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
themselves to search for mischiefs and being found to scandallize the State with them How these were nourished and afterwards fomented the revolution of time hath made obvious to all men and saves me the labour to set down the particulars It was no novelty then to applaud the former times and to vilifie the present for indeed her fame carried it current in a long continuance to have lived and dyed Royally and Victoriously without the disquiet of the peoples affections and being but a Sojourner in the World in respect of her Maiden-hood might be and was a blessing to her own times the impression of her good Goverment besides her happy memory is not without some effect which doth survive her But this K blessed already with Royal issue and whose fruitful Bed promised increase It was more proper and agreeable with him to be studious not onely in the Transitory part of good Government but in those Acts which are in their nature permanent and perpetual to his posterity rather to increase than diminish the Advantages of Soveraignty which he aimed at and for his part and time did perform but t is a tender subject to discuss I have done Yet I may add a truth That all the force and power of his Progenitours and all their merits and policies to boot for more then an age before her could never borrow so much credit upon their Privy Seals as she did during her time and left them all for this King to discharge great and vast sums Which shews that Necessities put her upon that piece of State when neither her Exchequer could afford relief nor the urgency of her affairs indure the delaies of Parliaments assistance For in truth she had strained likewise from her people in that way of Subsidies more then ever any Prince I will not say many that were before her She had the way to do it by complaisance of a Princess and he a King not affecting that Course failed of such effects For he was by nature more reserved than popular and had his virtues fitter for estimation then Love and did like a King his soul being planted higher overshot such matter as lay level to anothers eye And so as I have said some of these ways to get mony was set a foot this year 1614. and upon several occasions in his reign after proposed but not effected In those times of Trade the Merchant-Adventurer usually transported Our English Cloths white undress'd and undy'd and the Dutch had gotten the Art by the end fitted and stretcht them by their Knavery and so returned them to us at high rates of this the Cloth-worker of London complains which was soon remedied by Proclamation forbidding the transport and to countenance that Corporation the King was feasted in their Hall and made free of their Company the rather because their Cote Arms the Thistle is the Scots Embleme And over went our Cloaths accordingly dyed and drest which the Hollanders forbid to be bought by them and therefore dealt with our Fell-mongers and got over Our Woolls and the Mystery of making Cloth Hereupon we proclame and forbid the transport of our wools The Quarrel between those two Corporations and their respective gain is by the Merchant Adventurers complained of and for mittigation of their Mischief several warrants for some thousands of Cloths were sparingly licensed by wisdome of State to be sent over and so evenly moderating the mystery of Merchants that cozen each other and at their great Feast likewise the Prince was made free The King of Denmark makes a second visit to his Sister the Queen for fourteen daies upon no business of State onely his affections to her and jollity to himself with a Train of no more than half a hundred persons of honour and Noblesse of his own breeding to the Dutch Diet and Drink to which he was too much inclined and oft-times had his load for we were not wanting of our boon-Companions that waited on him for that purpose The Earl of Suffolk succeeding Salisbury in the Treasurership yielded his Office of Lord Chamberlain of the Kings Houshold to his Son in Law Somerset as aforesaid and he the Place of Secretary unto Sir Ralph Winwood lately returned from the Netherlands where he had been Ambassadour Lieger of a long time The Summers Progress returns the King to London where had been some muttering of Overbury's death in the Tower discovered beyond the Seas by the Apothecary's Boy that impoysoned the Glyster and having his Reward was sent out of the way to Flushing where he told the Tale to Trimball the Kings Agent there by whom it came to Winwood's knowledg and so to the King and by degrees to particular Examinations Confessions and Executions of all these Weston an Apothecary Mistris Turner a Doctor of Physick's widow Sir Iervis Yelvis Lieutenant of the Tower and Franklin all accessaries But Weston being the principal actor it was therefore his turn first to come to the Bar at the Hinstons Court in Guild-hall where beyond Judg Cook 's expectation the man stood mute notwithstanding all allurements and threats that could be used and so was returned to Prison Cook informs the King that unless the principal be convict the accessaries could not be tried but by continual cunning and some fair promises of pardon Weston put himself upon his Countrey and was cast condemned and hanged Cook not content with that gets knowledg under-hand that Serjeant Yelverton an obliged Servant to the House of Howards had advised this Counsel for Weston not to betray any parties And this Tale was told by Sir Robert Cook from his fathers confession After all comes Somerset and his Countess and both condemned some that were then at their Trial and not partial conceived in conscience he might have been spared that Sentence and as himself says to the King That he fell rather for want of well defending than by force of proofs for I so far says he for sook my self and my cause as that I might be more condemned for that than for the matter And because it was a story of evil fame near and far off I shall put it to the test in a brief Narratory being pleaded before the Lord Elsmore Chancellour and High Steward for the Day and most of the Peers at Westminster Hall May 1616. in this manner A Peer of the Land hath this Privilege upon Treason or Felony indicted to be tried by his Peers the King by Letters Patents assigns some sage Lord of the Parliament to be High Steward of England for that Day of his Arreignment who before that time makes Precept to his Serjeant at Arms to warn to appear before him a certain number of Lords of the Parliament twelve at the least upon that Day at Westminster At which time the High Steward shall sit under the Cloath of State and causeth his Commission to be read the same Serjeant returns his Precept and calls the Lords who appearing by
This Redemption I crave not as to my own person but with your benesits once given nor do I assume them very deep for I have voluntarily departed from the hopes of my Pension Place Office I onely cleave to that which is so little as that it will suffer no paring or diminution And as in my former Letters so by this I humbly crave of your Majesty not to let the practices of Court work upon your Son the Prince not fearing the sufferance of my loss in that particular so much for I cannot lose it but willingly all with it as for to take off the stage that which in the attempt may prove inconvenient And consider I pray your Majesty that my hope in desiring to pass these bad times was to be restored to my fortunes others are made unhappy by me if otherwise and then I lose my end I speak of impairing of changing or supplying as of any other way all such alterations and ruine are alike without I be worthy of your gift and that I can be worthy of all that Law can permit you to give or cast upon your Majesty by a more nearer Title as it doth by this I shall account them equal evils that leave nothing or a patched and proportioned one changed or translated from one thing to another But if your Majesty have any respects to move you to suspend your good towards me let that which is mine rest in your own hands till that you finde all opposite humours conformed to your purpose I have done wrong to my self thus to entertain such a doubt of your Majesty but the unrelenting of adversaries which when you will have them will sooner alter and that all this while I have received nothing of present notice for direction or to comfort me from your Majesty hath made me to expostulate with my self thus hardly for God is my Iudg Sir I can never be worthy to be if I have these marks put upon me of a Traitor as that tumbling and disordering of that estate would declare the divorce from your presence laies too much upon me and this would upon both I will say no further neither in that which your Majesty doubted my aptness to fall into for my cause nor my confidence is not in that distress as for to use that mean of intercession nor of any thing besides but to remember your Majesty that I am the workmanship of your hands and bear your stamp deeply imprinted in all the characters of favour that I was the first Plant ingrafted by your Majesties hand in this place therefore not to be unrootod by the same hand lest it should taint all the same kinde with the touch of that fatalness and that I was even the Son of a Father whose Services are registred in the first Honours and impressions I took of your Majesties favour and laid there as a Foundation-stone of that building These and your Majesties goodness for to receive them is that I rely upon praying for your Majesties prosperity I am in all humbleness Your Majesties loyal Servant and Creature R. Somerset I should not trouble you with the Marriage of the Lady Arabella Stuart and Sir William St Maure or Seymer both of kin to the Crown she by the Earl of Lenox in Scotland as I have before said 1577. and he Grandchilde to the third Son and the Heir of the Earl of Hartford created by Henry 8. whose Sister he married 1537. and by Edward 6. made Duke of Somerset and his Protector who stiled himself Edward by the grace of God Duke of Somerset Earl of Hartford Viscount Beauchamp Lord Seymer Uncle to the Kings Highness of England Governour of the Kings Person Protector of all his Realms Dominions and Subjects Lieutenant General of his Majesties Armies both by Sea and Land Lord high Treasurer and Earl Marshal of England Governour of the Isles of Gernsey and Jersey and Knight of the most honourable Order of the Garter and bears Gules two Wings conjoyned in Fess Or. Yet all these Honours rather helped him forwards to hop headless for Felony His third Son Edward was restored to the Earldom I Eliz. and this William his Heir And thus near the Crown in all Sovereignties are needfull to be narrowly lookt into for Marriage Queen Elizabeth did so at a farther distance of danger and her Father made it Treason in his time I say I should forbear more mention but that our Detractor begins at her Death in the Tower where she was imprisoned though her Husband escaped and says That it set mens tongues and fears a work that she went the same way having almost in his last words before told the story of Overbury impoysoned in the Tower by which he now enforces belief That her Death was so done for the Kings interest when in truth she died a year before in September 1615. There happened occasion at Common Pleas to dispute the Kings power in Commendams The Church being void and in his gift whether he might give a Commendam to a Bishop either before or after his Consecration during life or for years It was argued by Serjeant Chibborn against the King That the translation of Bishops was against the Common Law his Text was the Canons of the Council of Sardis That the King had no power to grant Commendams but necessitate That there would be no necessity because no need of augmentation of Livings No man being bound to be more hospitable than his means afforded And much more argument tending to overthrow the Kings Prerogative in cases of Commendams This case was to be farther argued in the Kings absence by all the Judges which he thought to protract untill they consulted with him and so commanded his Attourney General to signifie by Letters his pleasure to all the Judges The Judges notwithstanding at the day argue the Case and return answer by Letter to the King That they held those Letters to be contrary to Law and such as they could not obey by Oath and therefore had proceeded at the day appointed setting down the Case to be upon construction of two Acts of Parliament 25 Edward 3. and of 25 Henry 8. and now between Subjects for private interest and Inheritance That their Oath is That in case any Letter come to them contrary to Law they are not to obey them but to proceed to Iustice. And so they did the last Term 27. April 1616. The Judges subsign Cook Hobert Tansield Warburton Snâ—g Altham Bromley Crook Winch Dodderidg Nicols and Houghton The King returns them answer by Letter Reporting himself to their own knowledg his princely care for justice to be duly administred to his Subjects with all expedition and how far he was from crossing or delaying the interests of private persons But on the other side where the case concerned the high Powers and Prerogatives of his Crown he would not indure to have them wounded through the sides of a private person admonishing them of an
against all the world with ringing of Bells and making Bonfires in London so soon as it shall be certain of the Coronation I am satisfyed in my conscience the cause is just having rejected that proud and bloody man making that Kingdom not elective and when God hath set up the Prince a Mark of honour to all Christendom to propagate the Gospell and protect the distressed I dare do not other but to follow where God leads It is a great honour to our King to have such a son to be made a K. and me thinks I do in this and that of Hungary foresee the work of God that by piece and piece the Kings of the Earth that give their power to the Beast shall now leave the whore to Desolation as St. John saies Our striking in will comfort the Bohemians honour the Palsgrave strengthen the Union bring on the Dutch stir up Denmark and move his two Uncles Prince of Orange and Duke of Buillon together with Tremvile a rich Prince in France to cast in their shares and Hungary I hope will run the same fortune and for mony and means to support the War Providebit Deus This from my Bed and when I can stand I hope to do better service Geo. Cant. Sept. 12. 1619. Some regret there was in the Palsgrave as well might be to act without the consent of the King of Great Britain and whilst his Ambassadours were treating a Peace but by perswasion of the Prince of Anholt the Earl of Holloch and Baron Done with other their intimates he was at length intreated to accept of that golden Bait a Crown which was given to him freely not without some regret though by Others such a Bit would be swallowed with damnation it self And this was hastened upon him in August 1619. and his entrance into Prague the last of October and his Coronation four daies after But instantly posts the Baron to King Iames in excuse of all either of too hasty acceptance and neglect of his fatherly advice King Iames ever averse from such undue Precipitations for affections of the people to be ingaged at their pleasures and to be a President to dispose of Soveraignty already established utterly refuses Done's Address for a time but dispatches Ambassadours to the Emperour and to the States of the League and Covenant not meddling with his Son in Law to advise or neglect him Of this errand two are sent in joint Commission to Boheme Sir Richard Weston after Lord Treasurer and Sir Edward Conway not long after Secretary of State Ferdinand upon the News of his New Rival in the Kingdom hastens this Proscription against the Palsgrave We Ferdinando c. To all Electors Princes c. But especially to the subjects of Frederick Count Palatine of the Rhene Elector c. That Frederick Count Palatine of the Rhene hath made himself head of that perfidious and rebellious crue of our Kingdome of Boheme wherefore we proclame him guilty of High Treason and Iterate Proscription and of all the penalties which by Law and Custome are depending thereon We conclude him out of Our and the Imperial peace and are firmly resolved to execute the said penalties upon him as against one pubâ—ickly proscribed an Enemy and Adversary to us and the Empire Commanding you under pain of Life not to give him aid succour assistance mony provision munition openly or covertly And whoever is in pay his Complices or Helpers to forsake his service and that the States dependant alliances subject and his Vassals shall not yield to him Obedience nor partake to him of his crime but to forsake him and assist us to reduce him the Rebellious Frederick to obedience And we absolve ye his Vassals from his protection and from your Oath into our grace and favour and whoever disobeys this our command we declare him and them guilty of high Treason and iterate Proscription so well as himself Given at Our City Vienna c. 1626. And now each Party take the field The Duke of Saxony for the Imperial Ban with twenty five thousand Men reduced Lusatia The Prince of Anholt General and Holloch Lieutenant General for Boheme and with these evenly powred the war went on in that Kingdom And to make it famous through the Western World Spinola forms an Army in Flanders under Spains interest but for that purpose which King Iames suspected and to be assured sent to Sir Thomas Edmonds his Ambassadour at Bruxels to inquire for the truce of Spain and the Netherlands continued but Spinola's Commission was sealed up by the Spanish subtilty not to open till the March of the Army of twenty thousand foot and five thousand horse which proved fatal to the Palatinate The Spirits of the English began to bustle Sir Horace Vere being here and somewhat rusty since the peace with Spain associating his Nephew the Earl of Oxford and Essex young and daring Spirits saies one indeed so young they apprehend no danger and so ignorant they knew not how to avoid it Oxford the eighteenth Earl and Lord High Chamberlain without intermission from Awbry de Vere high Chamberlain to Henry the first Portgrave of London and Lord Chief Justice of England Discended from the Earls of Guisure the surname from Vere a Town in Zealand his Son Awbry created Earl of Oxford by Henry 2. and High Chamberlain The eighth Earl after him was by Richard 2. created Duke of Ireland during life and bore for that honour quarterly before his own cote three Crowns or a border Argent his own being quarterly Gu. and Or upon the first a Mulletary This man now was lately returned home from Travel in hope to recover his former debaucheries but how improved implicite credit was to expect the Tryal As for Essex then he onely boid up by the people upon his Fathers score which we have told before But made they were made by Our younger Brothers to fight and a Regiment onely was raised not I believe imagined for any goodly effects but to bandy with the Kings Wisdom who though not forward in this unjustifiable quarrel yet not without coâ—nsel to act for the future How madly some men urged the Kings interest seeming so hasty as to do the work at their own charge but being connived at to try their intent the good Earl of Essex had fifty brave fellows pinn'd upon him to pay them their pensions besides his compleat number of his own company These two brave Captains with the rest raw-souldiers adventured without fear under indeed the fame and fortune of that Right valourous and truly expert man of Arms Sir Horace Vere their Colonell who must needs indure with patience the toil he had to make them good Souldiers Spinola had got the start yet the English got over ere he took leave of the Arch-Duke but they followed at a distance somewhat in danger to go too near and in August both forces were marching the English had passage over
Strength draws out all the Men and Ammunition fires the Town and returns to Berwick not meeting any one to oppose him And this was the last expedition from King Edward though the French remained with most of their bands and some Galleys and so was poor Scotland massacred by two stranger Armies as a prey to both Nations But now began to have a breathing being free from Strangers till the 2 year of Q. Elizabâ—th During this time of trouble Iohn Knox having been imprisoned by the State for tumults and disorder in behalf of Reformation escapes and was now got into England preaching at Berwick then to New-Castle then to London and so to the South of England untill Queen Maries daies of Martyrs But afterwards too hot for him to hold out he passes over to Geneva from thence unto Franckford which very unwillingly he did being counselled thereto much against his mind by Iohn Calvin a Frenchman of Aquitain and bred a Civilian who indeed could not brook such another Spirit as was his own to meddle in that Government At Franckford he was accused of Treason against the Emperor and Queen Mary of England whom in his Treatise of Admonition to England he called the One little inferior to Nero the Other more cruel than Jezabel for which he was forced to fly back to Geneva but could settle no where and so returned to Deep in France and thereafter into Scotland in anno 1555. and again after some weeks from thence he fled back to Geneva Nor there could he have footing but returns to Deep in anno 1557. From thence he conveys sundry Letters to his factious Lords Lairds and Laâ—cks tells them of true honor to stick by the Kirk and his Counsel for that cause are they called Princes of the People not by descent of Birth and Progeny but by their duty to vindicate the oppressed Kirk Hereupon his Letters and other missives so prevailed that the faction came into a Common Band 1558. and then Knox comes home when Q. Mary of England dies and Q. Elizabeth succeeds And thus lincked began their Geneva Congregation into the face of Kirk Elders appointed and called the Privy Kirk and at Dundee it was first erected by the scatteâ—ed notions of Knox pickt up at Geneva which profession there hath since spread into many the Reformed Churches of Christendome I shall take the boldness to digress into that Story In Anno 1124. The Bishop of Geneva was the Prince of it and the Territory thereof and contending with Aymo a lay Earl de Imperio Civitatis the Emperour Frederick the first gave leave to the Bishop Ut ille solus Genevae principatum obtineret Regali jure Yet some contentions followed betwixâ— the Bishops the Earls and the Dukes of Savoy and therefore the Citizens for Defence of themselves entered League with the Helvetians Berne and Frebergh the Neighbour free Cities and so were powerful to shew their Teeth against both factions and occasion was soon offered to bite For by the preaching of Farellus sometime Scholar unto Stupulensis and Viretus they began to dislike their Bishops Person and his Popery Beginning to reform as other the said Neighbour Cities had done Novandae Religionis studium ac Reipub. commutandae oblatam occasionem arripuerunt And yet they would have been content with Him and his Episcopacy but not with His Popery The Bishop in possession and having as Calvin after confesses Ius gladii alias civilis Iurisdictionis partes Farellus then exclaims against that Civil Authority in Bishops as unlawful From which Doctrine it was no marvel if the Citizens took upon them that the Soveraignty of the City was in Themselves and so the Bishop and his crew gat away Quo ejecto Genevates Monarchiam in popularem statum comutarunt And by such advise as pleased them they ordain a new Form of popular Government jura Magistratus The Bishop joined with the Duke of Savoy quarrels his right assault the City anno 1536. and were beaten back and the City ever since rule themselves For Calvin was now come to them a Frenchman and may be called their Founder the wisest man that ever the French Church could boast off A Civilian bred and got his Divinity not by learning it but by teaching others And this was their first Principle in Divinity to cast off their Rulers at Pleasure The Gospel to wrest the Sword Thus altered the Soveraignty and thereafter the Government of the Church Some of their own say it was mirabiliter Indeed much like the other as The One was thrust out so the Other was abolished Dealing therein as men do with rotten houses overthrow all the whole frame of Ecclesiastical building at once into a rude heap out of which they may the better make choise and take of that old stuff as they please to build a new and yet in that way they are as inconstant But hereupon they advise of a Church Government respective to some Neighbour Cities and in this hurly burley they confesse they could fall upon no better and yet they soon change this Model A principal Stickler therein was this Iohn Calvin He began Ecclesiam componere anno 1536. It being before as himself saies tanquam dissoluta Scopa and makes them swear to his Discipline paucis capitibus comprehensum which lasted not nine Moneths wonder and he and his Comrades bold Farellus and eloquent Viretus banished and why Tyranni esse voluerunt In liberam Civitateâ— voluerunt novum pontificatum revocare In their absence the City disagrees Farellâ—s and Viretus being better provided Calvin lying at the Lurch sometimes at Tigurum Basil Strasburgh returns again 1541. and with much cunning devises as there was a Civil Senaâ—e so he would have an Ecclesiastical Assembly of twelve simple Citizens and observe his modesty but six Ministers The odds made it more colourable for Calvin in Number but not in Value Union in a prepared Conspiracy prevailing more than Number for himself cunningly commands all to the great regret of the Comminalty whom at his pleasure and with his power in the Consistory he suspended from the Communion which is indeed the very Scepter of their pretended Sion The City displeased with their Conâ—istory advise with their Neighbour Cities on that point and therein Calvin in outward shew the most busie and therefore is admitted to pen their missive Letters but underhand directs his own Letters to their Minister Bullenger and others presuming that their Ministers would confer with them and therefore thus he prepares them with lamentable Complaints against the Geneve Senates blindness unhospitable to Strangers abusive to Farellâ—s Defenders of Hereticks and Devils incarnate Implores consideration upon himself and his Associatâ— being impugned by the wicked for bringing them from under the yoke of sin to see the Sun of Righteousness Ascribes much to their Ministers the verâ—â—upport
That witches can cure or cast on diseases the same reason that proves their power by the Divel of diseases in general their power in special is also proved as weakning the nature of some men towards women In others to abound above nature and so of particular sicknesses But in all he observes the different ends of God in the first cause and the Divel as his instrument in the second cause as Gods Hangman For where the divels intention is to perish in the patient soul or Body or both God by the contrary draws evermore out of that evil glory to himself either by destruction of the wicked or tryal of the patient and amendment of the faithfull being awakened by that rod of correction But who likes to be too curious of all their Practises read but Bodinus Daemonomancie collected with greater diligence than Judgment And further if you would be acquaiuted with the opinions of the Ancients concerning their power It is well described by Hyperius and Hemmingius two Germain Authors Besides many other Neoterick Theologues largely setting down that subject And if curious and inquisitive of the rites of this unnecessary Perilous black-art the Divel may too soon direct any unto Cornelius Agrippa and Wierus afore mentioned I know how it hath been of late urged that King Iames was not of the same mind alwaies and very tender of his Judges â—roceedings ignorantly condemning some innocent Melancholly simple old women whose miserable poverties made them weary of life and easily to confess themselves guilty of they knew not what though in sad condition otherwise liable to Satans suggestions and deceipt And so busied himself with curious perspicuity into tryal examination and discovery of sundry counterfeits pretenders to be possessed by evill spirits But yet to my knowledg he was ever constant to his former opinion of witches and witchcraft in particulars I can evidence The King thus busied to quiet the North Countries some Incursions were made on the Marches of each Nation the out-lodgers of Tindale Riddesdale for the English made in rodes upon the Scots County of Liddesdale The Laird Backlugh commander of those parts does the like into England and apprehending the chief mischief-makers 36 puts them all to the sword and returns with great spoil Against him is Sir William Bowes sent from the Queen to complain and with much adoe reconciled And for the future peace of the Borders the time was assigned for Hostages to be delivered on each side to either But Backlugh fayling to perform his part was feign to satisfie the Queens displeasure by entering himself into England as Hostage where he continued some Moâ—â—ths Queen Elizabeth evermore upon actions of diversion never upon conquest to assist her neighbours French and Netherlands prepares another Navy against Spain of 120 sail under command of Essex and Lord Thomas Howard and Sir Walter Ralegh in three sqadrons they set out of Plymouth but are weather beaten back and put forth again but become distressed ere they get cleer of land and so return And after fresh supply of men and victual they resolve for the Islands of Azores In the voyage by the way cross winds seperate Ralegh who being missed when the others came there Essex overhastily sent intelligence by a Bark into England that Ralegh had on purpose seperated himself from the fleet But he hastily coming in unto them that rash act of complaint was excused by Essex which Ralegh resented ever after And he landing on the Isle of Fiall before Essex came thither takes the Town which being misunderstood as in dispite of Authority they are peiced again They land upon Gratiosa and Flores take the spoil and depaâ—â— unto other Ilands to seek the Spanish India fleet which was then to come home And no sooner departed but within two houres after the whole fleet of 40 sail full of treasure arrives there and meets with some of the English ships But ere Essex came in they were shrowded under the safety and shot of their own Castles Yet Essex lands farther off and takes Villa Franka burns a great Carocque ship But not much done in answer to Essex his ranting intentions they return in some distress by the way home And being come to Court the Repetition of their several incounters moved contention between Essex and Ralegh casting all misfortunes on each other Besides Essex now blown up with ambition was offended that Sir Robert Cacil in his absence was made Secretary of State and Chancellor of the Dutchie of Lancaster emulous of his wisdom and besides he was then Raleghs great friend But more malitious That the Lord Howard Admiral of England was created Earl of Nottingham with some Testimonialls mentioned in his Patent That he had secured England from the Spanish invasion of 88 and that joyntly â—ith Essex he had valiantly taken the Iland and City of Cadiz and that he had there wholly destroyed the Spanish fleet designed for their assault of the Kingdom of England but Essex would have it fancied he did all himself For he that usually ascribed all the glory to himself could indure no Rivalls especially that Nottingham now Earl took place of him and all others of the same degree as being Admiral according to the Statute of Henry the 8. That the high Chamberlain high Constable Marshal Admiral high Steward and Chamberlain should have preheminâ—nce of all others of the same degree of Honor. But to please Essex He is therefore made Marshal of England and so his pride took place of the Admiral This I note in particular to shew by what steps and degrees of distast He took occasion to turn Traytor not long after See Anno 1600 and so we return to Scotland The winter quarter brought the Estates to Edenburgh and the King timely holds a Parliament in some respects for restoring the Popish Lords now called Proselytes to their honors and lands And the Commissioners for the Ministery are suiters for sundry Articles Amongst them this was one That the Ministers representing the Church and third estate of the Kingdom might be admitted voice in Parliament according to several acts here to foâ—â— in favour of the Church and the libertie and freedom The King was earnest therein to please them and had it past But then obtained the manner as for himself thus That such Pastors and Ministers as his Majesty should please to provide to the Place and Dignity of a Bishop Abbot or other Prelate at any time shall have voice in Parliament as freely as any other Ecclesiastical Prelate had at any time by-past And that all Bishopricks then in his Majesties hands and undisponed to any person or which should happen to fall void hereafter should be only disponed to actua Preachers and Ministers in the Church or to such other persons as should be found apt and qualified to use and exercise the Office of a Preacher or Minister and who in their provisions to the said
an ordinary fate which often accompanies them to bear the burden of their masters mistakes which yet was but an experiment proper enough for the L. Chamberlain Rochester to put in practice whose creature he was But we may not forget our good Lord of Essex our digression most necessary to his story which was thus There was amongst other persons of Honour and quality in Court a young Lady of great birth and beauty Frances the Daughter of Thomas Howard Earl of Suffolk married in under-age unto the Earl of Essex now become a forward stripling she two and twenty and he three and twenty years of him common fame had an opinion grounded upon his own suspition of his insufficiency to content a Wife And the effects of this Narration with the sequel of his life and conversation with his second Wife is so notorious as might spare me and the Reader our several labours for any other convincing arguments But with the first when both were of years to expect the blessing of the Marriage-bed he was always observed to avoid the company of Ladies and so much to neglect his own that to wish a Maid into a mischief was to commend her to grumbling Essex as they stiled him and increased the jealousie of such men whose interests were to observe him that he preferred the occasion himself for a Separation and which indeed from publick fame begat private disputation amongst Civilians of the legality thereof wherein those Lawyers are boundless This Case followed the heels of a former Divorce fresh in memory between the Lord Rich and his fair Lady by mutual consent but because Mountjoy Earl of Devonshire married her whilest her Lord lived the King was so much displeased as it broke the Earl's heart for his Majesty told him that he had purchased a fair Wife with a foul Soul But this of Essex was a different Example when you seek to parallel them together And therefore we may with more charity to truth not admit such hasty credit as to believe that now the Kings delight was onely for the love of the Viscount who is supposed to be in love with the Countess of Essex and upon no other score to command the Bishops to sue out a Divorce from her Husband which in truth was done with ample Reasons and legal Geremontes And because the Nullity gave freedom to either and so the means of her after-marriage with Rochester the sad occasions of all the sequel mishaps I have with some diligence laboured out the truth precisely and punctually as it was acted and proceeded by Commission Delegative not easily now otherwise to be brought to light which the Historian passes over briefly as unwilling to spend time to set down truths when it makes not for his turn for this Author had been Essex his Man and turn'd away by his Lady Upon Petition of the Earl of Suffolk and his Daughter Frances to the King That whereas his Daughter Frances Countess of Essex had been married many years unto Robert Earl of Essex in hope of comfortable effects to them both that contrariwise by reason of certain latent and secret imperfections and impediments of the said Earl disabling him in the rights of Marriage and most unwillingly discovered to him by his Daughter which longer by him to conceal without remedy of Law and the practice of all Christian policy in like cases might prove very prejudicial And therefore prays To commit the cause of Nullity of Matrimony which she is forced to prosecute against the said Earl to some grave and worthy persons by Commission under the great Seal of England as is usâ—ally c. Which accordingly was granted unto four Bishops two Privy Counsell ours learned in the Law and unto four other Civil Lawyers with clause to proceed cum omni qua poterint celeritate expeditione summarie ac de plano sine strepitu ac figur a judicii sola rei facti veritate inspecta mera aequitate attenta And with this clause also Quorum vos praefati Rev. Patrem Cant. Archiepiscopum Reverend Patrem Lond. Episcopum Iul. Caesar. Mil. aut duos vestrum in ferenda sententia inâ—eresse volumus But for some Exceptions concerning the Quorum by the Commissioners in the words Sententia esse not interesse A second Commission was granted and adjoyned two Bishops more with this Quorum Quorum ex vobis praefat Reverend Patrem George Cant. Archiepisc. Ioh. Lond. Episc. Tho. Wint. Episc. Lancelot Eliens Episc. Richard Covent Lich. Episc. Ioh. Ross. Episcop Iul. Caesar. Mil. Tho. Parry Mil. in ferenda Sententia nos esse volumus Upon this the Countess procures Process against the Earl to answer her in a Cause of Nullity of Matrimony The Earl appears before the Commissioners by his Proctor and she gives in her Libell viz. That the Earl and the Lady six years since in January Anno Domini 1606. were married her age then thirteen and he fourteen and now she is two and twenty and he three and twenty years old That for three years since the Marriage and he then eighteen years old they both did co-habit as married folk in one bed naked and alone endeavouring to have carnal knowledg each of others body Notwithstanding the Earl neither did nor could ever know her carnally he being before and since possessed with perpetual incurable impediment and impotency at least in respect of her That the Lady was and is apt and fit without any defect and is yet a Virgin and carnally unknown by any man That the Earl hath confessed oftentimes to persons of great credit and his nearest Friends that he was never able carnally to know her though he had often attempted and â—sed his utmost endeavours And therefore prayeth the Commissioners upon due proof hereof to proneunce for the invalidity and nullity of the Marriage The Earl by his Proctor denies the said Contents Contestatio lit is negative His Answer is required by Oath by second Process where in open Court his Oath was administred with so great care and effectual words to minde him of all circumstance as the like hath been seldom observed The Earl viva voce confesseth the Marriage and circumstance as in the Libell and were not absent above three Moneths the one from the other in any of the said three years That for one whole year of the three he did attempt divers times carnally to know her but the other two years he lay in bed with her nightly but found no motion to copulation with her That in the first year she shewed willingness and readiness therito That he did never carnally know but did not finde any impediment in her self but was not able to penetrate or enjoy her And believeth that before and after the Marriage he found in himself ability to other women and hath sometime felt motion that way But being asked whether he found in himself a perpetual and incurable impediment
Savile Derb. William Kneveton Esq Norf. Philip Woodhouse Oxon. William Pope Rutl. Iames Harington Staff Richard Fleetwood Esq Oxon. Thomas Spencer Esq Lanc. Io Tufton Camb. Samuel Peyton Norf. Ch Morrison Kanc. Henry Baker Essex Roger Aplâ—ton Esq Kanc. William Sedley Kanc. William Twisden Kanc. Edward Hales Kanc. William Moynes Essex Thomas Mildmay Esq Essex William Maynard Buck. Henry Lea Esq Wilt. Edward Gorges Essex Harbottle Grimston War Thomas Holt. Som. Io Porâ—man Linc. Io Wray Berk. William Essex Ebor. Marmaduke Wivill Wilt. Fr Englefield Staff Io Pessel Esq Essex William Aloff Wor. Edward Devereux Dev. Thomas Ridgeway Cornw. Renald Mohune Essex Paul Baning 68 Knights 22 Esquires 90 These afterwards Doneld Thomas Blaxton Esq Chester Rowland Egerton Esq Norf. Roger Townsend Esq It is well known that Queen Elizabeth left her Coffers empty and her Revenue not ample for in Treasurer Burghley's times the profit of the Kingdom besides Wards and Dutchy of Lancaster was one hundred eighty eight thousand one hundred ninety and seven pounds per annum and the Payments one hundred ten thousand six hundred and twelve pounds per annum In which Payments these were constant per annum The Houshold forty thousand pounds Ordinary and now increased necessarily almost treble The Privy Parse two thousand pounds The Admiralty thirty thousand pounds 1. For support this King was to proportion his issues with his Revenues both certain and casual 2. By abating or reforming the excess of his Houshold 3. By raising moneys and improving the Crown Revenues For the first he could not well tell how to begin that Lesson for coming in hither with an increment of expence Himself Wife and Children and a large Train of old Servants to be new rewarded the Marriage of his Daughter very lately which expence in that amounted unto near an hundred thousand pounds and her Atd-money came but to twenty thousand and five hundred pounds And that we may see the Charge and Expence of this Marriage in particular I shall set it down  lib. For the Palsgraves Diet at his standing house 6000 For his Diet at his Instalment of the Garter 4000 For Diet at his Marriage 2000 For Lodgings for his Servants 830 To the Wardrobe for Apparel for the Princess Eliz. 6252 For furnishing her Chamber 3023 Apparel and Necessaries for her to my L. Harington 1829 Jewels and Apparel for her Servants 3914 To divers Merchants for Silks c. 995 The Lords Mask at her Marriage 400 For the Naval Fight of Fire-works on the Thames at her Marriage 4800 More Fire-works on the Thames at her Marriage 2880 To Sir Edward Cecil as Treasurer for her Journey from hence to Heidelbergh and for her Purse 2000 For setling her Iointure and charges to some of the Gentry to go thither and to take the Assurance 800 For her Transport to Flushing 5555 Totale 53294 Paid over to the Palsgraves Agent for her Portion 40000 The Total is ninety three thousand two hundred ninety and four pounds These Expences put the King to consider of the best means of Recovery so that several ways were proposed to make his Disbursments answerable to his In-comes and the way was the first work of Ordinary good Husbandry and might well be expected from a Paterfamilias yet it would not for the present Rebus sic stantibus become this King whose fame and honour as all other Sovereignties so his in particular stood more upon Reputation than profit and therefore he according to the magnificence of Royalty left that consideration and he had done reasonable well if not too much for satisfying his Train His second way was to consider of his great expence of Houshold now enlarged into several Courts King Queen Prince and Nursery and these being lookt into he was forced contrary to the royal and largest heart of any his Progenitors to come to Retrenchment and truly in this he was advised to use the means of mean people and others subordinate Ingram and others And first he removed by Proclamation a number of useless persons of his own Nation that unnecessarily depended upon the bounty of his Court and returned them home again Then he proportioned to each Court their expence particularly rated for personal Diet and Dependance Livery and Wages Charge and Salary And this was done without publick complaint of any pressure upon the people as hath been usual heretofore to Parliaments and by them redressed but prudently considered and so referred to the Council-table In ancient time the Houshold was regulated by Book-order and continued so to Henry 8. when Cardinal Wolsey for more honour to that Christmass King of immoderate expence settled it and so remained a ground-work to this present time being now so corrupt as that new ways were proposed in effect to put down Tables and to allow Attendance-money as France does or else by setting up the Hall again to the best first and most magnificent Order that so being spent in publick to the Kings honour the secret waste of Chamber-diet and purloining prevented for out at the Court back-doors most of the meaner houses at Westminster were maintained with food and firing the stealth of under-chamberers We all know what excess was usual in our ancient Retinue and Servants with blue coats and badges especially respecting the Garter of St George who were now ordered to lessen their number and afterwards to fifty Gentlemen and no more to each Knight of that Order heretofore an excessive number to vie it out who should bring most And to reform himself from the excess of his royal heart in gifts and rewards he published Orders and Articles in print in what manner his pleasure restrained his bounty and what natures he was willing to grant Having been liberal to the Scots whom he brought with him men of the greatest eminency at home thereby to binde them here with Free-hold Lands as also with English Tithes for what held the great Gascoign Iean de Foix firm to the Crown of England but his Earldom of Kendall here A neglect in Queen Elizabeth to draw the chief Nobles 〈◊〉 into England by exchange or gift of Lands to have 〈◊〉 them Free-holders here she might then have spared two 〈◊〉 her Wars 〈◊〉 indeed the Kings gifts in Land to the Scots unthankfully 〈◊〉 â—â—â—ttingly they sold conveying that Treasure into Scotland 〈◊〉 his great Design of uniting them here became frustrate 〈◊〉 we finde how many of them not so engaged have turned 〈◊〉 ersaries to his Posterity And I remember well not a penny given then freely to the Scots but gave alarm to every part of Englands Discourse Notes Copies of all privy Seals for money given and so shewed then in Parliaments Yet no noise of what the English had though ten times more But his free hand having stretcht his purse-strings there was a free Benevolence considered of from such good Subjects as in hearty affection to their Sovereign were willing to
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
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
Honoured Lord and Father to give concurrence to so laudable a design for it doth not a little grieve him to see that great Evil grows from Division of Princes Christian which if this Marriage between the Infanta of Spain and my Self may procure I shall the rather conclude my happiness therein For as I have been far from incouraging Novelties or to be a Partisan in any Factions against the Catholique Religion so shall I seek occasion to take away suspitions that I desire but One Religion and One Faith seeing We all believe in One Iesus Christ Having resolved in my self to spare nothing that I have in the World my Estate and Life for a thing so pleasing unto God whom I implore to give your Holiness health and happiness Charles Stuart A fatal Letter saies one whether this profession of the Prince did not rest upon him at his death was it such a sin in the Prince to wish and endeavour unity of faith and profession in Christ Iesus But thus he carps at every clause and descants on each syllable adding the words Apostolick Roman for Catholique Religion as shews he took time and leasure to leave his Book large and which inforces my Replies to this bigness of a Bulk And now arrives the Dispensation from Rome and thereupon the Articles signed by that King and Our Prince were sent over to England for our King and Council to consider When Abbot Arch-bishop of Canterbury in suspension of his function as you have heard and not comming to the Council Table somewhat factious to foment errours of State Our Author saies had the badge of a puritan clapt upon him and undertakes to join with the jealousie of fools That hereupon a Toleration must needs follow and so as a chief Stickler having no Office nor much esteem to hazard undertakes a long Letter to the King which perhaps was penned to please his Disciples with copies to publish in print after his decease we never heard tidings of it till now our last daies for Abbot Arch-Bishop of Canterbury Primate of all England was the first Man that signed to the Post-script which attested those Articles of the mariage and so did all the Privy Council If not he than none at all O! but the good old man is excused Being much against his mind and swore with as little zeal to observe it such power saies he have Kings over Mens consciences And I can tell him that there were two other Bishops Iohn Bishop of Lincoln and Lancelot Bishop of Winchester Men of far greater merit and high esteem and evener Conscience that subsigned with him These Articles were concluded with a sumptuous Feast at White-Hall and the Spanish Ambassadours invited that day to Dinner but what to do That after Dinner they might take a private Oath of the King For what Marry in favour of Papists for free exercise of their Religion in all his Dominions and that the Parliament should confirm that Oath T is strange That the Oath never came to light but is it lost Nay for the Author had the Articles in keeping but not the Oath Hereupon he saies followed disputes of Religion frequent Doctor White and Featly against Fisher and Sweet and sets down thirteen points of Popery which they are not able to prove And that presently thereupon a Chamber-floor at Black-Fryers fell down flat with the weight of the Auditory three hundred at a Popish Sermon and a hundred killed out-right besides many maimed as the immediate hand of God a great Iudgement or an unfortunate Mishap through their wilful stupidity Abating his numerous Hearers also there was indeed fifty found dead and dying It was in truth a miserable Spectacle for doctrine and use to all Not as the fall of the Tower of Shilo was apprehended of such as mistook the Justice of God as peculiar only to those that suffered but ought to be example to all to amend their lives also yet see our Hypocrites charity to himself and censure of otheâ—s In this while the Articles signed are sent to Spain and some outward preparations here anent the Infanta's entertainment if she should come A Chappel new built adjoining to Saint Iames the place for her Court In Spain she was wantonly stiled Princess of England and more frequent Meetings afforded Her Suiter In an inâ—tant Pope Gregory dyes so that the dispensation not made use of as yet was invalid and a new License must now refer to Urban that succeeds to the Chair Winter quarter was come the weather foul unfit to travail and might indanger the Princes Return by rough Seas and therefore was invited to stay till after Christmass and so to take his Consort with him The Prince and his Council doubting more delaies sent word to England for the Kings consent to return speedily and had accordingly warrant by the next Expresse to take leave of Spain This news so sudden startled that State to have the Sister of so great a Monarch and the best born in Europe to be left by her Lover with much regret that they had gone thus far forward which Olivares took upon him to quarrel and in heat of discourse hereabout with the Duke urged their sudden resolve of parting to be hastened by him without the Princes intention And Sennor Duca saies he you have not done well with us to represent our affairs to your Master in evil sense Buckingham told him His information came far but wished the Intelligencer there present It cannot be denyed saies Olivares It is false said the Duke The other starts back in mighty passion seeks for the Prince and tells him all And had this Answer He might not believe it without just cause given or otherwise much mistaken The Condies choler not abated he finds out an English Gallant Sir George Goring and in Language of a Challenge complains That did not his own sense of suffering come in competition with his Masters honour the Duke should know the danger of the Ly. But he was told the others temper Whom no threats could ever make afraid and since your Grace seeks me out for the honour I shall do your â—rrand and bring the Dukes Answer Which was That he had the like regret by being a Guest but had rather to suffer under the power of the others Sword than to injure truth withconsent to a contrary sense But the King made them Friends This great Favourite was named Gasper de Gusman a third Brother born in Rome and upon the fall of his Predecessour-Favourite and his Family the Duke of Lerma under Philip the third This Man crept into esteem with the Prince at that Kings death he mannaged all and was in hasty time created Conde-Duke de Olivares an excellent Minister of State with much zeal and passion to agrandize his Master and His Dominions So that the excess became his vice to his loss of the affections of the Princes Nobility and People
and some to the Gallies but were only all banished The King of Spain sends the whole Process to Venice and by His Ambassadour Lieger there one Mendoza declares publickly to all the World That in case his Minisâ—ers should so offend He remits them to punishment where they resiâ—e And another Mendoza for abusing our Ministers of Staâ—e here was first restrained and after banished 1586. See Another hereafter in this Kings Reign the Marquess Inojosa for scandâ—lizing the Prince and Duke of Buckingham 1624. And our Bookmen say that a Forein King though admitted here by safe Conduct for without Licence he cannot come may be impleaded for Debt or Trespass and condemned for Treason for iâ— is a general Law of Nations That in what place an offence is committed according to the Law of that place they shall be judged without regard of any Privilege For a King out of his proper Kingdom hath 〈◊〉 merum Imperium but only retains Honoris Titulos Dignitatis and per omnia distringitur etiam quoad personam And the same assuredly is of their Ambassadours Nâ— occasio daretur delinquendi He hath protection of His pâ—rson Like as a Sanctuary will save a Mans life from Manslaughter but not when Manslaughter is committed within the Sanctuary for then he does willfully wave the benefit Indeed their Persons as their Masters are sacred from violation of private men but not from punishment of offences against the publike State See Cook 7. part c. Here are Presidents but it hath been more nicely disputed let others conclude This year gave end of daies to that antient Noble Lord William Pawlet Marquess of Winchester and Lord Treasurer of England twenty years having lived 97. years whilst he saw the Children of his Childrens Children to the number of one hundred and three persons 〈…〉 bishop in spite of Adamson a Minister preaching against that Order which he divided in three sorts 1. The Lords Bishop to wit Christ and such was every Pastor 2. My Lord Bishop such who sit and vote in Parliament exercising Iurisdiction over his Brethren 3. The third sort was my Lords Bishop one whom some Lord in Coâ—â—â—substitutes hiâ— Receiver without means or Power Episcopal whom he called a Tulchan Bishop because the Tulchan which is a Calves skin stuffed with straw is set up to make the Cow give down her Milk Mr. Knox he preached more and pronounced Anathema dantâ— anathema accipienti Whilest the Estates were busie at Parliament far off from Edenburgh and thereby secure an attempt was made upon them There was one George Bell in Edenburgh Ensign to a Foot Company born in Sterlin well acquainted with each Corner there and each Lords Lodgings possibly to be surprized in their careless watch He marches from Edenburgh with two hundred Horse and three hundred foot Earl Huntley and others their Leaders thither and undiscovered till they had planted the Market place and set Guards in the Lanes entered the Lords Lodgings and surprize them Prisoners the Regent Glencarn and others Morton only defends himself with his Servants and the Enemy in hast set the House on fire some of his Men slain he yielded to Balclough who had married his Neece Margaret Dowglas The Souldiers careless fall to plunder the Houses whilst Mar and his men in the Castle force the Market place but in vain Then he sends sixteen pieces of Brass called Founds to his own new House a building and so not reguarded for plundering got up to the upper Rooms and shot out at the Windows into the very street when the Enemy was thickest who thus amazed fled without order and Mar pursues them with such other that crept out of their Hidings and make a sufficient number to be again Masters of their own both Prisoners and Spoil Morton and Glencarn seizing their Keepers the Regent was taken by David Spency who to save him at 〈◊〉 from the Souldier lost his own life and His also So both sides were vanguished and both victorious in a few hours Of such advantage is diligence and expedition and mischievous is negligencâ— and security Multum in utramque partem fortuna potest as Caesar saies The Kings Grandfather Lenox thus dead and presently buried there were three listed for Election Arguile Mar and Morton the first but lately reconciled to the Kings part the last was best beloved but Mar had the charge of the Kings person and so caried the vote to be Regent Sept. 1571. Much he could not do in his small time of Government he convend the Country and sate down against Edenburgh but wanting Artillery returns to Liâ—th parts the Kingdom â—â—to quarters and sends for their Divisions by turns Those in Edenburgh issue oâ—t and set fire on Dalkieth with Spoil and Pillage return but were so close beset that wanting victual they pâ—ocure the Ambassadors from France and England to mediate the reconcilemeâ—t And for a Preaâ—ble to future peace the Ambassâ—â—ours obtain a Truce in Iuly beginning the first of August 1572. until Ianuary following The Conditions were that Edenburgh should be free for all the Kings Subjects which was to say that the Enemy could keep it no longer And before the end of this Truce Mar takes leave of this life in a desperate Feavour at Sterlin October 1572. and without dispute Morton was elected to succeed him And now let us to return to England where in November 1572. appeared a blazing star alwaies portending ill fate to great persons It was placed Northwards in the Constellation of Cassiopeia making a Geometrical figure with three chief fixed Stars lozing-wise called Rombus It appeared bigger than Iupiter and less than Venus It never changed place but carried about by motion of the Heavens as other fixed Stars and so continued six moneths The Sphere far above the Moon where no other Comet was ever seen or indeed Natural can appear so strange to Astronomers as since the Creation was never the like and had onely reference to Caelestial or rather super-Câ—lestial consideration And therefore forthwith followed in Ianuary that Thomas Howard Duke of Norfolk was arraigned in Westminster Hall before Talbot Earl of Shrewsbury High Steward and 25. Earls and Barons His Commission being read Garter King of Arms delivers to him the White Rod which he receives and delivers to a Serjeant at Arms standing by and holds it up all the time The Duke was brought in between two Knights and the Ax held besides him by the Executioner with the edge from the Duke but after sentence it was immediately turned to him His Tryal lasted till night and all the matters before remembred were urged against him together with his own Letters as also those of the Queen of Scots and Bishop Rosses besides evidence by Witnesses whereof he was condemned as in Case of High Treason and after 4 moneths delay he was executed upon the Tower-Hill where he acknowledged and confessed all Aboâ—t ten daies after Commissioners were sent
to the Q. of Scots to expostulate criminally with her 1. For usurping the Title and Arms of England and had not released them as was agreed in the Treaty of Edenburgh 2. For the practice of Mariage with the Duke of Norfolk 3. As also all the beforementioned Contrivements particularly urged To all she wisely answered and to the most of them Nâ—gative A League being concluded between England 〈◊〉 France the Ambassadour moved for favour to the Queen who was answered that she deserved none for that she had secret confederacy with the King of Spain by the Lord Seaâ—on which being discovered and true the French were silent The Estates of Scotland took some time to present their Desires to Queen Elizabeth how fit Morton was for the Regency which â—he took well though she knew they intended the power upon him for so she had the honour to say She made him and with whoâ—â— in truth she alwaies kept the most narrow correspondency trusting to his Judgement and diligence to do much for the King with whom he alwaies sided The King was committed to the custody of Alexander Erskin for Erskin the then Earl of Mar was under age whose peculiar right it was to challenge that trust and Buchanan designed his Tutor a man of some fame by the Scale of learning whom Time and Ambition wrought afterwards a dangerous Incendiary to the King and State From this Parliament now sitting were the Papists utterly excluded and laws for advance of Religion enacted to the wonder of all how soon the Papists frighted into fears of loosing their Estates very forwardly subscribed to the Reformed which so heightened the Kirk into swelling Pride against Bishops also that their violence afterwards could never be brought to Moderation Though the Protector conceaved the Prelatical function to be no less necessary in State then warrantable in Reformation And so he regulated them as the Bishops of England Votes in Parliament but abridged their Authority over others And thus stood the power of Synods interposing the moderate Prelates who yielded much in Peace to the publick Ministery and belike conceiving that time and experience might mollifie them to a more convenient Constitution The faction for Papists was of the French and Queen of Scot whose countenance were the Hamiltons Arguile Huntley and Hume ancient Barons Grudging at the Vice-Roy's Government sought to undermine his Establishment and he at home by pleasing the people gained the City and Kirkmen For now was Knox become the Temple incendiary imitating the Vandalls devastatious ruinates the Monuments of Ancestors Piety Church-bells and Bed coverings scape not him nor any other such like sacrilegious ravings himself accknowledged that Mary had and did then blame him for his too great rigor and severity that in his heart he never hated the persons against whom â—e thundred Gods Iudgments hating their Sins and forbore none of what ever condition doing it in Gods fear thus much he said for him selfe and being the words of a dying man I say them over for Christian Charity and Honour to his parts whose Character needs no more than the former History faithfully set down wherein it appears a Beacon he had been apted to fire the Kingdome but his blaze was this year extinguished and he died of good age 67. years whether his History of the Church were his own is suspected of some his name supposed to gain credit to the work which in many parts seems ridiculous Morton in some eminencie and lustre fell into an obloquie of an infamous Act upon the person of Thomas Percey Earl of Northumberland whose desperate case together with Westmerland forced them from home as you have heard to seek for succour in Scotland after some time Westmerland got into Flanders but Northumberland wandred in the woods of Hatles for habitation and was heretofore by his Comrades betrayed to Morton and delivered up by him to the late Regent Murray whose Authority preserved him by the Law of Nations from Queen Elizabeths fury but now Morton powerfull by preferment and plentifull in Estate whom honour had made so aud some meritt valuable yet I know not with what errour of honesty basely sould him for a piece of Money to Hunsdon Governour of Berwick and so became headless by the fatall Ax at York The fruit of this ungratious Act fell upon the Protector himself in the Ultimum of his life by the like fall of the Ax that often cures great men of these wicked maladies 1581 The Kingdome of Scotland heretofore in severall fewds now was devided into two unnaturall factions of Son and Mother the King and captivate Queen in which dissention the Nobility side into severals England and France interpose accord but with sinister respects for the French Ambassadour had his Item and meant nothing less Queen Elizabeth to countermine him sent Killegrew to join with the King and Religion yet a Treaty was perswaded In the interim Kirkaldy Lord of Grange and Governour of Edenburgh Castle being on a high Rock inaccessable fortified by a Feâ— and Lake on one side and a Moss which surrounds it and to his faction being the chief Baron the French gave hope of assistance To whom he sends over his Brother Iames Kircaldy for men and money with which returning he lands at the Castle Blackness the Governour thereof Andrew Stuart though before his Confident was of late bribed to seaze him into fetters whilest he carried the news and 1000. French Crowns of Kirkaldies to the Regent In his absence on this treacherous errand Kircaldy corrupts his Keepers and they the Souldiers and so of a Prisoner he hath the Keys and custody of the Castle In two daies returned Stuart and no sooner entered but is secured into Irons which he studies to revenge and conceived that the best way might be the same and so the less suspected to catch his Adversary in the same Gyn which so lately caught him With feigned tears and a cunning tale he melts the hardned Gaolers into compassion and they the Guard with helps of some bribings some Crowns secretly sowed up in his quilted Wastcoâ—e And as if better than they could design it Kircaldy would needs accompany his Wife in a visit forth of the Castle when as hastily he was shut out and the late Governour set at liberty commands all again During which time the Treaty came on but ended without effect and Grange begins his fury on the City as fuel to his fire Either part implore assistance The Protector from England and soon was sent to him by Land and Sea nine Canons six demi-Canons six Sakers 9. Culverins with all necessaries and 1500. men under Command of the Marshal of Berwick Sir William Drury who joined with 500. hired Scots and so furiously assaulted the Castle that from the twenty fifth of April in thirty three dayes it was rendred to the Mercy of the Queen of England who referred it wholly to the Regent and the Lord