs to her Letter Vostre tres desolei plus proche parente affectionate Seure Mary Reg. Indeed these were sharp and peircing which so much disquieted Queen Elizabeths Conscience that she consults to release her jointly to govern with the King And eight Articles were drawn up even such as they were the world knew she would never refuse for her extremity enforced her to yield to most unreasonable but this was but to spin time till the State could find some other expedients or some exceptions which dayly happened by Examinations Confessions or Suspitions grounded upon slender yet continual attempts of private persons and publique Designes of Forein States for the poor Queens interests which failing for her good she was though innocent sure to smart But because the manner of the Kings restraint in Ruthen is diversly related and which the Kirk justified for their own ends I shall adventure upon the Truth in these particulars hereafter Some of the Lords combining mischief to the King under colour of Religion and Liberty of the Kingdom took occasion and advantage of the Duke of Arrans absence from the Court and detained the King at Ruthen These Conspirators were Iohn Earl of Mar William Earl Gowry Lords Lindsey Boyd Clames and Oliphant Some Abbots and Lairds and stopt the King going to hunting who not being answered to the reason and cause grew in passion which concluded in tears to be thus vilified But it was reproached That better bairns should weep than bearded men This news hastens the Earl of Arran to Court where he was soon secured and bid be patient with safety of his life for his brother William Stuart was wounded by the way and kept Prisoner The like course they take with some Noblemen sent by the Duke of Lenox to enquire of the King Who cried out to them that he was a Captive and desired his good subjects to release him The conspirators excused themselves that their surprize only restrained the King from Arran and from Lenox whose banishment they threatned into France And forcing the King to pacifie the people with a Proclamation That for removing some differences His Majesty interposed himself Mediator and resolved to reside at Perth being his own free and voluntary choice and commanding such as were in Arms upon pretext of his restraint to dissolve within six houres on pain of death The Duke raises Forces but was countermanded by the Kings Letter to depart the Realm within twenty daies yet he retires to Dunbarton where the Noble-men and others flock to defend his Cause These uprores were posted to Queen Elizabeth who sends Sir Henry Cary and Sir Robert Bowes to advise the King to be counselled by the Lords against the Duke and Arran and to restore the Earl of Angus exiled in England since Mortons execution This last was obtained and soon after he was accepted into favour but much ado to incline the King to part with Lenox The Lords carry the King to Edenburgh where the Ministry justifie their act joyfully singing in Procession the 124. Psalm New Israel may say c. And the Assembly then convened ratifie the attempt on the Kings person at Ruthen and published it in all the Churches of the Realm to the regret and grief of all good men to see a bad cause thus coloured over and defended by the Church which made much for their Popedom that by these means of distraction the Lords gave themselves up to be governed by the Others Judgements Many there were that sided herein the most honest refused to subscribe But Arran was detained prisoner till the Duke was gon over Seas to France who fell sick at Sea and had leave to land at Blackness and so to pass by Queen Elizabeths favour though England where his sickness contracted into a Disease of which he died in Paris next year after and confessed the faith of the Church of Scotland which he alwaies maintained though in the Kirks policy he was accounted a Court Papist Two Ambassadors come from France Menvel and la Matt through England with whom was sent Davidson from Qu. Eliz. to undermine their Message being To work the Kings Liberty to confirm him to the French and renew the purpose of Association which was That the Queen of Scots should communicate the Crown with her son and administration of Iustice so that he may be acknowledged a lawful King by all Christian Princes and thereby all domestique factions suppressed This Embassy was voted in the Kirks Assembly to be a special grievance a wicked practice declaming in their Pulpits against la Matt who being a Knight of the Order of St. Esprit wore the badge of the White-Cross upon his Shoulder which they called The badge of Antichrist and him The Ambassadour of the bloody Murtherer meaning the Duke of Guise who sent him thither The King not able to do it otherwaies desired the Magistrates of Edenburgh not to demit them without a Feast at parting which was concluded on the Monday after And all cost prepared in Order thereto When on Sunday the very day before the Kirk proclame in their Pulpits the next day to be kept fast and in malice to the Kings honour therein appointed three Preachers the one succeeding the other to weary the poor peoples attention from Morning till night Thundering Curses Anathema's and Excommunication against all Nobles Magistrates and Others that attended the Ambassadors The good King sees these insolencies but lodges them up in silence till he got power to remedy these wrongs About this time dies Buchanan whose Character is chronicled by the Arch-bishop of Saint Andrews in his History of
Rebellion And therefore Proclaims all their particular proceedings with remonstance of their Misdemeanors and to prevent disorder now and confusion to follow by advise of his Councill discharges the commissioners and dissolves their convention illegal in it self and worse unlawfully executed by them Whom he commands by Name to depart home in 24 hours to attend their flocks and duties in their Ministery And no wayes to return to convene either within or without the Burroughs of Edenburgh under the pain of Rebellion But we tire the reader and yet hereby we may discover what they did in such like many more for to the death they will proceed Hereupon they consult that seing they had been convened by the warrant of Christ to take care of hazard to the Church Et ne quid ecclesia detrimenti caperet They should obey God rather than man And notwithstanding any charge to the contrary to continue together and to send to the Octavians those 8 Councellors of State formerly mentioned that seing at the entrance to their places the Church was in quiet and peace and now to be imbroyled the Enemies to truth overpowring and all by their councels and connivance The event of evil must fall upon them the Contrivers or Connivers The President hastily made answer As they began so let them end the Councills advice neither was desired nor given on either part and therefore would not meddle between the King and them but leave it to his Majesty and Nobles This answer taught them fresh advice to remonstrate to the King himself by Messengers of their own and fearing the effects the Kings anger humbly interceed for surcease of Processe against Master Blake Until his Majesty should be pleased to convoke an Assembly for deciding all controversies to the Kings content To which he consented provided they would passe by the Declinator or at least to declare that it was not a Generall but a particular Declinator used in Blakes case only as being a cause of slander and so appertaining to the judgment of the Church This by the wiser was held fit to be received as an end of contention No! Rather to stand to their tacklings Gods cause Against worldly powers Ravelling into former examples of prevailing against Princes Others argued to try Mastery with Majesty may faile of effects as yet the Court stand in some fear of the Church and to keep up their concept let us take the best conditions we can least our weaknesse appear if we have the worst and so the terror of the Church despised or neglected Much will portends little wit and as it is often seen who gripes at all grasp nought but wind and to levy all their wills is to lose all their wits of which God send them more plenty than appears by their proceedings But not prevailing the King proceeds to proclaim their departure and Blakes appearance as afore ordered The next day sunday solemnized the christning of the Princesse Bows Ambassadour gave Her name from his Queen Elizabeth and the Town of Edenburgh by their Majestrates assisted as other witnesses Yet all that day in the Churches were bitter invectives The Commissioners of the Church presented a Petition to the King and Council That seing the decision of intricate questions could work no good and was subtilly urged to ingender discention between his Majesty and the Church he would be pleased to remit the discision to a lawfull Assembly and not to incroch upon the limitts of Christs Kingdom upon any pretence but to bend his actions against the common Enemie of the Church and state the Papists Then they exhort the Noblemen to give his Majesty faithfull Counsel and not to be subject to the guilt of sin by the craft of such as seek the thraldom of the Gospel who intend to exite their honours to be the Executors of their malitious devises With order to those that presented this Petition that if the same was refused to enjoyn them to protest against the preceeding of the Councel The King rejects it as not worthy of Answer commanding to call Blake to his summons First That he affirmed in Pulpit that the Popish Lords were returned with his Majesties knowledg and further assurance wherein he had detected the treachery of his heart Secondly that he called all Kings the Divells barns and that the Divel was in the court and in the Guiders thereof Thirdly That in his prayers for Queen Ann he had used these words we must pray for her in fashion but we have no cause she will never do us good That he called the Queen of England an Atheist That he had discussed a suspention granted by the Lords of Session in Pulpit and called them Miscreants and Bribers That the Nobillity were degenerate godlesse dissemblers and enimies to the Church That the Council were Holliglasses Cormorants and men of no Religion And that he had convocated divers Noblemen and others within Saint Andrews in June 1594. caused them to take arms in troops of Horse and Foot and thereby usurped the power of King and Council After reading of the summons Robert Pont their Minister protested that the processe in hand should not prejudice the Church To which the King answered that he meant not to meddle with matters of doctrine but to censure the treasonable speeches of a Minister which he and his Councel would judg except that by scripture it could be held forth that Ministers were not subject in these cases to judicatures Blake makes answer that the accusations were false calumnies producing testimonies of two which he alleged should be preferred to aâ—y report whatsoever Next he said That to the first six points the Council were not lawfull Iudges of speeches in Pulpit but the Presbytery where the sermon was uttered And so presents a second Declinator But being put to voyces it was sentenced That the crimes and accusations mentioned in the summons were seditious and treasonable and that the King and Council were competent Judges in all matters criminall or civill as well to Ministers as other subjects The Council dissolved the King willing to conserve peace and amity to the Ministers offered terms of reconciliation and to return Blake to his charge and Pastorage Bruce answered That if it concern'd only Master Blake the offer might be accepted but the liberty of Christs Kingdom being wounded by the Proclamation and by usurping spiritual Iurisdiction of greater consequence then Master Blakes life and twenty more and that if those things were not retreated they would oppose during the last aspiration of breath The King the next morning treated with some of theirs Shewing how far he was from impairing spiritual Jurisdiction that he would amplifie and inlarge the same but said he to discourse of State in Pulpits is intollerable I clame to judg in matters of sedition and civil and criminal causes and of speeches that may import such crimes and if the Pulpit should be a place of privilege under
upon two foundations one must fail and distract the other therefore the more certain To surprize the Queen the rest would follow The manner thus Certain select persons well known at Court for access should distribute themselves into the Present Guard-Chamber Hall and utter Court and Gate And in each of these places one principal person to guide the assistants Their distribution Sir Iohn Davers to the Presence and Guard-Chamber to seize the Halberds of the Guard Davis to the Hall Blunt to the Gate These in readiness by a signall Essex should remove from his house and well attended or to meet him should with correspondence of the setters and some tumult and confusion effect their design Thus the plot-form the second act to their Tragedy that Essex should prostrate him self at the Queens feet desire removall of evil Counselors who possessed her Majesty and State Then to summon a Parliament alter Government and confirm conditions to themselves In this consult Essex inclined most for possessing London as a surer ground to that of the Court also Being wedded to his false overweening opinion of the people and Citizens and their number Suspecting belike the instinct loyalty of many of his Train when the fury should be over and he perhaps left in the lurch with the fewest of his friends The true Nature of usurping Rebells to â—rust more to the main of Multitude than of qualitie especially Essex who had gotten I know not how nor by what merit the specious Mark of a Patriot proper to infuse and mint jealousies into the heads of the more unworthy and less prudent and these he could easily stirr up by Emissaries who lye at watch to bo utefeux it and inflame mens minds to disperse abroad unshrowded sparks of discord and that way to convert a Kingdom into a flame But this Counsel was afterwards refined by Essex Cuffe and Blunt To assemble a Troop to come sodainly from the Mews in scattered Numbers and unite in a moment at the Court Gate And as good Common-wealths men lest their new contrivements should want Ministers they would supply in a readiness of their own for Counselors and Servants to the Queen in place of such evil ones the beaten path of Traytors as they thought fit to remove which should be their plausible pretext to their own practices and a general ground to the common people The day drawing nigh but not assigned being left to my Lord the Curse of the Psalmist interposed like the untimely fruit of the woman brought forth before it came to perfection For many that knew of the plot diligent with too much resort at Essex house brought forth mutterings of somewhat which states soon discover The afternoon 7. February before the next day of Rebellion was sent to Essex house Secretary Herbert to summon him before the Council sitting at Salisbury Court at the Lord Treasurer Buckhursts which he excused not to do under colour of being ill And suspecting the discovery of his Trains and doubting delays resolved upon his enterprize the next day Sunday But then upon advertizement of doubling the Court Guards and allarum there he determined on his former conceipt of being the peoples darling and the Minion of London upon confidence of Sir Thomas Smith the City Sheriff Giving out that Evening that he was sent for to Counsel to be betrayde by an Ambuscado of Musketeers upon the water by the devise of the Lord Cobham and Sir Walter Ralegh to murther him by the way This mean design the best he had took fire like a squib the Messages and warning to his chief confidents all that night and next morning And his servant Temple took up his Tale and told it to the City And to colour it the more watch and ward was up all night to open his gates to all comers in so that the morning hastens Mannors Earl of Rutland Southampton Lord Sands Sir Henry Parker called Lord Mounteagle with some Number of Knights and Gentlemen and being Sunday it gave occasion to others to come to his Sermon whom he carressed with his Cap in his hand telling them his former tale But to his more confidents That he was sure of the City and that strength which the Queen could not oppose nor his Enemies withstand his revenge Alwaies with this caution to his Gate-Keepers to suffer none to return out to tel News Sunday at 10. a clock the Queen had intelligence and yet was willing to cast water on this fire ere it should flame to a Rebellion her authority before her force she sent the Lord Keeper Earl of Worcester the Controuler of hir Houshold the Lord chief Justice who finding the Gates shut after some stay were let in by the wicket but all their servants kept out except the bearer of the Seal the Court full of Company with Essex and his Lords to whom the Lord Keeper said That the Queen sent them to understand the reason of their Assembly that if they had cause of griefs against any persons whatsoever they should have hearing and justice Essex told them aloud That his life was sought to be murthered in his bed and had been perfidiously dealt withall The Chief Justice answered If any such matter were attempted or intended it were fit for him to declare it and to be assured of their faithfull relation and so He should not fail of her Majesties Princely Indifferency and Iustice. Southampton objected the assault upon him by the Lord Gray to which the Chief Justice said that justice had been done and the party in prison The Keeper required Essex to impart his griefs if not openly yet privately and promised satisfaction Upon this arose a high clamour of the multitude Away my Lord they abuse you they destroy you they undoe you you lose time The Lord Keeper putting on his hat commanded them all upon their Allegiance to lay down their weapons and depart When Essex and all the rest clapt on their Caps and going into the House the Lords followed him as to have private conference and fearing the Multitude who â—ryed out kill them shop them up keep them pledges â—â—st the great seal out at window And accordingly he gave them in custody principally to Sir Iohn Davis and one Owen Salisbury a seditious notorious robber guarding them with Muskets fired and cockt and left the charge of his house to Sir Gilly Merrick bidding the Lord Keeper to have patience whilst he would take order with the Maior and Sheriffs for the City and be with them again within an hour So goes forth with his Number 200. men entered Ludgate and with a fearfull timorous discomposed tale repeated That he should have been murthered and so passing through Cheap-side unto Sir Thomas Smiths house in Philpot-lane who was at Church where he shifts into a dry shirt the passion of fear firing him into a hot sweat The people flocking and gazing as he went To whom
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
Sovereigns choice Service And yet this Man â—ot long after proved the Contriver and the most malicious Prosecutor of such conspiracies as may be said to be the forerunners of that Kings miserable and final destruction I cannot learn whether he be living in this sin and so as yet spared for Gods mercy or unrepentant dead to his Judgments sure and suddain But to our business in Scotland In the next Assembly at Glascow the Bishops took upon them to inlarge their own authority in the Administration of all Church affairs And yet not willing to make any change though by the Kings command without brotherly approbation of the Ministers They assemble together and consent unto Articles of Government and power of the Bishops In which Assembly the Popish Lords supplicate for absolution and to subscribe to the confession of faith Huntley did so and returned to his own County Arroll went about it too but suddainly fell into such confused terror as offering violence upon his own person he was spared by his intercession of tears and prayers not to be forced against the reluctancy of his Conscience who in truth of all that sect shewed evermore much of tender minde to endeavour satisfaction to himself and so received more civility from the Church ever after Angus was most averse and had leave to banish himself into France where he died at Paris some years after There had been a good progress in Scotland for quieting the Clergie and renewing the repute of the prelacie And therefore the Arch-Bishop of Glascow with the Bishops of Brigen and Galloway having audience of the King in relation to the affairs of the Church of Scotland Told them with what care and charge he had repossessed the Bishopricks out of the hands of the Laity and other sacreligious pretenders and settled them upon reverend Men as he hoped worthy of their places But since he could not consecrate them Bishops nor they assume that honor to themselves and that in Scotland there was not a sufficient Number to enter charge by Consecration he had therefore called them into England that being here consecrated themselves they might give ordination at home and so the Presbyters mouths stopped For they had maliciously and falsely reported that the King took upon him to create Bishops and bestow spiritual Offices which he never did always acknowledging that Authority to belong to Christ alone and whom he had authorized with his own power One thing admitted dispute The Arch-Bishops of Canterbury and York always pretended Jurisdiction over Scotland and so now this consecration might be taken as a voluntary subjection to this Church But therefore London Ely and Bath performed it to them and they ordained others at home And carried back Directions for a High Commission Court also for ordering of causes Ecclesiastical which were approved by their Clergie and put into obedience From these good Men The King fished out the behaviours of his Council there and therefore to settle them in terms of honor and state at their Table they were to convene twice a week and None to stay in the Room but Counsellors nor any solicitations there But being come instantly to take their places sitting not standing unless they pleaded for themselves and then to rise and stand at the end of the Table for they were wont to quarrel and to cuff cross the board No Counsellor to be absent four days without leave of the rest Each single Counsellor to be Justice of Peace in all the Kingdom to preserve respect to their places they should not trample the streets on foot but in Coach or Horse-back with footcloths This brought some esteem to that Board who before were bearded by every Kirk-Iohn or Lay-Elder And after this posture of Governing Patrick Stewart Earl of the Isles Orkney and Yetland was sent for to humble himself to imprisonment A Custom also which was setled in the Council to command any Malignant to be in Ward by such a day or else to be horned Rebell This great man at home is there humbled before the Bishop of Orkney and is by him examined so soon is the Kings ordinance obeyed His Crimes grew up from his poverty made so by his own riot and prodigality which now he seeks to repair by shifts of Tyranny over the people under his Command and being by the Bishop reported so to the Council he was committed to Prison untill the pleasure of the King deals further in Mercy or Justice But to exercise that Nation by degrees of punishment he was afterwards released and returned home to better behaviour wherein he became for the future so faultie that two years after he was executed We have hinted heretofore the Kings business at home which in truth was his wisdom to wade through To suppress the trayterous designes of the Papists and to settle the fiery dispositions of the Schismaticks for the first their own violent progression in their late Pouder-plot drew upon them publick lawes of chastisement But these Other alas their Motion now not so violent yet perpetual the more warily to be dealt with And because no disputes Arguments nor Policies could reduce them therefore the spiritual High-Commission-Court took some course moderately to regulate their Insolencies Busie this Parliament had been in disputes of the Common and Civil Laws The first strained to such a necessitary power as in short event would mightily qualifie the other to nothing Besides this Session sate long and supplyed not the Kings wants wasting time as ever sithence in seeking Grievances To palliate the Lower-House some Messages had informed his necessary expences and to both Houses the new Treasurer late Earl of Salisbury opened the emptiness of his Office And at last the King speaks for himself at a Meeting at White-Hall He spake well and now prolix which yet I must present thus long Perfect Speâ—ches open the times and truth to posterity against our Carping Adversary I need not quote his pages take his whole History passionately and partially distempered throughout The King forgets not their late loving duties and therefore recompenseth them with a rare present a Chrystall Mirror the heart of their King which though it be in Manu Domini so will he set it in oculis populi The principal things says he agitated in this Parliament were three First Your support to me Secondly My relief to you But the third How I would govern as to former constitutions or by absolute power He begins with the last That Monarchy is the supremest thing upon Earth illustrated by three similitudes First out of Gods word You are Gods Secondly out of Philosophie Parens patriae Thirdly out of Policie the Head of this Microcosm Man For the first The attributes of God Creation Destruction Reparation to judge and not be judged and to have power of Soul and Body so of Kings and can make of Subjects as at Chesse a pawn to take a
Bishop or Knight to cry up and down their Subjects as their coin And as their Soul and Body to God so to the King affections of the Soul and service of the Body And he justified the Bishops late Sermon of the Kings power in Abstracto to be true Divinity But then as to the general so to exhort them how to help such a good King as now they have putting a difference between Power in Divinity and the setled state of this Kingdom For the second fathers of families had Patriam potestatem vitae et Necis for Kings had their original as heirs from them planted in Colonies through the world And all laws allow Parents to dispose of children at pleasure For the last The head judgeth of the Members to cure or cut off But yet these powers are ordained ad correctionem non ad destructionem and as God destroys not but preserves nature so a father to his Children a Head to his Members But then he distinguished the state of Kings in Original and of setled Monarchs For as God in the old Testament spake by Oracles and wrought by Miracles yet after the Church was setled in Christ and a cessation of both he governed by his revealed Will his Words So Kings beginning by Conquest or Election their Wills Lawes and being setled in a civill policie set down their mindes by Statutes and at the desire of the people the King grants them and so he becomes Lex Loquens binding himself by a double Oath Tacitly as King and expresly by his Oath at Coronation a Paction with his People as God with Noah If otherwise he governs them a King turns Tyrant Either govern by Law says the widow to Alexander Aâ—t ne Rex sis There needs no Rebellion against evil Kings for God never leaves them unpunished And concludes That to dispute what God may do is Blasphemy but Quid vult Deus is Divinity so of Kings Sedition in Subjects to dispute a Posse ad Esse He professes Reason for his Actions and Rule for his Laws He dislikes not the Common Law favourable to Kings and extendeth his Prerogative To despise it were to neglect his own Crown The Civil serves more for general learning and most necessary for commerce with Nations as Lex Gentium but though not fit for the general Government of this People yet not to be therefore extinct not to prefer Civil before Common Law but bounded to such Courts and Causes as have been in ancient use as the Courts Ecclesiastical Admiralty of Request reserving Common Law as fundamental Prerogative or Privilege King and Subject or themselves Meum Tunm No Kingdom in the World governed meerly by Civil Law their Municipal Laws always agree with their Customes God governed his People by Laws Ceremonial Moral Iudicial Iudicial onely for a certain people and a certain time Example If Hanging for Theft were turned to treble restitution as in Moses Law What will become of the middle Shires the Irishry and Highlanders If fundamentally be altered Who can discern Meum tuum It would be like the Gregorian Calendar which destroys the old and yet this new troubles all the Debts and Accounts of Traâ—â—ick and Merchandise Nay the King avows by it he knows not his own age for now his birth-day removes ten days nearer him than it was before that change And yet he desires three things to be cleared in the Common Law and by advice of Parliament 1. That it were in English for since it is our Plea against Papists for their language in Gods service an unknown Tongue Moses Law being written in the Fringes of the Priests garments so our Laws that excuse of ignorance may not be for conforming themselves thereunto 2. Our Common Law is unsettled in the text grounded upon Custom or Reports and Cases called Responsa Prudentum Indeed so are all other Laws save in Denmark and Norway where the Letter resolves the circumstances making variations that therefore so many Doctors Comments so many different Opinions the Iudges themselves disclame and recede from the judgment of their Predecessors the Parliament might set down Acts of Confirmation for all times to come and so not to depend on uncertain opinions of Iudges and Reports nay there are contrary Reports and Presidents The same corruption in the Acts of Parliaments which he called Cuffing Statutes and penned in divers senses and some penal which no man can avoid disagreeing from this our time yet no tyrannous or avaritious King would endure 3. For Prohibitions he hath been thought to be an Enemy to them he wishes that each Court might have limits of Iurisdiction certain and then if encroached upon Prohibitions to issue out of the Kings Bench or Chancery and so to keep every River within his proper banks The abuse and over-flowing of Prohibitions brings in most Moulture to their own Mill. The King had taken it in task in two or three several Meetings before and after a large Hearing he told them Ab initio non fuit sic And therefore ordered each Court to contain themselves within their own bounds That the Common Law be sparing of their Prohibitions also and to grant them 1. In a lawfull form but in open Court onely 2. Upon just and mature information of the Cause for as good have no Sentence as not Execution He instanced in a poor Ministers Case thereby enforced to forbear his flock becomes non-resident obtains a Sentence and expecting the fruit is defrauded by Prohibition like CHRIST'S Parable That night shall his soul be taken from him Tortured like Tantalus gaping for the Apple it is pulled away by Prohibition And concludes with the difference of true use and abounding in abuse to be considered The second general Ground Grievances are presented in Parliament as the Representative of the People the highest Court of Iustice but concerns the lower House properly The manner opportune in Parliament or inopportune as private men but then not to be greedily sought for nor taken up in the streets thereby to shew that ye would have a shew made of more abuses than in truth of cause not to multiply them as a noise amongst the People So that at the very beginning of this Session each one multiplied and mustered them as his Spleen pleased He therefore thanks them for that these finding many such Papers stuft up in a Sack rather like Pasquils than Complaints proceeding more from murmuring spirits they made a publick Bone-fire of them all a good effect of an ill cause So to take care to prevent the like lest the lower House become the place for Pasquils and may have such Papers cast in as may contain Treason or Scandal to the King and his Posterity the ancient order was to be openly and avowably presented to the Speaker first He confesses that they are just and faithfull to their Trust to be informed of Grievances and acknowledges that his publick Directions and Commissions may be
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
ordinary custome lately entertained boldly to dispute the high points of his prerogative in a popular and unlawful way of Argument not heretofore usual Making them senceable how weak and impertinent the pretence of their Oath was in a case of this nature as if the Founders of their Oath His Predcessors were so intent in their zeal to be uncharitable to make a weapon to wound their Successors being an ordinary course to put off Hearings and Determinings amongst private persons Termly And commands them peremptorily not to proceed further in that Plea till his return to London there to receive his further pleasure by himself Your Oath being only for avoiding importunites to the Prince of Suiters in their own particular The King come to London convenes them all to the Council Table and himself takes in sunder the parts of the Iudges Letter and their Errours in proceeding both in matter and manner In matter by way of omission as commission When the Counseller shall presume to argue his Supremacy at the Bar and they not reprove his Insolency Himself observing since his comming to this Grown the popular Sort of Lawyers most affrontingly in all Parliaments have troden upon his Preâ—ogative though neither Law nor Lawyer can be respected if the King be not reverenced And therefore it became the Iudges to bridle their impudencies in their several Benches especially the Courts of Common-Law who had incroached upon all other Courts High Commission Councils in Wales and at York and Courts of Requests For the Commission in Matter whereas their Letter excepted against his Majesties command to be against the Law and their Oath He tells them deferring upon just and necessary cause is not denying or delaying of Instice but rather wisdom and maturity Nothing more proper than to cousult with the King where it concerns the Crown As for the Manner The Kings absence before the Argument and yet his resolved return speedily and the case though lately argued could not receive Iudgement till Easter Term after as the Iudges confessed And for them to say that the case was private interest of party and party One of the Parties is a Bishop that pleads for the Commendam onely by vertue of his Majesties Prerogative And that they could not prove any Solicitation of either Parties for expedition And for the form of the Letter it was undecent besides to proceed and to return a bare Certificate without giving reasons therefore Upon this all the Iudges fell down on their knees acknowledging their Errour and craving Pardon But for the Matter the Chief Iustice Cook entered into a Defence That the stay by his Majesty was a delay of Iustice and therefore against Law and their Oath that as they meant to handle the Pleading it should not concern the King's Prerogative To which the King told him That for them to discern the concernment of his Prerogative without consult with him was preposterous And for those of Law and Oath he had said sufficient before Therefore he required the Lord Chancellour's opinion herein whether against Law and their Oath The Chancellour excused himself as to that of Law referring it to the opinion of the King's Council whereupon the Atturney General Bacon said That to put off the Day was no Delay of Justice nor endangered their Oath for the King's Reasons were onely that it concerned his Prerogative and required therefore a stay for a small time and advised the Judges whether this refusal of their did not rather endanger their Oath which was To counsel the King when they are called but to counsel after the matter is past was a simple refusal to give him Counsel at all And all the rest of the Council concluded with him The Chief Justice Cook excepted That the King's Council should plead against the Iudges being their duties to plead before them not against them Whereunto the Attourney replied That the King's Council were by Oath and Office not onely to plead proceed and declare against the greatest Subject but also against any body of Subjects or persons nay were they Iudges or Courts or House of Commons in Parliament and concluded That the Iudges challenge was a wrong to their Places and appealed to the King who was firm for them The Chief Justice replied He would not dispute it with his Majesty The King replied Nor with my Council So then whether you do well or ill it may not be disputed The Chancellour gave his opinion with the King and his Council Hereupon the positive Question was put by all the Lords Whether in a Case depending which the King might conceive himself concerned in power or profit and requiring to consult with them they ought not to stay proceedings All the Judges submitted thereto onely the Chief Justice excepted saying When that Case should be then he would do his duty But the Chief Justice of the Common Pleas said For his part He would always trust the justice of the King's command But the Day drawing nigh the next Saturday for arguing the Commendams the King desired the Judges to express Whether they would then argue upon the Kings general power of granting Commendams yea or no. They all concluded Not to draw into doubt his power but to insist upon the point of Lapse which they conceived to be of a form different from former Commendams and concluded to correct the insolencies of bold arguing the Prerogative Judge Doderidge concluded for the King That the Church was void and in his gift and might give a Commendam to a Bishop either before or after Consecration during Life or years The Judges being gone the privy Council resolved that the Kings desire was not against the Judges Oath nor against the Common Law to require and all of them subscribed to the same This Dispute was publiquely scanned and censured in favour of the Judges and on the contrary for the King but the truth I have really extracted out of the Records of the Council Table That you may thereby see the true scope of those times The State of Spain having little to do in Martial affairs K. Philip the third now in peace thought to spend some time in Treatiâ—s wherin he seldom failed of advantage The late French King Henry the fourth had 3. daughters the one maried to the Duke of Savoy which the Spaniard misliking to have those Neighbours lately so great Enemies now to be linkt in love without his Interest conceived it good policy to indeer the young King Lewis of France in a cross Match to his Daughter Infanta Anna and to marry his son Philip to the Princess Elizabeth the second daughter of Henry the fourth And thus those cross Nuptials might seem to cement the affections of the three States lately so imbroyled in War which no doubt either of them had good cause to accept though it was said S. P. Q. R. Spain Pope Queen-Regent had the chief hand to undo the young King For the Father Henry the fourth had made
so honest and worthily deserving a Servant and so praiing God to bless this mie cure I bid you heartilie farewell Febr. 9. 1616. New-market James Rex Hereupon there was some appearance of his amendment which the Prince congratulates under his own hand My Lord Chancelour As I was verie sorrie having understood of your dangerous sickness so I do much rejoice of the good appearance of your recovery which Thomas Murrey hath declared unto me and of the affection and caee you have of my person and of mie Estate for which you and yours shall ever find me most willing to give testimonie to the World how much I respect those who are truly affected towards me I hope bie Gods grace to give you particular bie mie self and that God shall give you health and strength of bodie and mind that the King Queen and I with this whole Kingdom may long enjoie the fruit of your long wise and religious experience which wishing from my heart I end New-market Febr. 18. 1616. Yours Charles Pr. These being the last Letters and thus assured of the acknowledgement of his Masters favour toward his merit he takes leave of this Life the fifteenth of March following 14. of Iac. 1616. The Common-pleas or Comunia Placita is the Kings Court or Bancus Communis Anno 2. Edw. 3. cap. II. so called Quia Communia Placita inter subditos or controversies between common persons it was now held in Westminster Hall But in antient times moveable as appears by Magna Charta cap. II. And that upon grant of that Charter the Court of common-pleas was erected and settled and one place certain viz. at Westminster wheresoever the King lay and that after that time all the Writs ran Quod sit coram Iusticiariis meis apud Westmonast Whereas before the party was commanded by them to appear Coram me vel Iustitiaris meis simply without addition of place see Glanvile and Bracton the one writing in Henrie the seconds time before this Court was erected the other in Henrie the thirds time who erected this Court. All Civil causes real and personal are or were in former times in this Court according to the strickt Law of this Realm And by Fortescue cap. 50. it seemeth to have been the only Court for real causes The chief Judge thereof is called Lord Chief Iustice of the Common-pleas accompanied with three or four Assistants or Associates who are created by Letters pattents from the King and are installed as it were upon the Bench by the Lord Chancelour and Lord Chief Iustice of that Court. See Fortescue ca. 51. who sets down all the Circumstances of their admission The rest of the Officers are these the Custos Brevium three Proto-Notaries or principal Notaries called also Pregnotaries Chirographer Filazers in number fourteen Exigenters four Clerk of the Warrants Clerk of the Iuries or Iurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoines Clerk of the Out-laws The Common Law is so antient we know not the commencement Lex Angliae peculiar onely to this Land Of long time following the Conquest ever more quarrelled for enjoyment of antient Liberties until Henrie the third allowed English men English Laws add in his ninth year granted the great Charter which himself infringed and thereupon followed fourty years Barons Warrs as Histories stile them until in his fifty two year that Charter was again reviewed and compiled and solemnly sworn unto by succeeding Sovereigns The ground of which binds the King per Legem terrae and what is this Lexterrae Leges Anglicanae fuerunt approbatae consensu utentium Sacramento Regum confirmatae Lex facit Regem attribuat igitur Rex legi quod Lex attribuit ei viz. dominationem potestatem ubi non Lex ibi non Rex So then Lex fecit Regem Not so neither Kings in England before Lawes but indeed Communis Consuetudo Regni fuit Lex terrae This being the Law without commencement as the Genius to all and Parliaments Statutes Prerogatives of Princes Customes of Counties Cities Burroughs Mannors are but the species of it For general Customs made the Law authorities Parliaments Limits Prerogatives and Customes consonant or disonant to Reason so much for Communis Lex But in practice say some the Chancery is above Law and yet duely examined that also is allowed per Legen terrae as a species of that The reason thus The Common Law grounded upon general Maxims they might be too severe or too relax and therefore necessarily requiring Equity Secundum aequum bonum sanam consâ—ientiam And this Chancelour notwithstanding limitted by Law and erected by Law although it seems above Law For No Judge hath Jurisdiction without some grant or commission out of that Court under the Great Seal which is intrusted to the Chancelor No Judge can hold plea without an Original Writ framed in Chancerie and by his appointment returnable before the Judges and yet all these considered the King the Law the Chancery agree together The Chancerie then must needs be erected subsequent by the common Law to relieve and supply the Law in some cases where the simple subject was cosened by craft ignorance also may offend without malice Moses Law in divers cases Political and Ceremonial he could not decide uncleanness by touching the dead but referred it to God The name of this Officer is Dominus Cancelarius Angliae a a Cancelour do but then quere what he might cancel Some say it is Cancelare Iniquom legem commâ—nnem Iudicare secundum conscientiam but this is an errour will the Law give power to deface her self that made it The Chancelour cannot stay the course of Law but onely injunct the person not to follow the Law not to cancel the Law for notwithstanding this injunction if the party will sit out contempt and proceed at common Law the Judges cannot deny him Indeed rhis Officer hath his name of canceling the Kings Letters pattents so much of honour to the Law as the other way had been dishonourable The nature of Letters pattents bind the King and his Successors and all Subjects though unfit or unjust the Judges of Law are co judge it void but cannot deface it nor the Seal but the Chancelour as a Judge of Law may but not by his absolute authority by his ordinary power and course of common Law is to judge of it and to hold plea of it and to call the party interessed by process of Law and so to repeal it by Judgement and then cancel it which no person can do but And this was done Transversa linea circumducere vel conscindere aliquod Edictum decretum contra Principem aut jus Reipublicae impetrari which cancelling is made with Lines drawn across like Latices and it is said that Judgement seats were of old compassed with Latices or Barrs cross waies to defend the Judges and Officers from the prease of people and yet not to hinder
their view Chancells were so divided from the body of the Church and thereupon so called And the Lord Chancelour and Lord Keeper have one power by Stat. anno 5. Eliz. So then you see how and for what he hath his name And though his Authority be highest yet it is given to him by the Law and proceedeth in course of Law not according to conscience but Law That all Justice runs from the Supreme power so by the Chancelour to all Jurisdiction A man complains of wrong or sues for right in Chancery from which Bill of complaint issues a precept commanding the Defendent to appear at a Day So then a man may not be sued before he have a Writ or Breve from the Chancelour a singular regard to the meanest The very Writs of Chancerie are prescribed by Law and a form registred in Chancery and if not accordingly issued out the Judges will reject them called in Law Abating of the Writ His Authority to judge is of two sorts by common Law or Positive Law Potentia Ordinata Processe pleading judgement Potentia Absoluta by Processe according to the Law of Nature viz. to send for the party to answer upon Oath to examine if he will not answer yet the Chancelour cannot condemn him in the cause for obstinacy Potentia Ordinata mispleading on either part may mar the matter and the judgement must be according to Law however the Equity of the case fall out But if the pleading be by Absolute Power though the party misplead if the matter be good the Iudgement must be by equity and not as the pleading be either formal good or bad or as the law will in the case The Question followes whether that conscience whereby the Chancelour be simpliciter and to be simplex conscientia or Regulata Viz. To be ordered by course of Court former Presidents and if no Presidents whether Reason in codem respectu may take cognisance of the cause viz. A rich Father to suffer an honest son to beg or a rich son contrario the Chancelour cannot Hereupon we may conclude that his Authority judicial both Ordinata and Absoluta Potestas are limitted by the Law of the Land For in the Ordinary he is tyed to the strict rule of Law and by the Absolute he is ruled though not by the course of law yet he is to deal per regulatam conscientiam but in any case not to contradict what Law hath allowed But to conclude his Absoluta Potestas by what means he should find out truth Truly it is without limitation only to be referred to his own Gifts and the grace of God that gives Wisdom Sir Francis Bacon succeeded Elsemere Lord Chancelour though a wonder to some so mean a Man to so much preferment he was then Atturney General and as others by that placc and in the usual way of preferment time beyond memory come to high Office of Indicature either there or to other Benches and so did he But his Mis-deeds afterwards turned him out of all and he dyed poor and private See Anno 1621. And as his Genesis of preferment came to the chair of State so the Exodus of the Treasurer Suffolk in his Office brought him to the Star-Chamber and the Glory of the new Chancelour Chair-man there to sit in censure upon him and so to set out himself in his Matchless Eloquence which he did then by Sentence as the Mouth of the Court as all others had done Their abilities affording them several waies and manners in that Court more particular as their Qualities concern them to distinguish So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset He now finding the Fate of Court-policy final in this Lord and his malice at Liberty to speak what he list Parrallels this Lords Crimes with other such corrupt Treasurers raking Presidents of all former Predecessors Even from Randolphus de Britton who was sentenced to lose all lands and goods but was restored to him and fined 3000. 1. for misusing K. H. 3. Treasure Such another was Treasurer of Ireland Petrus de Rivallis and of great command also high Chamberlain of England to Edw. 1. his Offences were Bribes of all men poor and rich Religiosis quam de Laicis fined and ransomed So did the Abbot and Moncks at Westminster took out of that Kings Treasury there ad inestimabile Damnum Regis Regni For which these privileged pretenders could not be exempt from Tryal and the Temporalities of the Abby seized for satisfaction till which time of payment they suffered Imprisonment Nay Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then though small but a hundred pound of the Earl of Monteallo ut amicus in agendis negotiis versus dominum Regem lets him escape Prison to do his buâ—inesse and given of free Will and ex curialitate sua yet in those dayes it amounted to Extortion But he had Additionalls having indicted Iohn de Eugam of Tresgass for the Mannor of Fisby to which the King had title and imprisoned him and when another Mannor was conveyed to the Bishop for Courtesies done diversas curialitates Eugam was set at liberty but it seems the Bishops plea would not serve his turn That the King would rather punish by Imprisonment than fine And those good times accounted it Bribery Again the Bayliff of Oxford was committed for arrears of one hundred pound in his accompt and the Mannor of Calcat conveyed to the Bishop for satisfaction yet because he was of pure Devotion discharged by the Bishop these cases all three were condemned of Extortion and Bribery and the Bishop soundly paid for it by his purse and imprisonment In Edw. 3. He imprisoned William Lord Latimer with punishment and fine being in Commission to pay off the Kings debts he compounded for eighty per centum and 30. for 40. by which saies the Record he turned it upon the King to be a Bankrupt Compounder So did the Baron Nevil bought the Kings debts of the Army and though he pleaded that they forgave him the Remainder freely yet was he fined Such like as these were brought Examples to raise the Offence of this Lord Treasurer of himself as of high birth so most Noble and without doubt disdaining to commit base crimes but whether the guilt of Sir Iohn Dingly one of the Tellers in Exchequer an intimate Servant to the Secrecies of Suffolks Countess or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of Or the vain and monstrous expence heretofore of that family All that could be besides the necessity of Court-Fate cast in his dish was the imbezeling the monies lately paid by the States of the Netherlands for redemption of the cautionary Towns Flushing and Bril and he fined thirty thousand pounds and Dingly two thousand pounds the
Criminal Kings Bench and Star-Chamber The Common-pleas is a Branch of the Kings Bench being first in one Court and after the Common-pleas being extracted it was so called as Pleas of private men The other the Exchequer for the Kings Revenue the principal institution thereof and their chief study and as other things come orderly thither so to administer justice Keep you within compass give me my right of private Prerogative I shall acquiesce as for the Prerogative of the Crown it is not for a Lawyers tongue nor lawful to be disputed It is Atheism to dispute what God can do his revealed Will ought to content us so is it contempt in a subject to dispute what a King can or cannot do the Law is his revealed Will. The Kings Bench is the principal Court for Criminal causes and in some respects it deals with Civil causes The Chancery a Court of Equity and deals likewise in Civil The Dispenser of the Kings Conscience following the intention of Law and Iustice not altering Law nor e converso It exceeds all Courts mixing Mercy with Iustice. Other Courts are onely for Law and where the strictness of Law might undo a subject there the Chancery tempers it with Equity and preserves men from destruction The Chancery is undependent of any other Court only under the King Teste me ipso from which no appeal yet am I bound so to maintain others as this not to suffer wrong My Chancelour that now is I found him Keeper of the Seal the same in substance with the other stile He is witness my warrant was to him to go on according to Presidents in time of best Kings and most learned Chancellours The duty of Iudges is to punish such as deprave the Kings Courts and therfore it was an inept Speech in Westminster-Hall to say that a Praemunire lay against the Court of Chancery yet it should not be boundless the King is to correct it and none else and therefore the King was abused in that attempt and now commands that none presume to sue a praemunire against it As all inundations are conceived Prodigious by Astrologers so overflowings of the banks of Iurisdiction is inconvenient and Prodigious to the State Let there be a concordance and musical accord amongst you keep to your Presidents authentick not controverted but approved by common usage of best Kings and most learned Iudges The Star-Chamber Court hath been shaken of late and last year had received a blow if not prevented by a few voices He descants on the name Star a glorious creature next in place to the Angels the Court glorious in substance compounded of four sorts of persons The first two Privy Counsellors and Judges wisdâ—m of State learning in Law The other two sorts Peers and Bishops to give Greatness and Honour to the Court the other of Learning in Divinity and the interest of the good Government of the Church So divine and humane Laws Experience and practice in Government are conjoined in the proceedings of this Court No Kingdom without a Court of Equity either by it self as in England or mixed in their Office that are Iudges of the Law as in Scotland and here in England where the Law determines not cleerly there the Chancery does having equity which belongs to no other Court punishing Attempts other Courts only facts and where the Law punishes facts lightly as in Riots or Combates the Star Chamber punishes in a higher degree as in Combinations Practises Conspiracies so being instituted for good give it the more honour Keep your Courts in harmony Iudges are Brethren the Courts Sisters the Muses to differ breeds contempt to either and disputes against each other turns pleas from Court to Court in circular Motion Ixions wheel the reason of Multitudes of Prohibitions causes are scourged from Court to Court like Tantalus fruit neer the Suiters Lip never to his Taste a delay of Iustice makes causes endless He tells them how he hath laboured to gather Articles an Index expurgatorius of Novelties crept into the Law look to Plowdens Cases and the old Responsa Prudentum if you find it not there then ab initio non fuit sic away withit To the Auditory he hath but little to say As he hath confirmed his Resolution to maintain his Oath the Law and Iustice of the Land So he expects their duty in observance of the Law and divides their submission into three parts First In general to give due reverence to the Law This general he devides also into three Not to sue but upon just cause Be content with Iudgement to acquiesce as he will do equal with theâ—â—eanest Subject Do not complain and importune the King against Iudgement It is better to maintain an unjust Dâ—cree than to question every judgement after Sentence as you come gaping for Iustice be satisfyed with the Iudgement but in Bribes complain boldly if not true from you expect Lex Talionis to accuse an upright Iudge deserves double punishment Secondly In your Pleas prâ—sume not against the Kings Prerogative or honour if you do the Iudges will punish you if they do not I will them and you Plead not new Puritanical strains to make all things popular keep the antient limits of pleas Thirdly change not your Courts as if to mistrust the justness of your cause but submit where you begin So he sums up all The charge to his Self Iudges and Auditory his excuse why he came not till now why now And because of his custome to deliver a charge to the Iudges of circuits He tells them now also As they are Iudges with him in that Court so Iudges under him and his Substitutes in circuits Itinerant to his people a laudable custome to go to the people in their Counties as they come up to them at Westminster-Hall That you go to punish as to prevent offences charge the Iustices of peace their duties take an accompt of them and report their Services to the King for the King hath two offices 1. To direct 2. To take an accompt from them to his Chancellour in writing and so to him Of these two parts the Nisi prius is profit for them and the other necessary for him therefore as Christ said Hoc agite yet illud non omittite and commends the office of Iustice of peace of high honour and repute They are of two sorts good and bad the good he will reward and prefer being as capable of his favour as any about him whomsoever the farther off in distance of place the more desert and his providence must reach to the end of his limits the good are industrious the bad idle contemplative Iustices are of no use And for the number as many hands make light work so too many make slight work As to the charge he will but repeat what he hath said heretofore Lectio lecta placet decies repetita placebit anent Recusants and Papists my greef when they increase there are three sorts of Recusants The first
course but it fell out more fatal to him which lasted to the end and thereby wrought its best use In the midst of sufferings the bread of sorrow tastes better than the Banquet of fools for afflictions brings such mens souls to be Saints at the Mark which otherwise would be overgrown with too much Greatnesse His memorable abilities remain but in few and his compassionate infirmities common to all To expiate which he did as became him to do to the House of Peers prostrate himself and sins which ingenuously he acknowledged promising amendment of his life and made it good to the Worlds eye Those excellent works contrived in his retirement do evidently manifest his wit and worth with much regret to many good men that such an one should be fallen off from the face of State In Bacons place comes Doctor Williams Dean of Westminster by the Title of Keeper of the Great Seal of England the same power and Jurisdiction as the Chancelour see Statute quinto Elizab which was not so besore At first but as Vice-Chancelour Matthew Paris saith Custodiam â—igilli Regii accepit Cancelarii Vices Acturus Officium c. He was also then made Bishop of Lincoln together to make him more capable of the Office brought in sayes one to serve turns which no Lay-Man was bad enough to undertake Former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-man they best knowing a Case of Conscience and antiently the Civil Laws were adjudged by the Ministers of the Church and the Chancery and other Courts of Equity then in the charge of a Divine Minister And therefore a mistake in the Record that sets it down as a Wonder for an Arch-bishop of Saint Andrews to be made Chancelour of Scotland by King Charles a thing he saies not known in that Kingdom for three hundred years before for a Clergy man to bear that office But we find Iames Seaton and David Seaton both Arch-bishops of Saint Andrews and Chancelours of Scotland within one hundred years space And many other Arch-bishops and Bishops within three hundred years not only Chancelours but Judges of the Law Master of the Robes and other Offices of Judicature By which means their onely Bishopricks too poor they advanced to degrees of wealth enabling them to erect most of those sumptuous Fabricks of piety and Honour in that Nation and so in England by our Clergy by this man also in some measure So ran the Channel till Bacons father had it from a Bishop and now a Bishop has it again and had King Iames lived to have effected his Desires the Clergy had fixed firm footing in Courts of Judicature out of the rode of the Common-Law and this was the true cause of Williams initiation thither his quality thus fitted for the Kings intention He was in truth Chaplain to Buckinghams Mother and let into Court parallel in some degree with Cardinal Richlieus entrance by Queen Mother of France a Man may take view of these conformities not few if you consider proportions what is allowed to the Jesuit must rebate of the Reformed and what this man could not do in competition as the other his aim shewed his will but not the effect But at his entrance into this Trust comes two Bills signed from the King to be made Patents by the Seal the one for a Pension of two thousand pound per annum and the other for the Office of Earl Marshal of England both of them to be conferred upon the Earl of Arundel The first though with some regret in those unseasonable times to receive such large pensions which yet he sealed but took upon him to trench upon the Lord Treasurer Middlesex who willingly gave way to it for which they both had enmity ever after The later he refused upon these Queries 1. Whether in the Delivery of the Staff to the Earl his Majesty did not declare it to him for ease of the other Commissioners that executed it before with him and so to imply no inlargement of power which this Patent doth 2. Whether his Majesty means that this Patent leaping over the powers of the three last Earls Essex Shrewsbury and Somerset should refer only to Arundels own Ancesters Howards and Mowbrays Dukes of Norfolk who claimed that place by Inheritance the usual way and reference of Patents being unto the last and immediate Predecessor and not to the remote whose powers heretofore in these troublesome times were vage uncertain and impossible to be limitted 3. Whether that this Lord should bestow those Offices settled in the Crown as Sir Edward Zouches in Court Sir George Reynolds in the Kings Bench and divers others all which this Great Patent sweeps away being Places of Worth and Dignity 4. Whether my Lord Stewards place shall be for all his power of Judicature is in the Verge either altogether extinguished or at least subordinate to the Office A point considerable because of the Duke of Lenox who was Steward his greatness of Person and neerness of blood to the King And here he claws him 5. Lastly whether that the Offices of the Earl Marshall of England and the Marshall of the Kings house in former times distinct shall be now united to this great Lord A power limitted by no Law or Record but to be searched out from Heralds Chronicles Antiquaries and such absolute Monuments and thereupon this sixty years for Essex his power was cleerly limitted only as Marshall unfit to be revived by the Policy of this State And by these queries the Patent was pared which increased malice to the end of their Days Certainly there is a difference between the Earl Marshal of England and the Marshal of the Kings House See Lambert Archiron or of the High Courts of Justice in England The Marshall of England and the Constable are united in a Court which handleth only Duells out of the Realm and matters within as Combats Blazon Armory but may not meddle with any difference tryable by the Laws of the Land The Marshal of the Kings Houshold is united in a Court with the Steward which holds Plea of Trespass Contracts and Covenants made within the Verge and that by the Laws Articl super Cart. cap. 3 4 5. The honour of Lord Marshal is so antient as Thomas Lord Mowbray by Richard 2. was created Duke of Norfolk and the first Earl Marshal of England anno 1397. And so successively unto Iohn Lord Mowbray who dyed the 15. of Edward 4. anno 1475. and had issue one only Daughter married unto Richard Duke of York second son of Edward the fourth and was by his Father created Duke of Norfolk and Earl Marshall of England murthered in the Tower anno 1483 without issue Then comes Iohn Howard Son of the Daughter and coheir of Thomas Mowbray Duke of Norfolk and was by Richard the third created Duke of Norfolk but not Earl Marshall Nor was his Son Thomas
aids Navaâ— Spain interessed Asâ—iâ—ts France with more money 101560 071165 020000 033333. 226058. Crowns And the Dutch 125000. 260000. 385000. Florins See after She raises her Custom-Farm She ballancâ—â—h her neighbour interests The Assembly petition the King His Answer and advice to suppress â—eâ—dâ— Huntley and Murray quarrel Another of the Kers Witches accuse Bothwel who is committed to Prison and escapes Archbish. of St. Andrews dieâ— and abused by the Ministery Secretary Walsingham dies his Character And so does Randolph 18. times Embassadour abroad And the â— of Shrewsburyâ—dies An Epitaph Irish Rebells Essex expedition into France with 4000. Hackets horrible Tenents and Treasons Mad-headed Hypocrites Anno 1591. His disciples apprehended his blaspemy and execution puny Jesuits Their Seminaries Confirmed by the Pope Botâ—wels Treason to seize the King and Court The manner theâ—eof Fire the Qâ— lodgingâ— and 〈◊〉 Huntley and Murray fall into the mischief The Sheriff killed Anno 1592. Murray miserably slain The cause of Murrays death put upon others Murry lamented Huntley is at Liberty Uchiltry abused The Chuâ—ch interfeers the State Affairs And Articles agreed Bothwells other attempts at Faulkland is defeated and flies to England Lindsey Lord Spinie is susspected and becomes a companion of Bothwells A love trick of a Woman Faction against the Chancellour Clanhattons against Huntly Angus committed Ker his Comâ—mission to Spain Plots of Papists The French King relieved by Q. Eliz. Turns Papist Duke of Parma dies The Queens message by L. Burroughs The Kings Answer the Ambassadours reply Anno 1593. Church Assembly Munday Market to be altered Bothwel seises the King at Holy rood-house And enforces Articles The King complains of Bothwels insolencies The Lords râ—sent it and send to him Denounced Rebell Proceedings against Popish Lords by the Ministers The King displeased with the Assembly Their farther proceedings in Tumult Commissioners to try the Popish Lords and conclude these Articles Maxwells and Johnstons fewds The Kinds sad condition Popish Lords come not in Pr. Henry born in Feb. Lord Zowch Ambassadour from England and Ministers assist Bothwels attempt and so do Arguile and Arrol Anno 1594. The King pleads to the people after Sermon for assistance Bothwel dissipated Colvil Ambassadour to England complains of Zowch The Queens â—nswer Papists banished Remonstrance of the Assembly against Papists And the Remedies The Solemnities of the Princes Baptism named Henry Fredâ—rick At the Chaple The King sends to England for money Bothwel and the Popish Lords join in Rebellion Arguile and Athol against Huntley and Arrol Arguile discomfited The K. comes to the Good-speed they are banished Bothwel flies into France and dies at Naples some years after Assemblie of the Church in Scotland Answer the K. Articles Anno 1595. Q. Anns Design to seize the Prince The Kings letter to Mar. The Chancelor sick and why The Kings letter to him full of grace Chancellour dies his character The King assigns Commissioners of his Treasury Papists private plots Devising sundry other Titles to both Crowns of E. of Essex Of Spains Pâ—actice to impoyson Q. Eliz. by Loper Cullen York and Willians and other fugitive trayâ—ors Ant Perez infected Essex Spanish deâ—ignes invasion of Scotland or England Spaniards pooâ— successe upon England Sr. W. Raleghs Guiana voyage and other attempts in the weâ—â— Indies Anno 1596. Armstrong taken prisoner in a treaty of the Borderers Backlugh complains to the Lo. Scroop Backlughs designe to take the Castle of Carlile And frees Armstrong Bows the Ambassador complains hereof the Qâ—een offended Backlugh commiâ—â—ed â—â—bellion in the Orcades Assemblies make things worse Policie to call home the Popish Lords Mr. Bruce an enemy to Huntley The Popish Lords return home upon Conditions Princess Elizabeth born August 16. 1596. Ministers make work The Counâ—il of the Church and the Kings Councel confer The King is offended with them Their complaints Which the K. answers The Minister Blake his muteny and story Blakes râ—monstance Blake brought to his Answer The Ministsters factious courses The King by proclamation dissolves their Assembly The Ministers Counterappose the King The Commissioners of the Church petition the K. Is rejected Articles against Blake His answer The King treats witâ— them Both partâ—eâ— bandie A Dangerous tumult The King and Council retire from danger Proclaim Mad preaching Their letter to Lord Hamelton to be Their head Hamelton comes to the King proceedings against those disorders Citizens brought to submit Is rejected And humbly propose Queen Elizabeths letter to the King The Kingâ— mercâ— The Octavians yield up their office The Northern Ministers are Courted Their answer The King writes to Huntley Twelve Articles from the King to the Assembly Submitted unto in effect And all ends in content Bishop 〈◊〉 death and â—haracter The Netherlands called to account 400001 per annum in ten years 4000001 dept Irisâ—â— rebells increasing Norris goes over assistant Callis taken by the Spaniard the English Navy Publick form of prayer for success of the Navy Take Cadiz Called Cales voyage Digression how farr foreign titles preceed at home In England At Rome Genoa Venice and Scots The Popish Lords submit to the Church Proclamation against Gaurdon a Jesuite Barcklayes de sign discovered he drownes himself Blake the Minister 〈◊〉 out of all Excellent reformation in the Vniversity Witches discovered Margaret Atkin 〈◊〉 Digresses concerning witches and witchcraft Maintainers Several Authors in this subject Expedition of Earl of Essex to the Isles of Azores Essex and Ralagh differ Come home and quarel at Court A Parliament at Edenburgh Ministers voice in Parliament Bruce refuseth imposition of hands but at last is so admitted The King sends Ambassadors to the German Princes Their Answer France craves aid of England against Spain and comes to a Treaty France and Spain dispute precedency and make peace Disputes of peace or war with England Queen Elizabeth strikes Essex His angry letters 〈…〉 King of 〈◊〉 dies One Squire impoysons the Queens saddle Tomas falsâ—accusation of K. James to Q. Elizabeth K. James his prudence to suppress false rumours Ashfield surprized Prisoner to Barwick Colvil Recants his treatise against the Kings title The Kings Basilicon doron the occasion of it in publick The new year altered from 25. of March to 18. Ianuary The state of Bishopricks at that time Irish Rebellion with Tirone Essex and Caecils Intelligence with King Iames. Caecil Essex Gowries conspiracie See anno 1608. Court and châ— of King James paâ— 8 Hist Gr Br Pa 12. Vide ante 1568. et 1582. Earl Gowry retires home The manner of the conspiracie 4. of August Hendersons Examination and confession Alexander treats with the King The King takes to Henderson Alexander 〈◊〉 with the King The King cries Treason John Ramsey comes up and Sir Thomas Erskin follows Ramsey wounds Alexander Henderson slips away Earl Gowry comes up to the fray Gowry astonished is killed by Ramsey Others hurt The Lords and company come in Gowries Spels of Enchantment Two other brothers William and Patrick beyond
Hist. Gr. Brit. p. 10. Arch Bishop Whitgift dies The Translation of the Scriptures Gen. 19. Isay 29. Psalm 48. Psalms translated Catechizing commended Hist. of the World pag. 249. Gowries aniversarie day celebrated See 1600. 1608. Hist. gr Br. pa. 12. Comotion of some Commoners Parliaments beginnings Jury were Judges so Lilburn pleaded Parliament of King and Barons onely The Commons taken into Parliament Of the Parliament of England The writ to summon the Peers The writ to summon the Knights and Burgesses Oath of Alleageance Of Supremacy Ecclesiastical matters Lords Privileges Lower House Harmony of all King Queen and Prince ride in triumph First Session of Parliament The Kings speech in Parliament abreviated 2 3. Peace and Unity in Religion and Manners Union with Scotland intended Ambassadours for Peace Co and ch pa. Proclamation to conformity in Church-discipline Assembly of the Church in Scotland in spite of the King Hist. Gr. Brit. p. 27. The Kings second Son Charls created Duke of York Pouder Treason Pouder Treason the story Anno 1605. Fauks his Confâ—ssion of the Design Th. Winter's Confession of the Plot discovery and success The story pâ—t together in brief Second Session of Parliament Three intire subsidies and six fifteens Several Acts. The effect of the Oath of Alleageance Taken by Papists The Popes Bull against the Oath The Kings Apologie and Preface to take the oath Justified by forein Princes Jesuits divide the English into four sects Their opinion refuted See before anno pa. 1542. pa. 9 And Imprisonment as bad Best Counsel to convince them by Preaching Anno 1606. Leptons 〈◊〉 to York 〈◊〉 back King of Dâ—â—mark land◠〈◊〉 Graves-end Princes forâ—â—â—â— their liberties by coming into another Kingdom without leave The Earls of Northumberland and other Lords confederates in the Pouder Treason are committed Of the Star-Chamber beginning and ending The Letter Anno 1607. The union argued The Kings Speech in answer to their Arguments Post-nati confirmed H. G. Bâ— pag 41. Judg Nichols his true justice Gâ—ntry flock to London Proclamation in restraint of new buildings unless of Brick Anno 1608. Hist. Gr. Bâ—it p. 49. L. Treasurer Dorset dies George Spâ—ot a Conspirator with Gowry his story and execution His Coâ—fessions His Trial. Restalrig's Letter to Gowry and after the Treason Other Letters to Gowry as also his 〈…〉 Confesseth the Indictment Jurors names Verdict Sentenced as a Traitor Executed A marvellous sign of guilt Abbot Bishop of Canterbury being present History of the Church of Scotland p. 509. The Kings disbursments already 60000 l. 19000. 17428. 11000. 107428. The Scotish Secretary Balmerino's treacherous Letter to the Pope The occasion 1609. He is sent pâ—isoner to be tryed in Scotland His indictment His confession And sentence Anno 1609. Is reprieved and dies King James a mercifull Prince and restores his son in blood And he a traytor also to King Charles is also pardoned And proves an ungratefull wretch to his blessed Master The Bishops in Scotland inlarged their power Scots Bishops consecrated in England Who ordain others at home Council Table ordered The Earl of Orkney committed High commission-commission-Court The Session seek for grievances Hist Gâ— Bâ— ubique The Kings Speech to both Houses Of his Government Common Law and Civil Prohibitiâ—â—â— 2. Grievancâ—â— how to present them Not to meddle with his Office High Commission 3. The cause of calling the Parliament The quality how to give The quantity His expences Reasons for his liberality Conclusion 1. Religion The Common-wealth Proclâ—mation against â—ncrease of buildings about London Truce between Spain and the Netherlands Siege of Juliers Duke of Guelders and Juliers c. his descent last of the race The Netherlands sometime subjects to Spain Henry the fourth King of France stab'd 60000 l. Parliament dissolved Henry created Prince of Wales their dignities See before Knights Bachelors Anno 1603. Ayd mony H. Gr. Br. pa. 52. False suggestions to be impoysoned Court and ch of King James pa. 84. Hist Gr. Br. pa. 52. Nearer Intention for Prince Henry to match with Spain See after anno 1624. Papists persecuted by Pens Chelsey Coledge founded and why H. Gr. Br. pa. 53. The Kings favorite Mountgomery Hist. Gr. Brit. p. 54. See 1612. Masks and Comedies at Court H. G. Br. pa. 54. Discussed Our Adversary a Poet and play-maker Contribution-money 111046. l Suttons Hospitall founded Absurd Excommunication and unchristian in Scotland The three Earls revolt So was Padie Paulo Popisâ—ly excommunicated Earl of Eglington illegally adopts an Heir to his Honors Arminius Vorstius their Heresies Vorstius his blasphemous Books The Kings message to the States Arminius The States Answer Further accusations And proceedings therein Bookes of Vorstius Heresies The King writes again against them all Vorstius is preferred Professor of Divinity Sir R. Winwoods speech concerning Vorstius His Tenenâ—s Pag. 210 212. 232 237. 308. 441. 271. Pa. 38. 43. Cap. 16. Pa. 999. Conclusion And Protestation States Answer The Kings Declaration against Vorstius See more in the Kings works And against his Bookes Legat and Whithman burnt for Herâ—sie Legats Heresies Whitemans Heresies Adamites Incests Waldâ—nses â—in 〈◊〉 Anno 1612. I may be câ—nsured by some Robert Carr a favorite Hist. Gr. Br. pa. 55. Queen Mary of Scotland her corps inteâ—red at Westminster Anno 1586. Hist Gr. Br. pa. 62. Prince Palatine a suitor to Princess Elizabeth Prince Henryes sickness and death vindicated Hist Gr. Br. pa. 72. Lunary Rainbow His Corps viewed Interred at Westminster His character False suspition of poyson Hist. G. Br. pa. 64. Prince Palatine mâ—ried to Pâ—incâ—ss Elizabeth â—a 65. Sanquair a Scotish Baron hanged for murther Treasurer Salisbury dies His Fatâ—ers descent And preferments Earl of Salisburies preferments His Merits Court and ch King James pa. 12 13. Hist. Gr. Br. pa. .76 Court of Wards how erected and established Court of Wards how erected and established His Offices disposed to others Suffolk Lord Treasurer Rochester Chamberlain Sir W. Cope Master of the Wards and the Favourite made Secretary Sir T. Overbury his story A Friend to Rochester Dâ—sign'd Ambassadour Refuses to go The King wants money Sir Arthur Ingram Court and Ch. pag. 87. E. of Essex and his Countess Car and Overbury their stories intermixt Lady Rich divorced Hist. Gr. Br. pag. 68. Anno 1613 Hist. Gr. Brit. p. 69. â— of Suffolk petitions for his daughters divorce Delegates in commisâ—ion The Countesses Libell against her husband Essex's answer She is to be inspâ—cted by Ladies who repute her a Virgin and so do seven more â—adies Sentence of Nullity Signed by sufficient men Arch-bishop Abbots Arguments against the Nullity Answered The Countess marries Somersct H. Gr. Br. p. 72 Hist. Naâ— ch 28. Overburie designed to be deâ—troyed Earl Northampton dies His preferments to honour Against Duâ—lls Rebellion in Orkney The Earl convicted and executed his descent Oglevy a Jesuit his Examinations Plantations in America Hist. gr Br. p. 75. Cabot Virginia New England Elizabeths Isles Nova Francia Baronets created