her to set her hand unto three Instruments To resign her Crown and Royal Dignitie to her Son scarce 13. moneths old Murray to be called home to be Vice-gerent and if he refuse then To these Rectors Iames Duke of Castle-herault Gilespich Earl of Arguile Matthew Earl of Lennox Iohn Earl of Athole Iames Earl Morton Alexander Earl of Glencarn and Iohn Earl of Mar. And this she did as extorted in Prison which were publisht and proclamed the 19. of Iuly 1567. and 5 daies after the Prince crowned at Sterlin at thirteen Moneths and eight daies old The Royal â—ow much soever infant being due to him at his Birth is furrogated into the Throne of his deceased Ancestors and Morton and Hume take Oath for the King Solemnities and Paction by stipulation and Coronation do but shew him to the people not make the Soveraign and so by these pledges of their faith knit affections together for the Ceremonies of his Coronation due from his birth though prorogued for a while did not derogate from his Right and Regal Authority And Knox knockt out the Sermon Murray is sent for and returns out of France and August 20. accepts the Regency And because very lately we mentioned Bothwells challenge for combate In this void time and place we shall say something concerning Combates It was usual in all parts of Christendoâ—e where differences could no otherwise be decided the party was allowed his purgation By Oath or otherwise per dquam canâ—entem ferrum ignâ—um or duellum vulgare The Northern Saxons and Normans brought it amongst us and so continued whilst we were barbarous but afterwards condemned often by the See of Rome Richard 1. gave leave for Turnaments for it had been done by licence extrajudicial and so we had of them between Counties and Towns It a quod pax terrâ—â— nostr a non infringetur As also Vir is militaribus Com. Lincoln And afterwards Redman and his three Friends Hastiludere cum Halberton tribus sociis suis Civit. Carliol And it followed to be very Ordinary and too much frequent till the Pope forbad it through all Christendom Detestabiles nundinas vel ferias quas vulgo Torniamenta vocant c. unde mortes hominum et pericula animarum sâ—pe conveniunt The single Combat was also by legal process in Cases Criminal in appeals of Treason out of the Court Marshal as between Essex and Montford in Henry 2. time Audley and Chatterton Rich. 2. For Murther or Robbery it is out of the Kings Bench as you may read it Modus faciendi Duellum It hath been granted in Cases Civil out of the Marshalls Court about different bearing of Arms as between Scroop and Citsil or otherwise for Title of Land as in Paramoâ—rs Case But the more justifiable hath been used by sundry offers singly for saving blood-shed of many Three of Our Kings severally challenged that tryal against the French King And by Charles of Arragon and Peter de Terracone for the Isle of Sicile and that was allowed of by Pope Martin and his College of Cardinals But it was grown too Common and so afterwards forbidden by Canon between the Duke of Burgandy and Duke of Gloucester Being detestabile genus pugnae omni divinâ— et â—â—mano jure damnatum et fidelibus interdictum c. Et quâ—modo existimare quisquam potest rectum Iudicium ex Duello In quo Inimicus veritatis Diabolus dominatur The Regal Prerogative have sometime restrained that liberty in Martial Exercises or private quarrels and punished non-Conformists Edward I. Publice fecit proclamari inhiberi ne quis under loss of Lands and Goods either torneare bordeare aut Iustas facere aventur as facere c. sine licentia Regali speciali Nay none to wear weapons but the Kings Officers and some few excepted But more often to forbid single Combate or to determine it or take it up Mawbray and Hereford both banished And when Aneste and Chatterton were ready to fight Eandem querelam in Manum suam Rex recepit That of Fitzthomas being challenged by Sir William de Vessy to have defamed the King by Words mentioned in a Schedule Willielmus audita tenore Schedulae dementitus est predicto Iohannem dicendo Mentitus est tanquam falsus prâ—ditor denegavit omnia sibi imposita tradidit vadium in Manum Iusticiarii quo illud admisit Et predict Iohannes advocavit omnia deâ—entitus est simul dicto Willielmum This was done in Ireland before the Kings Deputy there but was adjorned into England before the King and there adjudged void Quia non sit citatus in Regno isto placitare in Curia Regis c. Duellum coâ—ceâ—ere in plaâ—is de quibus cognitio ad curiam Regis non pertinet contra legem consuetudinem Regni Igitur concordatum est quod processus totalitur adnulletur Sundry punishments in several Cases without licence The Earl of Surrey fined a thousand Marks pro quadam transgresione in insultu facto in Alanam de la Zouch Inquisitio facta est de omnibus tenementis catallis Ro. Garvois quia Insultum fecit percussit Edwardum filium Willielmi or Williamson Cromwell was challenged by Seagrave to fight in France Subjecting thereby â—aith the Record this Kingdome to that was stopt in the way and tryed at the Kings bench Et super hoc dominus Rex valens habere avisamentum Comitum Baronum Magnatum aliorum de Concilio c. Qui omnes enim dicunt quod hujusmodi factum meretur poenam amission is vitae He was committed to the Tower and long time unpardoned His Second was fined two hundred Marks Droomlenrig and Hempsfield antient Noblemen of Scotland upon Suspition of Treason had leave to Combate at Holy-rood-house armed like antient Palladines fought it out till the King in presence parted them Iames 5. We read of one in the time of Queen Elizabeth 1571. between Simon Low and Iohn Ryme Plaintiffs against Thomaâ— Paramour Defendant It was by Writ of Right for some Lands in the Isle of Tenet in Com. Canc. and in issue at the Common-pleas Paramour had his Champion one George Thorn who came to the Bar flung his Gantlet into the Court to approve the right of Paramour by single Combate against any One Henry Nayler a Fencer takes it up to answer for the other Defendents And in Tuttle Fields by Westminster the place appointed A Tent for the Lord Chief Iustice Dyer of the common-Common-pleas and other the Barons of that Court. The Tilt 60. foot square railed in with Scaffolds round about for Spectators Two Pavillions East and West from one issues out Thorn apparell'd in red Sandals upon his black Armour bare legged bare head and bare arms to the Elbo brought by the hand of Sir Ierome Bowes who bore a red Baston of an ell long tipt with horn his Yeoman with an Ox-hide Target and the Gantlet bore before them upon a Swords point To oppose
if they escape there and go disguised yet they may be disclosed by many if the punishment were not death but only immuring in dead walls The penalty of Recusants in a stock would pay the charges Perdat fiscus ut capiat Christus Here we finde extremes in both Councils certainly there is a medium neither Execution nor civill destruction for perpetual Imprisonment renders a Man civily dead a better way may be if we could hint it And why not thus Let Preachers use the spirit against them not as usual to wast an houre-glass to skirmish against government and discipline How can we draw others to our Church without a foundation of our own not like undiscreet Dogs to bark at all but to distinguish A child that sucks Popery from the breast must needs speak the voice of Papists It was the Kings saying and distinction A great cause of continuance of Papistry in common people is That being fuller of Pagentry than Doctrine and the old sent of Roman perfume The common obedience of coming to Church more expected than the instruction of private families or by publick Catechising The first Elements are to be learn'd at home and were orderly contained in the Book of Common-prayer by instruction first and then Confirmation of the Bishops This excellent foundation laid by the fathers of the Church should not be despised by their children In former times Ministers haunted the Houses of worthyest men Countrey-Churches with the best of the Shire Prayer and preaching hand in hand together then Papists smelled ranck therefore for shame they resorted to our Churches and Exercises This was the Counsel then but start-ups with intemperate zeal and indiscretion fore-ran the authority of the Magistrate censuring whatever agreed not with their conceits and now a days we finde the effect The King removes to Greenwich where amongst the ranting Riders at Court one Io Lepton of York Esquire and the Kings Servant made Matches of Horsmanship with the most in Court and to approve his skill and strength for a good Wager rode five several days together between London and York and so back again the next for May 20. Munday he set out from Alders-gate at three of the clock in the morning and came to York between five and six at night the next morn sent him to London at six and seven the next morn he set out to York and came thither at eight and so within half an hour the same time performed it and the last day came also to Greenwich to the King by nine of the clock as spritely and lusty as at the first day to the wonder of all till another do the like The King of Denmark out of singular affection to his Sister Queen Anne arrives in England and anchors at Gravesend where King Iames boards him unexpected and brings him a Guest to Greenwich for a Moneth with such entertainment as Peace and Plenty could possibly afford and so curious he was to take a view of things within his Level about London that disguised sometimes he took that advantage but most unwilling to visit the Tower when he found it a Prison though from thence he rode in triumph through London presented with Pageants and costly complements to shew him the wealth and love of this People He might be shy to shut up his Person having by the Law of Nations submitted his freedom by entring the bounds of another Prince without leave The Earl of Flanders found the effects when in his return from thence to possess his Inheritance of the Kingdom of Spain and being by storm cast upon our Coast King Henry 7. disputing some unkindnesses formerly received not usual with welcome Guests the Earl suspecting the danger was fain to yield to all the Kings demands which was hard in one point being to deliver up the Countess of Warwick and other Fugitives resident in Flanders that took Sanctuary in his Countrey and so had leave to depart The other and worse success may be from Mary Queen of Scots who forfeited her freedom by entring into England and afterwards her life by pretence of Treason as you have heard before though indeed she wrote to Queen Elizabeth for admittance but hastily landed without leave The Earl of Northumberland Henry Lord Mordant and Edward Lord Sturton not coming to Parliament according to Summons by Writ were more than suspected of the Pouder Treason and were committed to the Tower the Barons were fined in Star-chamber and after some durance paid the money and were released The Earl being deeply engaged was fined there also thirty thousand pounds and imprisonment during pleasure as all such Delinquents are which severity of Fine towards him was thought more extreme than usually since the erection of that Court he continuing Prisoner till 1619. and then paid but eleven thousand pounds in all the fate of that Family evermore false to the Crown as Sir Iocelin Piercy was used to say Seldom Treason without a Piercy Camera stellata belonging to the old Palace at Westminster and the 28 Henry 8. called the Starred Chamber then as now had one great Star affixed to the Roof and one over the Door The Court seems to have beginning from the Statute of 3 Henry 7. cap. 1. It is ordained that the Lord Chancellour Treasurer Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings Council and the two Chief Justices of the Kings Bench and Common Pleas or other two Justices in their absence should have power to punish Routs Riots Forgeries Maintenances Embraceries Perjuries and such like not sufficiently provided for by the Common Law But Queen Elizabeth enlarged the number of the Judges And so now it was honoured with all the Kings Privy Counsellours See Powel's Att. Acad. And though Delinquents were severely censured in terrorem Populi yet there was usually a day after every Term where they met to mitigate the Fines and Punishments afterwards to a reasonable summ and Penance This I put to memory because that Court is suppressed for ever by the late long Parliament There was much ascribed to the Kings wisdom in the discovery of this Pouder Treason but the Iesuits had a note of Cecil's name in their Register not against them as a Day-labourer that carried some few stones or sticks but the Master Workman whose forein and domestick Engineers wrought in this Mine of discovery And therefore was he calumniated with many contumelious Papers and Pasquils dispersed like Iob's Messengers one at the others heels He takes time to consider whether to begin a warfare of words against those with whom disputes are endless because their end is clamor untill it was fit to express himself in clear terms lest any of these clouds which are unjustly cast upon him might darken the brightness of his Masters royal minde which hath been always watered with the mildest dew of Mercy and Moderation Amongst many he undertakes one directed to
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
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-Common-Pleas by a juggling Trick that staved off an opposite Witness the Plaintiff nevertheless exhibits his Bill in Chancery against the Defendants who sit out Process of Contempt and refusing to answer are committed to the Fleet. And for their Relief exhibit their Bill in Star-chamber against the Lord Chancellour Elsemore grounded upon the Statute of 4 Henry 4 ca. 23. That the Iudgment given in the Kings Court â—hall not be examined in Chancery Parliament or elsewhere untill it be undone by Attaint or Errour c. and so thereby he had incurred Praemunire and the Chief Justice Cook interposed and encouraged the Complainants The Chancellour acquaints the King who sends to Bacon Attourney General Sir Henry Montague and Sir Randal Crue Serjeants at Law and Sir Henry Yelverton Solicitor these men report back That there hath been a strong current of practice and proceeding in Chancery after Iudgment at Common Law and many times after Execution continued since Henry the Seventh's time to this day in Cases where there is no other Remedy at Common Law unto which the Iudges are peremptorily sworn And with this Sentence on Elsmore's side the aged Statesman leaves the Seat of deciding and sits down himself to his devotions leaving the Seal to be born by Bacon But the manner of the dispose is mis-told by the Pamphlet who makes it the Chancellour's heart-break to be rid of the charge when in ttuth the Term come and Elsmore sick the King sent for the Seal by Secretary Winwood with a gracious Message That himself would be his Deputy and not dispose it whilest Elsmore lived to bear the Title of Chancellour nor did any one receive it out of the King's sight till he was dead nor long after And because we may be assured of the Kings gratious favour to that grave Chancelour see what he saies to him in two Letters following writ every word with the Kings own hand My Lord These shall first congratulate and thank God with you for your recoverie and growing to health again for which I protest to God I praied everie Morn and Eve since you was at the worst as oft as I praied for mie self And next you shall be herebie informed how senseable I am of that disgrace offered to that Court of mine wherein you sit especially at a time so unseasonable It cannot but be a comfort to you to know how every Man censured the pertiallity and barbarity of that action and for my part you maie assure your self it shall onelie be in your default of not informing me if I do not upon this occasion free my self from fascherie of any such inconvenients hereafter I mean of such jarring betwixt my Courts of Iustice for I will whollie upon your information and advice what course to take in the handling of this business assuring my self that your conscience and care for my honour and service will set me in a course for making such an example in this case as may settle good Government in like Cases hereafter and so I bid you heartilie farewell Febr. 25. 1615. New-market James Rex Thus the King writes then and continued unto this grave Statesman such gracious Favours and esteem to the last of his daies for a twelvemonth after this letter and not long before his death he writes again To the Right Trusty and Right Well-beloved Our Chancelour of England My Lord The Letter I wrote the last year from this same Town unto you proved so good a Cordial for your health as I am thereby incouraged to do the like at this time and as I both hope and praie for with the like success I cannot but be eztremelie sorrie for your want of health but I confess I am more sorry for the evil conceit you have of your own strength which makes me the more to presume upon the good Operation of this Physick of mine since I am sure it can work more upon your mind than anie other worldlie thing The Greatness of your place and the abilitie which God hath given you to discharge it to the honour of God and the great benefit of the Common-wealth is a cause sufficient to stir you up to be careful of your own health and even to fight against disease as far as you can but when you shall remember how evil I maie want you and what miss your Master shall have of you I hope that reason will be predominant to make you not strive but conquer your disease not for your own sake but for his of whom you maie promise your self as much love and heartie affection as might be expected from so thankful and kind a Master to
so honest and worthily deserving a Servant and so praiing God to bless this mie cure I bid you heartilie farewell Febr. 9. 1616. New-market James Rex Hereupon there was some appearance of his amendment which the Prince congratulates under his own hand My Lord Chancelour As I was verie sorrie having understood of your dangerous sickness so I do much rejoice of the good appearance of your recovery which Thomas Murrey hath declared unto me and of the affection and caee you have of my person and of mie Estate for which you and yours shall ever find me most willing to give testimonie to the World how much I respect those who are truly affected towards me I hope bie Gods grace to give you particular bie mie self and that God shall give you health and strength of bodie and mind that the King Queen and I with this whole Kingdom may long enjoie the fruit of your long wise and religious experience which wishing from my heart I end New-market Febr. 18. 1616. Yours Charles Pr. These being the last Letters and thus assured of the acknowledgement of his Masters favour toward his merit he takes leave of this Life the fifteenth of March following 14. of Iac. 1616. The Common-pleas or Comunia Placita is the Kings Court or Bancus Communis Anno 2. Edw. 3. cap. II. so called Quia Communia Placita inter subditos or controversies between common persons it was now held in Westminster Hall But in antient times moveable as appears by Magna Charta cap. II. And that upon grant of that Charter the Court of common-pleas was erected and settled and one place certain viz. at Westminster wheresoever the King lay and that after that time all the Writs ran Quod sit coram Iusticiariis meis apud Westmonast Whereas before the party was commanded by them to appear Coram me vel Iustitiaris meis simply without addition of place see Glanvile and Bracton the one writing in Henrie the seconds time before this Court was erected the other in Henrie the thirds time who erected this Court. All Civil causes real and personal are or were in former times in this Court according to the strickt Law of this Realm And by Fortescue cap. 50. it seemeth to have been the only Court for real causes The chief Judge thereof is called Lord Chief Iustice of the common-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
Fugitives if he might be trusted with the Queens License which was promised to him but delayed whilst all was discovered to Walsingham by one Gifford a Priest whom he recommended unto Amias Pawlet to suffer his servants to be corrupted by him and so to intrap the Queen his Prisoner but though Pawlet refused to conspire with his servants yet he permitted one that depended on the necessary service of his Family a Baker to be bribed and at a hole in the wall to give out and take in letters between the Queen and all the confederates which were as sure to be opened and read by Walsingham who got the Keys of the Ciphers and had answeâ—s counterfeited to involve whom he pleased to suspect in the Plot. At last the time being ripe for Execution they were proclaimed Traytors and at several places seized examined and confessing to every particular they were executed as Traytors seven of them most cruelly the other seven with more mercy The Queen of Scots was so narrowly watched that she knew nothing of the discovery no not when Mr. Gorge was sent to her to expostulate these plots She being then on horseback a hunting was not suffered to return but in shew of honour was led to several Gentlemens houses in the mean time that her servants and her Secretaries are severed from Communication her Cabinet and Desks and Copies of Letters with sixty several Ciphers discovering all were seized and sent to the Councel Now is Gifford sent by Walsingham into France and given out as banished who leaves a Paper indented with the French Ambassadour In charge not to deliver any letters from the Queen of Scots or from the fugitives that came to his hands and to be sent into France but to such onely that brought the counterpain of the Indented Paper which he secretly sent to Walsingham And so depâ—â—ted into France where soon he died for having done the main work ere he went over was for his reward discovered to be a counterâ—eit even by slight of hand and Walsinghams contrivement and so had â—auce to his knavish face that pined him away by inches In this condition was the poor imprisoned Queen at Fotherringhan Castle in Northampton-shire when the Councel were as busie what to do with her At last they concluded to proceed upon the Act of 27. Eliz. made the last yeer against Plotters or contrivers of the Queens death as before said To which purpose a Commission under the great seal issued out impowring twenty four Noblemen and others therein who came to the Castle the 11 of October to try and censure her Against which she excepted As being her self a free Princess and not liable to tryall for life Her ignorance of the Laws of England and without Council Her papers and writings seized and so utterly refuses to be tryed Yet being over-born and convinced with many strong arguments of Law and Reason she submits The manner of her Tryal was thus A chair of Estate was set as for the Q. of England under a canopy at the upper end of the Presence Chamber Bâ—neath against it was placed a Chair for the Queen of Scots close to the Walls on both sides of the Cloth of Estate Seats were made for the Lords Chancellour Treasurer the Earls of Oxford Kent Derby Worcester Rutland Cumberland Warwick Pembroke Lincoln and Viscount Mountacute On the other side the Lords Abergavenny Zouch Morley Stafford Grey Lumley Sturton Sands Wentworth Mordant Saint John Compton Chenos Next to these the Knights Privy Counsellours Sir James Croft Sir Christopher Hatton Sir Francis Walsingham Sir Ralph Sadler Sir Walter Mildmay and Sir Amias Paulet Forward before the Earls sate the two Chief Iustices the Chief Baron of the Exchequer And on the other side the other two Iustices Delt and Ford Doctors of the Civil Law At a Table in the midst Popham Attourney General Egerton Solicitor Gawdy Serjeant at Law the Clerk of the Crown and two Notaries The Prisoner being set Bromley Lord Chancellour turning to her said The most illustrious Queen of England being certified to her great grief that you plotted hers and the Kingdom of Englands ruine and the overthrow of Religion established Out of duty to God her Self and People and no malice or ill meaning hath authorized these Commissioners to hear what can be laid to your charge and your Answer to defend your own innocency She rising up said She came into England to implore aid and was promised it but ever since kept Prisoner That she is not the Queens subject but a free and absolutâ—â—rincess and cannot be compelled to appear before Delegates or any other Iudg for any cause whatsoever but before God alone the supreme Iudge of all which otherwise were derâ—gatory to her own Princely Majesty to her Son the King of Scots her Successors and all other absolute Princes Nevertheless she did present her self to refute all Crimes that could be charged upon her The Chancellour replied that her Protestation was vain for whosoever offends the â—aws of England in England must be subject to the same examined and judged and therefore not to be admitted Yet the Delegates commanded her Protestation and his Answer to be registred The Patent and late newest Statute made a Law was read and opened to which she answered that it was purposely made to entrap her Gawdy averred that she had transgressed every part and parcel of that Law with a Narration of Babingtons Treason to which she was accused as conspiring abetting assenting to effect it She denies all never to have received Letters from him nor written to him she knew him not and requires Proofs of her Hand by any Subscriptions or Letters nay she never heard tell of any such Treason Ballard she knew not onely she understood that the Catholicks were grievously used and therefore she writ to the Queen for some pity upon them She confessed those Letters produced from many whom she knew not that profered their endeavours for her enlargement but she excited none to any wicked Design and being a Prisoner she could not hinder their Attempts Then was Babingtons Letters read his Confessions and Correspondencies with her wherein the whole Conspiracy was expressed She answered that Babington might write them but prove any receipt of them if Babington or any other affirm so much I say plainly They lie A Packet of Letters detained a whole year came to my hand but I know not who sent â—t But Babingtons confession accused her therein She blamed Sir Trancis Walsingham for his cunning plottings to entrap her with counterfeiting Letters and Cyphers which he lamely excused and put all upon policy of State This held out the Fore-noon After Dinner was produced Charls Pagets Letter and Curls one of her Servants confession that she received it touching conference with Ballard and Mendoza for invading England and setting her free She acknowledged that a Priest told her that
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
that he was at the worst but singularis Testis To which the Lord chief Iustice gave it for Law that it was not necessary for either After much pleading Ralegh urging Law and Scripture for not admitting a single witness to condemn yet the Court was satisfied by the Iudges to the contrary Then said Ralegh Prove it by one witness face to face and I will confess my self guilty But the Iudges were of opinion not to admit that neither yet Ralegh insisted thereon with many stories and Presidents which took up much time But being asked Will you be concluded if Cobham should justifie his Accusation under his hand To this it may be observed that Ralegh made no Answer at all knowing his guilt but consented that the Iury should consult The Kings Council being to speak last they produced Cobham's Letter under his hand writ but the day before In effect thus That Sir Walter had writ a letter to him wrapt in an Aple and cast in at his window in the Tower ten daies since to intreat him for Gods sake to write to him under his own hand that he had wronged him in his accusations advising him to be constant in denials rather than to appeal to the King And now writes Cobham It is no time to dissemble and therefore protested before God and his Angels that all and every part of his accusation of Sir Walter Ralegh was substantially true and added that Ralegh had delt with him since the Kings coming to procure him a pension from Spain for Intelligence Then Ralegh rayl'd at him confessed that letter and produced Cobhams Answer desiring it might be read which the Attorny Cook opposed to whom Caecil replyed Sir you are more peremptory than honest come you hither to direct us and so read it which in effect was a Confession That he had wronged Ralegh and that he was Innocent This bore date ten dayes before And here Ralegh confessed that Cobham had offered to him a Pension from Spain and that he had concealed it as loth to ruine Cobham Then the Iury went out and returned in half an hour their verdict Guilty So was sentence as in case of Treason and he returned to the Tower where he lay reprieved 12. years And three years after that was executed in October 1618. Two dayes before Ralegh tryal were sentenced these Brook who only excused his intentions meerly to try faithfull Subjects and said he had a Commission so to do but produced none Markham confessed the Inditement pleaded discontent and desired mercy Watson confessed he had drawn in all the rest holding the King to be no Sovereign til he were crown'd instancing in Saul and Ieroboam Clark said the like Parham and Brooksby were acquitted by the Jury Watson Clark and Brook executed Markham Cobham and Grey brought severally upon the Scaffold to die and at the instant on the Block had their particular executions remitted by a letter to the Sheriff under the Kingsown hand without the knowledge of any person but Master Gibb of the Bed-Chamber that brought it The warrant was directed to Titchburn high Sheriff of Hampshire for staying execution of the late Lord Cobham Lord Grey and Sir Gr. Markham at Winchester 1603. Although it be true that all vell-governed and flourishing Kingdomes and Common-wealthis aire establishid by Iustice and that these two Noblemen by birth that aire now upon the point of Execution aire for thair treasonable practices condamned by the law and adjudget voorthy of Execution thairof to the Exâ—mple and terror of otheris The one of thaim having filthily practiced the overthrow of the qâ—hole Kingdom and the other for the surprize of our owin Person yet in regaird that this is the first year of our raign in this Kingdom and that never King was so far obleished to his people as ve have been to this by our entry here vith so hairty and general an applause of all sorts Amonc quhom all the Kinne friends and allies of the saidis condamnd parsonis vaire as fordurat and duetifull as any other our good Subjects as also that at that very time of thair arraignment none did more freely and readily give thair assent to thair conviction and to deliver thaim into the handis of Iustice then so many of thair neerest Kinsmen and allies as being Peeris vaire upon thair Iury as likevaise in regard that Iustice hath in some sort gotten course already by the Execution of the two Priests and George Brook that vaire the principal plotteris and intisaris of all the rest to the imbracing of the sadis treasonabill Machinations ve thairfore being resolved to mix Clemenie with Iustice aire contented and by theise presentis command you our present shief of Hampshiere to superseid the Execution of the sadis two Noblemen and take them back to thair prison again qwhile our further pleasure be knowin And since ve vil not have our Lawis to have respect to personis in sparing the great and strikking the meaner sort It is our pleasure that the like course be also taken vith Markham being sory from our hairt that such is not only the hainous Nature of the sadis codamned personis crime but even the corruption is so great of thair natural disposition as the care ve have for the safety and quiet of our state and good subjectis vil not permit us to use that clemencie towardis thaim quhich in our owin natural inclination ve might vary easely be perswadit unto Iames Rex However the King was meâ—cifull yet an evil fate followed them Grey died in the Tower the last of his line Cobham Markham and others were afterwards releast imprisonment but died miserable poor And Ralegh fifteen years after lost his life by the Axe for this Treason See 1618. I have been the more prolixe against our Adversaries that thereby the world may judg with the Jury of his Guilt or innocencie How could Wade the Lieutenant of the Tower who was alwaies esteemed honest tamper with Cobham to write his Name to a Blank to which Wade framed an accusation against Ralegh when it appears Cobham never signed at all to any which therefore Ralegh insisted upon for his advantage in the tryal But in truth besides the confessions His fatal evidence was Cobhams own voluntary last letter overnight writ every whit with his own hand The King commanded as the Court was assured at his tryal that no Examinant should be wrackt which made Captain Kemish the Emissary between them to protest afterwards in my hearing that in truth he was threatned with the wrack which was shewed to him and that had he tasted thereof it should have inforced him to tel an odd tale meaning of guilt Sir Walter was admitted a chair pen Inck paper and truly he rather tired the Court and Jury with Impertinences though he spoke well Not much to remind what we have said concerning the humours of the Presbyterians so throughly canvased
And so it was in his Mothers time and without consent of Parliament else it would seem a League of the People And in his time when it came to be Ratifyed least it should appear In odium Tertii it was by Him left out in respect of his Title to England 3. Who is so ignorant as can not see the profit and commodity to England by this Union is there not Gain by Wales is not Scotland greater Lands Seas and Persons added to Greatness certainly Two made One makes them Greater and Stronger He desires Union for the Empire of England and for their security to condescend to reasonable Restrictions And he will never say what he will not promise nor promise what he will not swear nor swear what he will not perform And so dismisses them But although the Parliament could not be drawn to it presently yet not long after it wrought upon the Judges of this Kingdom that the chief Justice Coke confirmed the Post-Nati in Calvins Case and Title And adjudged for him also by that reverend States-man Chancelor Elsmere and all the Iudges likewise in the Exchequer Chamber whose opinions do much confound our Adversary bewailing the Cause That of such stuffe Judges are made who can modell their Presidents to any shape And yet all that this Session could be drawn to do was to repeal the Laws of Hostility between both Nations and so confirmed in Scotland from the fourth of Henry 5. of England and from 1 Iames 1. of Scotland Some excellent Acts were concluded this Session which I refer to the statutes in print But because the Judges in that time are complained of as too partiall for the Kings commands Let me aeternize the memory of Judge Nichols of the common pleas His Predecessor in his Circuite Assize for the County of Northampton had reprieved a Felon indicted before him and found guilty by the Jury and condemned but reprieved by him upon some observation of the weakness of the Evidence This Iudge dying Nichols appointed for that Circuite continues the Prisoners reprieve And the complaint came to the King who urgeth the Judg by letters for Execution which yet he refused His just excuse was That if his Predecessor who heard the Evidence thought good in Iustice to grant his reprieve It became not his Conscience now to condemn him seeing he never heard the Evidence at all And that it was part of his Oath to do right notwithstanding the Kings letters 18. Edward 3. This man therefore the King owned to be a wise learned and just Judge for though he might perhaps have given just Iudgment it could not be true Iustice. Licet aequum statuerit hand aequum fuerit Heretofore Proclamations had been by Queen Elizabeth and King Iames against the excessive repair of persons of quality out of the Country to London by neglecting their duties at home in their respective service to the Common weal the decay of Hospitable Neighborhood and relief of the poor Besides the more room made for them crowded the Mechanick and Trades-men into narrow habitations and dear rents pestering most houses with Inmates Infections and sickness the Country Towns and Burroughs unpeopled trade decayed But these commands not obeyed The wisdom of State was assured that the cause taken away the effects would follow The restraint of New-buildings might necessitate the Gentry to keep to the Country for want of lodgings at easie rates in London And such as should be were prescribed heretofore a form of Brick upright to save Timber so much wanting and to beautifie the streets incroached upon with bay windows and eaves hanging over that even joyned with the opposite Neighbour upon old or new foundations a Custome of freedom in after times of loose liberty which destroys the beauty of buildings And now necessity enforcing a farther Obedience this proclamation hath these Limitations No new buildings in London or two miles about but upon old foundations And such as have been erected within five years last past contrary to former Proclamations which were to be pulled down shall nevertheless be disposed by Officers appointed for tenements to the poor or for their benefit and hereafter offending to be pull'd down No House to be divided hereafter into several Tenements nor any Inmates received to make another family These prohibitions were referred to the Aldermen and Iustices of Peace and this was in October 1607. When the plague ceased and the fresh gang of the Countrey came huddling to keep Christmass at London Our Caluminator that swells his Book with malitious observations and false quotations refers this to 7. Iac. 1609. and belyes the restriction to be pulled down though says he not taken notice of in seven years after for this Proclamation commands the Aldermen and Iustices in their diligent view perambulation and inquiry to certifie the Kings Council every Term or their neglect to be censured punished and removed from the Peace as unworthy Whereby says he many not heeding the Proclamation laid out their whole Estates upon little Hovels and building fair houses upon new foundations must either purchase them anew or pull them down and both to their ruine Name me one that was repurchased Indeed such as offended in this last were to be fined or pulled down And truly the commands were so necessary so wholesome so beautifull and so exemplarily publick that very few offended and such as did deserved due punishment yet this is scored upon the King as a Crime in State which he foresaw would come to pass as now in these days we finde the effects to be pitied the very ruine of this City and Suburbs The Lord Treasurer Dorset died suddenly at the Council-table his Disease an Apoplexy which gave way to Cecil Earl of Salisbury to succeed him Treasurer this Dorset was Thomas Sackvile Son and Heir of Sir Richard Sackvile of Buckhurst who came from the Temple a Barrester and was created Baron Buckhurst by Queen Elizabeth and by King Iames Earl of Dorset 1605. and Knight of the Garter About this time a further discovery was made in Scotland concerning the truth of Gowry's Treason by Attainder of another of the Conspiratours The Treason was attempted the fourth of August 1600. as before remembered and though there followed sundry Suspitions and Examinations of several persons supposed Abettors and Contrivers then yet it lay undiscovered tanquam e post liminio untill this time eight years after by the circumspection principally of the Earl of Dunbar a man of as great wisdom as those times and that Nation could boast of upon the person of one George Sprot Notary publick at Aymouth in Scotland from some words of his sparingly and unawares expressed and some Papers found in his house whereof being examined with little ado he confessed and was condemned and executed at Edenburgh 12. August 1608. A Relation I conceive not common but in my hands to be produced and written by that learned Gentleman
Sir William Hart then Lord chief Iustice in Scotland and principal in all the Acts of Judicature herein And first Sprot confesseth that Robert Logane late of Râ—stalrig was privy and foreknowing of Iohn late Earl of Gowry's treasonable conspiracy That divers Letters were interchanged betwixt them therein Iuly 1600. which Letter Iames Bour called Laird Bour Servitour to Restalrig imployed by them and privy to all had in keeping and shewed them to Sprot in Fast-castle That Sprot was present when Bour after five days absence returned with answers by Letters from Gowry and staid all night with Restalrig at Gunnesgreen and rode the next morn to Lothian where he staid six days then to Fast-castle where he abode a short space That Sprot saw and heard Restalrig reade those Letters to Bour and all their conference there annent who said Though he should lose all in the world yet he would pass through with Gowry for that would as well content him as the Kingdom That Sprot himself entered into conference with Boâ—r therein who feared that it would be dear to him and prayed Sprot for Gods sake not to intermeddle for he feared within few days the Laird would be landless and liveless That he had these Letters of Restalrig and Gowry which Bour had in keeping and were copied out by Sprot and that the original Letters were in his Chest when he was taken into Custody These and other depositions written by Iames Primrose Clerk of the Kings Council and subscribed George Sprot Present Earl Dunbar Earl Lothian Bishop of Roâ—s Lord Schone Lord Hallyrood-house Lord Blantire Sir William Hart Lord chief Justice Iohn Hall Patrick Gallow ay Peter Hewet Minister of Edenburgh and subscribed with all their hands Several other Examinations are attested under his hand with this Protestation That being resolved to die and hopes to be participant of Heaven upon Salvation or Damnation of his Soul that all that he had deposed were true in every point and circumstance and no untruth in them August 12. Sprot was presented in Iudgment upon Pannel in the Talboth of Edenburgh before Sir William Hart Lord chief Justice assisted with these persons Alexander Earl of Dunferling Lord Chancellour George Earl of Dunbar Lord Treasurer Iohn Arch-Bishop of Glasco David Bishop of Rosse Bishop of Galloway Bishop of Brechin Earl of Crawford Earl of Lotharine Lord Abernethe Lord Balmerinoth Lord Blantire Lord Burly Sir Richard Cowburn Iohn Preston Colonel General Sir Iohn Skew Register He was pursued by Sir Thomas Hamilton Knight Advocate to the King for Enteries of the Crimes contained in his Indictments as followeth George Sprot Notary in Aymouth You are indicted and accused for as much as Iohn sometime Earl of Gowry having most treasonably conspired in the moneth of Iuly 1600. to murder our gracious Sovereign the Kings most Excellent Majesty and having imparted that devilish purpose to Robert Logame of Restalrig who allowed of the same and most willingly to be partaker thereof the same coming to your knowledg at the times and in the manner particularly after mentioned you most maliciously and treasonably concealed the same and was art and part thereof And first in the moneth of Iuly 1600. after you had perceived and known that divers Letters and Messages had past betwixt the said Iohn Earl Gowry and the said Robert Logame of Restalrig you being in the house of Fast-castle you saw and read a Letter written by the said Restalrig with his own hand to the said Earl Gowry MY Lord c. At the receit of your Letter I am so confuted that I can neither utter my joy nor finde my self able to requite your Lordship with due thanks and be your Lordship assured that in that matter I shall be as forward for your Honour as if it were my own cause and I think there is no Christian that would not revenge that Machiavilian Massacring of our dear Friends though with hazard of Life and Lands and all My heart can binde me to take part in that matter as your Lordship shall finde proof But one thing your Lordship must be circumspect and earnest with your Brother that he be not rash in any Speeches touching the purpose of Padua And a certain space after the execution of the said Treason the said Logame having desired the Laird of Bour to deliver to him the said Letter or else to burn it and Bour having delivered to you all Tickets and Letters which he then had either concerning Restalrig or others to sue them because he could not reade you abstracted them and retain'd the said Writings in your own hands and divers times read them containing further viz. MY Lord you may easily understand that such a purpose cannot be done as your Lordship intendeth rashly but with deliberation And for my self it were meet to have the men your Lordship spake of ready in a Boat or Bark and address them as if they were taking pleasure on the Sea in such fair Summer time And for your Lordship either to come to my house Fast-castle by Sea or to send your Brother I shall have the House very quiet and well provided after your Lordships advertisement and none shall have access to haunt the place during your abode here And if your Lordship doubt of safe landing I shall provide all such necessaries as may serve for your arrival within a flight-shoot of the House and perswade your self to be as quiet here while we have settled our Plot as if in your Chamber for I trust and am assured we shall have word from them your Lordship knows of within few days for I have a care to see what Ships come by Your Lordship knows I have kept up Lord Bothwell in my house quietly in his greatest extremities in spite of King and Council I hope if all things come to pass as I trust they shall to have both your Lordships at a good Dinner ere I die Haec jocose To animate your Lordship I doubt not all will be well for I am resolved thereof doubt nothing on my part Peril of Life Lands Honour and Goods yea the hazard of Hell shall not affray me from that yea though the Scaffold were already set up The sooner the matter were done the better for the Kings Buck-hunting will be shortly and I hope it will prepare some dainty chear for us to live the next year I remember well that merry sport which your Lordships Brother told me of a Noble-man at Padua for I think that a Parasceue to this purpose My Lord think nothing that I commâ—t that secret hereof to this Bearer for I dare not onely venture my Life Lands Honour and all upon his credit but I durst hazard my Soul in his keeping I am so perswaded of his fidelity And I trow ask him if it be not true he will go to Hell gates for me and he is not begâ—iled on my part to him and therefore I am perswaded this will give him
multitude of our own people from all parts of our three Kingdoms gave a wonderfull glory to the Court at this time the only Theatre of Majesty Not any way inferiour to the most Magnificent in Christendom Prince and people increasing in honor and wealth And it was prudentiall in state to set it forth with all moderate additions of Feasts Masks Comedies Balls and such like which our squeazie stomacht Historian it seems could never example in any part of his reading and therefore sets his Gloss of reproach upon the King and them but very favourably forsooth as not thereby to provoke himself to stain his innocent paper I shall not trouble the dispute how farr they were politickly used in the Romane Common-wealth and Monarchy how farr tollerable in Christian Kingdoms and States They are necessary Mirrors wherin mens Actions are reflected to their own view Indeed some men privy to the uglyness of their own guilt have been violent not onely to crack but to break in pieces all those Looking-glasses least their own deformities recoyle and become eye-sores to themselves We were wont to call them Theatres representing in little the Entrance Acts and Exits of Man where we may behold Language Manners and Behaviour the best the matter good for Imitation bad to shun to teach virtue reprove vice and amend manners tempering the mind for good impression or defect in most of our youth thrust into devotion without polite manners forceably taught on the Stage where virtue is somewhat more seen to a mortall eye with admiration not to inforce men spight of Humanity to serve God with austerity not Jubilation This Christall fullied by time and malitious reports not without some shadowes of piety and counterfeit dress to amuze the world for a truth hath been cleared up to the view by several Pens though by King Iames at that time little valued for his own content unless as Splendidae Nugae for the dress of Court-like recreations but evermore with so much wit as might well become the exercise of an Academy And thus much of playes But stay It is come to my knowledge that our squeamish Informer was bred up a Poet frequently a Rymer and Composer of playes not without exceeding delight in himself to be so styled though a mean one but indeed since the reformation of them the trade fell to decay and he turned trot any way to get money Such another was A. M. who whilst he kept within the compass of that Dialect did well and commendably but turn'd another professor and ended his daies miserably He went to Bed as I am credibly informed well in health but disguised with drink his usual custome and was found in the morning his head hung over the Bed-side his hand leaning on the boards it seems groveling for breath being choaked with loathsome blood and flegm foaming at his mouth his tongue bleeting out not able to call for succour of such as lodged in the next room so was he drencht in drink and death In this year 1611. was collected a Contribution of well affected Subjects called Loan-money being lent upon Privy Seals an ordinary use and custome of all former Sovereigns in time of necessity of their Prince or state affairs and no New device which now amounted unto One hundred eleven thousand fourty and six pounds which was repayed back to divers especially to such as craved satisfaction by money Defalcation or Composition for other considerations Satisfactory There are sundry ways and means to make men rich and commonly not so concealed but it happens within the Ken of some acquaintance But here we had one Thomas Sutton meanly born and bred but some subsistence by marrying a widdow at Barwick farr short of wealth It is rumoured onelybecause of some probability for other we have none that he bought a Fraight that came thither out of a Dutch Pirate who it seems could not stay to make better market And therein was found concealed Treasure in some Cask his first advance which he so increased by Interest and purchases as having no heir he designed a pious foundation at Hallingbury Bowcher in Essex but afterwards purchased the Charter-house near Smithfield London of the Earl of Suffolk enriched it with divers dependances of lands and Tenements for which he paid in hand 13000 l and procured Letters Patents to erect The Hospital of King James founded in the Charter-house in the County of Middlesex at the proper cost of Thomas Sutton Esquire for maintenance of eighty decayed Gentlemen Souldiers a chamber and dyet and 8. l a piece peâ—sion annually and a cloth-Gown in two years with a free School for Scholars Chamber Diet and Apparell to be governed for the present by the Arch-Bishop of Canterbury Lord Chancellor Lord Treasurer Bishops of London and Ely chief Iustice and Iustice Foster the Attorney general Dean of Pauls and Worcester a Master of the Chancery and four more Gentlemen his familiar friends and Thomas Brown the first elect Master of the Hospital and this for ever and as any Governours die the Major party to Elect another Besides he gave in Legacie so many thousands as it did astonish all men in those daies how he came by so much wealth Since the Kings absence the Papists were for these last three years much increased in the North parts of Scotland and complaints made of the funeral Obsequies of the Lord Oglevy and Gight after the Popish rites And though as before remembred some care had been for reducing the Earls Huntley Angus and Arroll Yet of late Huntley returning from England pretends some commands from the King to mitigate Ecclesiastical proceeding on his behalf which encouraged the others and the rest of their Profession openly contemning the Church Censures The Assembly therefore had sent petitions to the King for further authority to suppress these Inconveniences The Kings answer was That Huntley had no such warrant from him but pretending that he had kept all injunctions prescribed him except that of communicating with the Sacrament of the Lords Supper which the King thought fit for the present to referr to the Council for time of conforming but if he did persist his Majesty would accompt of him as intending the head of a faction and therefore rather to root him out than to nourish his follies by a preposterous Toleration They were therefore confined unto several Cities ten dayes together there to hear Sermons and admit of conference and to forbear Papist-priests companies that the sons of Oglevy and Gight should be committed This prescription too strickt the three Earls revolt and therefore an Assembly was called by the Kings Comand for so of late they were regulated not to convene of themselves and the Names of Papists inrolled were found Numerous and Huntleys faction in the North were of the most He being cited appears not nor sends any excuse and therefore by the Assembly is excommunicated and the sentence pronounced publick and no
This Robert was at first Abbot of Holy-rood-house for divers years After the forfeiture of Hepburn Earl of Bothwell and the obtaining those Isles he exchanged the Abbacy with the Bishoprick of Orkney and so became sole Lord of the County Patrick succeeding to an elder Brother and grown a Courtier involved himself in great debts which inforced him the more tyrannous over the people to recover his wants At Glasgow was apprehended Oglevy a Jesuite lately come from Gratts by command of his Superior in that College He answered peremptory to the Commissioners questions professing not to prejudice others by any Confession Their torture to inforce him to impeach others was to debar him sleep for some time until he was forced falsely to accuse any body which he after repose would deny again The King was displeased with such forms to men of his profession and if no crime could be proved but his Calling and saying Mass they should banish him not to return on pain of Death but if his practice had been to induce the people to rebellion and maintained the Popes power transcendent over Kings and resused the Oath of Allegiance they should leave him to the Law But with all they were to urge his Answer to these Questions 1. Whether the Pope be Iudge in Spiritualibus over his Majesty and whether in Temporalibus if it be in Spiritualia 2. Whether the Pope hath power to excommunicate Kings such as are not of his Church as his Majesty 3. Whether he hath power to depose Kings after his excommunication and in particular his Majesty 4. Whether it be no Murther to kill the King so deposed 5. Whether He hath power to assoil subjects from the Oath of their native Allegiance to his Majesty He answers in writing To the first Affirmative in Spiritualibus But whether in Temporalibus he is not obliged to answer to any but a Iudge of Controversyes of Religion the Pope or one by his Authority To the second affirmative and that all persons baptized are under the Popes power To the third He will not declare but to a lawful Iudge of Religion To the rest ut supra He could not be moved by threats but rather railed at the Oath of Allegiance as damnable and treasonable against God and so came to Tryal of Life but was told over night That he was not to be tryed concerning his profession but for his former Answers to the Questions which he may recal and crave mercy but this he utterly refused And so was impannell'd grounded upon the Acts of Parliament against such as declined the Kings authority or maintained other Jurisdiction and upon his former answers He protests not to acknowledge the Iudges nor Iudgement Lawfull for if it be Treason here it should be so in all other Kingdoms which is not Your Acts of Parliament are made by partial men and of Matter not subject to their forum for which I will not give a fig. The King hath no Authority but derivative from his Predecessors who acknowledged the Popes Iurisdiction if the King will be to me as they were to minâ— he shall be my King if otherwise I value him not And for the reverence I do to you bare-headed It is ad redemptionem vexationis not ad agnitionem Judicii That the Iury were either his Enemies or his Friends if Enemies they could not sit upon his Tryal if Friends they ought to assist him at the Bar That what he suffered was injurious and not Iustice he had not offended nor would crave Mercy My Commission said he was by command of my Superiour and if I were abroad I would return hether again and repent only that I have not been so busie as I should in that which you call Perverting of Subjects and I call Saving of souls I do decline the Kings authority and will do it still in matter of Religion the most of your Ministers maintain it and if they be wise will continue in that mind As for that Question Whether the King being deposed by the Pope may be lawfully killed Doctors of the Church hold the Affirmative not improbably and as it is not yet determined so if it should be concluded I will dy in the defence And now to say It were unlawful I will not to save my life His insolent speech was shortned by the Jurors quick return who found him guilty and had Sentence of Treason and to stop his rayling was after Noon the same day hanged at Glasgow He was a desperate second Ravilliack and ready in that devilish doctrine of deposing and disthroning Kings which he urged the more he said as consonant to the Kirk Ministers tenents And that nothing troubled him but to be taken away ere he had done that which all Scotland and England should not have prevented and had it been performed no torments would have been by him refused So then we see the cause of his Execution For the King professed Never to hang a Priest for his Religion The opening of the Spring gave opportunity to sundry families of England to prepare themselves for planting in America Upon no great incouragement of profit or pleasure by any former Voyages of the English into those parts but people and trade increasing here they would unburthen this State with forein adventures The Design was for New England a part of America in the Ocean Sea opposite to that part of America in the South Sea which Sir Francis Drake discovered in his voyage about the world and named it Nova Albion But he was never imployed thither as a Discoverer or Planter upon this part of America taking the coast from Cape Florida in twenty degrees North Latitude North-East-ward to Cape Brittain Between the Degrees of Latitude from 20. to 45. King Iames granted Letters Patents being about fifteen hundred miles but to follow it aboard near two thousand miles And all this Coast from Cape Florida of twenty Degrees to five and forty was first discovered by Iohn Cabot with six sail of ships who had his Patent from Henry 7. Anno 1442. about the time that Columbus discovered the middle part of America for Ferdinand and Isabel of Spain and is called the West-Indies The first Colony from England was with Sir Walter Ralegh assisted in company of Sir Ralph Lane and Thomas Heriot that learned Mathematician Anno 1584. who in honour of Queen Elizabeth named it Virginia leaving there sixteen men which were brought home by Sir Francis Drake in his return from his West-India Voyage a year after and this part is contained from Florida to the Chesiopech Bay The next Northward is a part of Land to which Sir Iohn Popham Lord Chief Justice sent for Discovery and Trade 1606. but no success returned and since it is called New England Then the Land adjoyning Northward was discovered by Captain Gosnold all that coast being studded with broken Lands and called by him Elizabeths Isles Then you come to Cape Cod
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
to make up out of Adventurers purses for Gold-Mettal from a Mine in Guiana one of the Countreys of America upon no other ground to win belief but a pound of the Ore which he had from thence by the hands of Capt. Kemish his ancient Servant The King wondering at this man why to hazard his future fortune upon the nice dispute with the King of Spain whose Territory he must invade at his own perill of success but yet gave him leave with his liberty so be that he broke not the Kings bands of Amity which he had strickt rules and order to observe The French Lieger had been very earnest for his inlargement with much affection to his deserts and some design of Policy against Spain wherein they two waded so far as that the discovery came to the Kings ears not without intrenching by the by upon his Majesties honour and several commissions from France presented to him to fit him to that purpose wherein he was warily watcht till it should ripen for further tryal and at the worst back-friends were to be put aboard to bring him back again And having got Commission and thereupon a company of his own Countrymen they imbarque with him in a Voyage thither with a compleat Fleet of twelve sail and landed at St. Tomazo a Town of the Spaniards killed five hundred men sacked and burnt it of five of their Fleet it may be said as of the old saying They went up the River and so came down again for rhe Design being the River Oremque in Guiana to discover the Mine at the foot of a Mountain up in the Countrey they were opposed by the Inhabitants Spaniards and Natives and so returned to their company This expedition was grounded at the first only upon Kemish information the Miscarriages that might happen was alwaies cunningly resolved to light upon him for satisfaction of the Adventurers To answer it to the King his intent was never to return but by his own mannagement and the obedience of his Company over whom he had commission of Life and Death he dreamed of nothing less then of a prosperous journey And now to frighten Kemish Raleigh threatens him with the Kings displeasure which to avoid sayes the Storian The poor man pistols himself and so no tales could be truly told He dead the most minded forced their own and his return home which he intended any where else and so some of their scattered ships with him more like a Prisoner than Commander came safe to Kingsale in Ireland from thence to Plymouth where no sooner on shore but he is taken into custody of Sir Lewis Stukely Vice-Admiral of Devon and conveyed to London and so to the Tower with whom he deals for a sum of money presently delivered to him to escape with him into France Stukely yields to all accompanies him by Water where by the way to Gravesend the Design of Stukelyes treachery in that and so it prospered with him being hanged afterwards for clipping Gold they were seized and he brought into the Tower and not many daies after commanded to the Kings-Bench-bar at Westminster before the Lord Chief Iustice Mountague where he was questioned upon the Records of his former Arraignment at the City of Winchester and in answer to that he was asked what he had to say to his Sentence to dy like a Traytor His short defence was Of being lately intrusted by the Kings commission over the Lives of some of his Liege people was soon replyed unto as insufficient and he had judgement to dy the next day by the favour of the Ax which he said smilingly touching it Was a sharp Medicine but a sound Cure of all diseases as it proved to him then in his Ague sit in the Palace yard at Westminster Octob. 1618. It was indeed common discourse then that Raleigh knew of no Mine nor was Kemish assured that the pretended Mine was of Gold but that the piece of Ore which he presented Raleigh in the Tower was falsifyed by dissolving some Gold therin and he a better Chymist than Kemish for that purpose That both of them designed it so to be thereby cozening the world to get credit and afterwards to deceive the King to purchase his liberty But when Kemish came safe from the supposed Mountain without any Mine whom Raleigh expected should miscarry in the way and none but he could discover the deceit then was he destroyed by death but by whose hand it may be suspected not by himself And truly these reports were more then a false visard to out-face the truth of his merit in that action and thereby to weigh down Raleighs miscarriage At his death he endeavoured to cleer some points which he knew lay on the Deck against him His disloyal words of the K. undutiful language from Subjects of Sovereigns take deeper root than the memory of evil Deeds so did the Marshal Byron which cost him his head Essex once told Queen Elizabeth That her conditions were as crooked as her carcase Manebat alta mento repostum He said his Accuser was a base runagate Frenchman and perfidious being sworn to secrecy yet he betrayed Secondly To have had often plots with France He confessed That he had been often solicited from thence and that he endeavoured to escape thither at twice and the last time being got as far as Woolwich Thirdly That the French Agent came often to him with Commissions from his Master but it was not accepted Much he said of these as to the publick and of more things as to private which he did not deny but traversed So then there were other businesses of a second charge and confederacy which made him lyable to a new Tryal for Treason is so comprehensible as to take in even circumstances and out of them to make such conclusions as the jealousie of State shall interprete either for safety or Revenge But the prudence of the King would not hazard more having sufficient upon the old score and because he could not in Law be judicially called to accompt for his last actions his former Attainder being the highest and the last work of the Law whereby he was Civiliter Mortuus The King was inforced except Attainders should become Privileges for all subsequent offences to execute him upon the former And concerning Sir Walters recovery of Queen Anns infirmity for which he should beg a Boon viz. the re-examination of the Lord Cobham by four Earls and three Counsellors It being urged by an Author in the innocency of his cause and ingratitude of the King I shall answer as to my knowledge by the relation of some Ladies of her Bed-chamber and of her Surgeons and Physicians now living That she was never cured of her disease but by death that ends all Maladies We are told That Sir Walter set out his design to the King who discovered it to the Spanish Lieger Gondamore the Countrey Town Men Ships
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
to him and acknowledged the kindness and his young Lady was presented with a Noble and valuable Reward 30001. besides a pension of one thousand pound per annum during his life and this was done with so much love and liking that I have often observed Buckinghams great Civility ever after at meetings to call him Father and bend his knee without the least regret of that Lord that gained more by the bargain And because Sir Robert Mansel a dependant of Nottingham had the place of Vice-Admiral at pleasure only Buckingham for his Lords sake continued him so by Patent during his life for which courtesy the good old man came himself to give thanks as I remember the last Complyment his age gave him leave to present And thus was this office of honour and safety to the Kingdom ordered from the command of a decrepit old man to a proper young and active Lord strengthened with the abilities oâ— an experienced Assistant without deserving quâ—râ—el of our carping Pamphleter Aâ—ter Suffolk the weight and charge of the Treasurers Staff was conferred upon the Lord Chief Justice Sir Henry Mountague Viscount Mandevile Son of Sir Edward Mountague of Bolton in the County of Northampton Son of another Sir Edward likewise Chief Justice who had three Sons Edward the eldest Knight of the Bath bred up in the Wars a faithful Noble stout Commander Iames that reverend eloquent and learned Bishop of Winchester a man so highly in favour and esteem with this King his Master that he had the honour of the Bed-chamber which no Prelate ever enjoyed from any King This Henry was created Baron of Kimbolton Viscount Mandevile and Lord Treasurer in 1620 Afterwards Preâ—ident of the Council and the first year of King Charles Earl of Manchester and Lord Privy Seal and dyed after the entrance of the long Parliament 1643. A man of singular learning in the Laws his Wisdome and experience deserving those high places of Trust and honour He married three wives Katherine the Daughter of Sir William Spencer in Oxon by whom he had five sons and four daughters Edward the eldest Viscount Mandevile Knight of the Bath Walter Iames Charls and Henry His second Wife Ann Wincol of Suffolk Widow to Alderman Holyday Lord Major of London by whom he had issue His third Wife was Daughter of Iohn Crowch of Cornbury in the County of Hartford Widow of Iohn Hare of the Court of Wards by whom he had issue George and Sydney men of eminent vertues now living 1655. Our Historian tells us of the swarming of Jesuits That our Counsellors of State and Secretaries were Counselors to the Pope and of a Divelish Sermon before the King which he the Lyar saw and heard if the King did not for Bishop Neal would always ingrosse the Kings ears with baudy Tales This his Discourse smells too rank he saies and craves excuse having had hammerings and conflicts within himself to leave it out and yet goes on with his baseness and tells us that this Bishops hand closed up the Countess of Essex's virginity and that such like practices as these gave an after period to that Hierarchy Then follows a Tale of the female Iesuitrices in England an Order he says first framed in Flanders by two women Mrs. Ward and Mrs. Twily clothed in Ignatian habit supported by three Fathers Gerard Flack and Moor to preach their Gospel to their Sect in England and two hundred English Damosels of great Birth and quality sent of the Errand and for the truth of all produces a Proselyte Turn-coat of any Religion and every Trade that tells this story in the Spanish Pilgrime which our Adversary recites to grace his History The Iesuits indeed are bad enough but to cope them with our Counsellours of State and other Tales with no better Authority we may herein minde our Authour Not to bely the Devil Sir Francis Cottington Resident in Spain had the conveniency three years before to discover the affairs of those parts and gave intelligence hither of the increase of Pirates in the Mediterranean Sea their whole Fleet then consisting of fourty tall Ships of two hundred and four hundred Tuns in two Squadrons the one remaining before Malago the other about the Cape St Maria between Lisbone and Sevile That within the Streights they entered the Road of Mostil a Town by Malago beat down the Castle and had taken the Town but for succour of Souldiers that came from Granado yet they took divers Ships and four of the West of England two other of ours that ran on shore they burnt also and absolâ—tely perverting our Trade into Spain These at Cape St. Maria met with seven Sail of London five they took and two eâ—caped They are usually manned with Turks and Spanish Moriscoes and attend the coming of the West India Fleet then commanded by Don Iohn Faxardo Upon this occasion the State of Spain moved King Iames to joyn some Sea-forces for their suppression as the common Enemy of Christendom And indeed those courses of the Pirates do but exercise the Forces of Spain by Sea without any great hurt the most dammage falls upon the Trade of Merchants thither of which the English will be the greatest number and so of Sufferers The last year the Hollander having leave of Spain for certain of their Ships armed against the Pirates to have safe recourse thither but instead of offending them sold to Algier as much Powder and Ammunition as ever since hath furnished the Pirates Fleets By which means now grown formidable few Merchant-men escaping them thâ— strong Town of Algier upon the Coast of Barbary countenancing their Thievery and depending on the Turks Protection yet so cunningly contrived as not to be seen to protect them that all Christian Ambassadours concerned herein and complaining at Constantinople could have no redress And therefore it was now concluded to conjoyn Forces of Christendom to free that Sea In so much that they in some fear eighteen of the chieâ—est Pirates in the Levant authorized the Viscount L' Orme and one De la Pomeray Frenchmen to search for their pardon and to come in with all their Shipping offering to the English mostly concerned therein for retribution of this grace fourty and five thousand pound sterling but this was negotiated onely by their Emissary La Forest at Bruxels unto our Agent there Sir William Tromâ—all on purpose to tempt us and the French unto whom the like was offered from joyning with others to ruine them but was therefore attempted by all And for the English was sent Sir Robert Mansâ—â— Vice-Admiral of the Narrow Seas with a Fleet this year And arriving in May with expectation of other Assistants they all failing to any purpose his noble heart disdaining to return without Attempts He first furnished two Prizes which he took by the way three Brigandines and a Boat with Fire-locks and combustible materials for buâ—ning the Pirates Ships in the Harbâ—r who were all come home
common not mistrusting discovery from any of their own Yet it pleased God in mercy to put it into the Mind of an Indian servant to one Pace to discover it to him overnight who first securing his own Habitation with all possible speed gave waruing to each Plantation by several intelligence and saved the rest but in the fury three hundred fourty seven were slain And since that time the English are more wary to guard their houses And as the best Maxim in policy to separate the conjunct affections of their Indian Kings to make themselves the more secure It was the Spanish policy that got them the two rich Kingdomes of Peru and Mexico in America for the two heirs Brothers Attapalippa and Gasco quarrelling for the Kingdom each striving to gain the Spaniard to friend Francis Pizacro managing their differences for his own ends stripped them both of Peru. So did Fâ—rdinando Cortes vanquish Matezumo and got Mexico by the Neighbour Friendship of the Province of Tascala deadly Enemies for which service that Province is freed from Tax for ever So did the Romans advantage overcome Great Brittain as Tacitus sayes Ita dum singuli pugnant universi vincuntur And Iustin hath the same with the Grecian Cities And hereupon King Iames furnished these Plantations with ammunition and arms out of his own store-house at the Tower at his charge There were likewise shipped unto Summer Islands so named from the first sinder and Planter Sir George Summers alias Burmudoes above a thousand persons and nine Ships to transport them and to trade who have since so increased that they are forced to fly to the Main for elbow-room see before anno 1614. Page 400. The King and Parliament asunder it was resolved with his Councellours to speed Digby into Spain Extraordinary to proceed in the Treaty of the Match Sir Francis Cottington Lieger there form whom Digby had knowledge of that Kings Progresse towards the North of Spain to Lerma a Town in Biscay whether the Duke thereof a sublime Favourite had invited the King to his Princely New Pallace which might save Digby the trouble and discommodity of riding many leagues to Madrid to meet there though it is to be understood by those that know that the Court and Council and State of Spain are said to be alwaies residing in Madrid in New Castile for receiving Ambassadours and making dispatches yet the amity of Digby with that Council hoped now to alter that Custome in favour of this urgent affair and him And therefore lands as the time and weather would afford the neerest Port Saint Andrews in Biscay there he stayes sends his Secretary to Madrid to signify to Cottington his arrival and reason for resting there as yet intimating that if he could surprize the King at Burgos or Lerma so far neerer his return home might there also hasten his dispatch upon that so reasonable consideration The King in complement told Cottington That he hoped the Ambassadours business was of more weight than to be taken up in the road where it became not his Majesty to return him back to his Master without entertainment of the Court of Spain But Digby understood this as State formality and pressing his own conveniency was at last ordered to have audience at Lerma whereupon Digby might say without merit of a scoff That it was the first President of honour to an English Ambassador and to his person a particular favour And so he sest forward to Burgos where Cottington meets him whom he returns back twenty miles to Lerma upon serious affair to prepare some of the Council with such interests as were intrusted besides his sealed Commission resolving himself to follow at the heels with surprize rather than Ceremony Yet the Kings Coaches came to wait on him neer Lerma unto Villa Mansa where he reposed till the Conde de Salazera Maior-Domo one of the Kings Stewards the Conde de Villa Madena Correjo Major or Chief Post-Master and the Viscount Toriza accompanied with several attendants conducted the Ambassadour to Court Thus far and in truth was the passages of Digbyes Reception which our Author abuses with base absurdities Abbot Arch-bishop of Canterbury aiming with a Cross-bow at a Deer in Bramzel park killed his Gamekeeper with the Arrow for which act having his hand in blood he is by Common-Law to forfeit all his estate and by the Cannon-Law irregular ipso facto and to be suspended from all Ecclesiastical function until he be restored This troubled the King what to do Not to add to his affliction and to leave virum Sanguinum Primate and Patriarch of all his Churches â—ounds harsh to the old Councells and Cannons upon either the Papists would descant and therefore it was referred to the Lord Keeper Williams five Bishops the two Chief Iustices and two Civil Lawyers who certifie so much and so he not being received into the full use of the Ministery himself forebore the Council Table as he told me in these words Since they will have it so that I am incapable of the one I shall spare my self the trouble of the other But he enjoyed the benefit of that See whilest he lived Much displeased he was I well remember with the Court and Clergy for Doctor Lawd refused consecration of St. David by his hand being tainted with blood but the Other was quit with him for underhand he caused it to be burited abroad That Lawd was by Puritans reputed a Papist in Oxford And to justifie that his function was not weakned by that Mischance he procured Commission to inquire Whether casual homicide was not excepted in the Cannon In which he was satisfied that it was not and so retired from his Magnificent Structure his Almes-house at Guilford to his Palace at Lambeth where the air of the Court breathing so neer and yet at this little distance he not admitted there he fell upon down right Puritan Tenents which gave occasion to many discontents of our Church and State to visit him then so frequent that they called themselves Nicodemites and his Disciples And I observed very often perhaps therefore that the Arch-bishop constantly with candle-light in his Chamber and Study made it midnight at Noon-day And here he began to be the first Man of Eminency in Our Church a Ring-leader of that Faction for I can name those then his private Disciples which lately appear desperate Proselytes The Tenents of Arminianism which the King feared had infected the Pulpit with so much heat that it inflamed each opponent so that to Suppress the danger of the one and to regulate the disorder of the other both offensive to the State the Arch-bishop of Canterbury had letters to settle their sick brains to this effect The Kings Letter to the Arch-bishop Most Reverend Father in God right trusty and intirely beloved Counsellour we greet you well That the extravagancies of Preachers in the Pulpit have been reformed in the Realm by some Act or Council of
him enters the other conducted by Sir Henry Cheyney and both Combatants take Oath to come fasting But ready to encounter the Demandant was missing and so by default the Chief Justice resites the Writ and former passages of challenge and gives Judgement for the Tenant and leaves the Demandant and his Pledges de prosequendo in impercordia Reginae â—id Dyer 30. Some preparations there were of late in King Iames time intended between two Scotch men the Lord Ree and David Ramsey in point of Treason but I know of no other policy preventing the Tryal than the doubtful effects to decide the question by this way to find out truth But because the matter hath been long laid aside the manner thereof will not be amiss to preserve to Memory The Ceremony was wont to be thus when it was in Authority and use in the Earl Marshal or High-Constables Court The Appellant exhibits his Bill in the High Court Constable or Marshal and failing of his proofs offers force of his own body upon the Defendant And the Constable as Vicar General in Arms so saies my Author under the King hath power to join issue in Battel and within fourty daies after to appoint time and place The Constable assigns them arms being a Gantlet and short Sword and Long Sword and Dagger They bring able pledges for appearance at the day and for good behaviour to each other till then The King names the Field sixty foot long and fourty foot broad firm ground and even listed about by Order of the Marshall with Rails with two Dores East and West seven foot high and kept by the Serjeant at arms At the day the King sits on a Throne mounted with two seats on each hand for the Constable and Marshall at the foot of the Ascent who demand the Pledges to render themselves to the King or the Appellant and Defendant to come in and make Oath The Appellant comes on horse-back to the East dore whom the Constable brings in and demands his name and why thus armed He answers I am A. B. Apellant and demand Entry to make proof of my intent against C. D. and to acquit my Pledges The Constable takes off his Bever and proclames him to be the Man opens the door and bids him enter with his Arms Victuals necessary Attendants and Council presents him to the King and sets him on a Seat till the Defendants comming and request being made his Pledges are discharged Then the King commands the Constable who commands the Marshal and he the Lieutenant and he the Marshal of the Heraulds of the South if it be this side Trent being the Marches of King Clarencieux or otherwise if it be Northward then the Heraulds of Norris King of Heraulds there to call the Defendant thus O yes C. D. Defendant Come to your Action acquite your pledges in the presence of the King Constable and Marshal to defend your self against A. B. before three of the Clock after Noon He enters at the West dore in like manner Their Appearance presently Registred in the Records of the Constables Court with the order time horses arms and attendants and their manner Two Knights are assigned Observant to either Adversary that they take no charm or spel or other evil arts till their Oath be taken which the King commands the Constable to receive and what other Protestations their Council shall advise If not The Register saies you A. B. Appellant do you know this to be your Bill of Complaint exhibited in Court before the Constable Swear to the Truth thereof in all points and that you intend to prove the Contents thereof upon C. D. so ayde you God and your Patron Saint and then proclaims Thou A. B. thy Bill is such in all points continue thy intent to prove it this day so God help thee and hallowing The Defendant C. D. in like manner c. Then the Appellant takes his second Oath That he comes appointed with Arms as was assigned without knife or other sharp weapon no stone or herb of virtue charm or spell of power or belief to be assisted but only by God and his own Body and merits of his Cause So God him help c. The Defendant swears the like The Constable bids them both to take each other by the right hand without violence gently and laying the left hand on the Book He saies I charge your A. B. that you use all advantages to force the Defendant to render himself into your hands or to demand a Parley or with your own hands to kill him before you part out of the lists by the light of the Sun and age of the day assigned by your Faith and so God help you The like by the Defendant Then O Yes The Herauld pronounces In the Kings name That no person approach within four foot of the List keep silence give no sign by Countenance or otherwise to advantage either upon pain of life and member and loss of Chattel The King of Arms and Heraulds are assigned to Minister unto them to eat or drink of what they brought with them asking leave of each other Within the Lists are admitted a Knight two Esquires of the Constables Train and the Lieutenant also a Knight and two Esquires of the Marshals being all in Armour with Launces unbarbed to part the Combatants at his Majesties pleasure and these lying flat on the Ground at each side of the List only the Constables Lieutenant and the Marshals standing At the instant of the Kings Direction the Constable shall say Let them go Let them go The Appellant advancing upon the Defendant the Constable stands ready at the Kings pleasure whilest they fight viz. to stop take breath or otherwise neither of them ingaged in advantage They may not whisper In case of Trâ—asâ—n the convict shall be disarmed by command of the Constable one corner of the List to be broken down his body dragged at a horse-tail to the block of Execution to be beheaded or hanged on the Gallowes the Marshall to see Execution But in cases of particular interests he shall not be drag'd but shall be thrown over the lists and lose the penalty of the Lands or honor in question The vanquished forfeits his Horse and Arms and all which he brought into the Field with him unto the Constable as his Fee The Lists Rails Seats c. to the Marshal If the Combate be withdrawn by Command or perswaâ—ion of the King and both content else not they shall be led out together by the Constable and proclamation made thereof with equal honor to them both I have read of such a duel Combate before the King of France between Robert le Blanch and Leâ—â—â— le Force in a case of Treason Blanâ—h the Appellant grapples le Force and casts him down sets his left foot upon the others stomack holding up his right hand with his sword by the Hilt his left hand within a foot of the point and therewith presently he meant to
â—tab him but to add more strength his right foot was somewhat raised from the ground when instantly the King cryed Hold hold casting his Truncheon to part them Whereaâ— le Force nimbly leapt up without hurt The King being willing to preserve le Forces life â—ot with any good affection for he supposed him guilty but for the future examination of Conâ—â—deracy Yet he adjudged him â—anquished which the Defendant â—tterly denied and craved Iudgement of the Conâ—table and Marshal who had a preâ—â—y way to save the Kings honour and yet to do Justice Their sentence therefore was that le Force should be prostrate to the fatal stroke as before and the Apellant with all his former advantage and form of postures and so they did When le Foâ—â—e with nimble strength liâ—ted up Blanch his right foot which 〈◊〉 him down skipt up 〈◊〉 and stab'd the other to the Heart And forthwith kâ—eeled to the King told him That 〈◊〉 the Assistance of his Patron Saint the merit of 〈…〉 event of thâ— legal Trâ—al which he in Honoâ—r would not refâ—se Yet for more satisfaction to his Majesty he produced six sufficient witnesses attending in the Field whom he preserved upon all events and who cleered him However the King quarrelled with the Constabâ—e and Marâ—â—all for declining his Sentence being Supream which they humbly denyed The King being a Party in case of Treason or Felony cannot be judge in Lands and Honour he may This diâ—tinction in those times of Treason was taken for Reason But though these Combatings are rarely now in Example yet have we taken up Private Duells the more frequent sometimes for Right but inâ—oâ—â—erably too often for Honour as we term it Certainly to use the Sword in a private 〈…〉 party must be a tempting of God and an 〈◊〉 Tryal though we read two of them in Scripture The challenge of Goliah which David undertook The inveterate quarrel of Ioab and Abner in the Interests of their several Masters David and â—â—hbosheth perforâ—ed by twelve on either pâ—â—t singly the Challengers had the worst It was commonly imitated by some Gallant in the Head of an Army in France and Holland or by Parties but the wise William of Nassaâ— at the siege and loss of Breda after Briote was so slain forbid it any more to be done during his life In how ill condition is that righteous cause which must be concluded by the Sharp Force and Fencing for Saint Bernard saies That he that conquers Mortaliter pecâ—at he that is slain aeternaliter perit The difference of the evil is the Challenger hath in it more provocation It hath been held lawful for a man slandered by an unjust Accuser to vindicate himself by his own Sword But It destroyes Iustice and Robs God of his Revenge Ordinary and Common Challenges upon what ground soever being willingly refused and yet by the Adversary therefore proclaimed base and cowardise may diminish the offence of acceptation but concludes him deeply guilty by Gods Laws The Plea of Conscience ought to suppress the Fancy of any Fighter The result is thus To answer the Challenge let a Man provide to be daily armed and if he be set upon God and his Cause willdefend his Life and Honour To make a bargain of bloodshed is damnable and the intention though both escape is murther The Council of Trent excommunicated all persons whatsoever none exempt with loss of Lands and Christian burial But Bothwell who causeth this Digression being rid of the Combat flies and was pursued to ship-board but got to sea turned Pyrate about Orknay Morton at his own charge set out several Ships to take him Grange was Admiral and almost surprized him yet he escaped in a light Pinace over a crag of the Sea which grazed on the Sands but the pursuers stuck fast and were saved by their Cock-boat and Bothwell got into Denmark was there suspected examined and imprisoned Earl Murray having with much seeming unwillingness in August accepted the Protector-ship which he long thirsted after Summons a Parliament in December In which the Resignation Coronation Regency and the Queens Imprisonment were confirmed And forthwith accompanied with the Conspirators repairs to the Imprisoned Queen at Loch-leven Mortons Castle She besought him with tears to protect the young King to govern with a good conscience and to spare her Life and Reputation Then to colour his Villany he executes divers for being present at the Late Kings murther But they protested at the Gallowes that Murray himself and Morton were the Authors cleered the Queen and so did Bothwel Prisoner then in Denmark and so to his dying day That she was not privy nor consenting And fourteen years after when Morton was executed therefore he confest That he moved that the Queen might be made a Party therein but Bothwel refused And thus the Government not so secure but factions increased envy to the Regent hatred to Religion and duty to the Queen now Bothwell was gone Metallan and Tylliburn the Hamiltons Arguile and Huntley join together And Beaton Arch-bishop of Glosgow now Lieger for the Queen in France with much secrecy gave them hopes of Men and Money Her cruel Imprisonment forces her escape by means of George Dowglass brother to the Governour of the Castle being oft times trusted with the Keys to let in and out the Queens women And in the disguise of one of them she got out and he and Tylliburn rowed her over the Lake and with a dozen horse men convayed her that night to Hiddery the next day increasing to five hundred horse with the Lord Seaton and Hamiltons they came to Hamilton Castle and because this Design was her last which she acted in Scotland we have searched out the truth from several Relators as followeth The Regent Protector now at Glasgow and pleasing the people with seeming Justice to settle them was now himself to seek for Protection Some advised him to Sterlin where the King was but Dowglas opposed protesting to do as Boyd had done who was gone to the Queen with intention as he perswaded them to act Husha's part for he returned a message to Murray To do them better service with Her Morton and Simple advised the same to stay at Glasgow for safety consisted in sceleriâ—y the Queens liberty would soon gain the People and the more remote the more affectionate to her Their own strength was the Towns-men and as Enemies to Hamilton the Surer their faith to them Cunningham and Simples potent Neighbours Lennox and the Kings party many and the Earl of Mars forces not far off to whom Messengers are posted round about The Lord Hume came with six hundred Horse and so conceived themselves four thousand strong sufficient to dare the Enemy The Queen was gotten head of six thousand and conâ—iding in this advantage of number she purposed to withdraw her person for safety into Dunbarton Castle and so to mannage the war with expedition or lingring at pleasure Mâ—rray guessing at
of the Hamiltons At his comming to Sterlin he writ to the King thus Please your Majesty It is neither diffidence nor despair in your Higness favour and clemency towards me nor any desire I have of life that moves me to require some short audience of your Majesty But there is a purpose of such weighty importance which is needfull to be imparted to your Highness that might have endangered the Lifes and Estates of your Mother and your Self if I had not stayed and impeded the same the relation whereof concerns you more than the lives of 500. such as my self wherein I am assured of your Majesties gratious answer The matter is not the concealing of a Treason but the revealing of a benefit April 1584. His Petition is denyed and the same brought in evidence at his Tryal being in May indicted of four points 1. That in February last David Hume Mars Man came at night to him at Perth communicating the surprizing of Perth and Sterlin and so concealing and consenting to Treason 2. The like he conferred with James Arskin a Trafficker from Mar Angus and others 3. That being in Dundee and charged by his Majesties command to render himself to the Lord Petten Weym Chancellour and Captain of the Kings Guard he did notwithstanding oppose him with Men and Arms convoking aid of the people to assist him in his Treason 4. That being obliged to maintain his Majesties Life Honour and Crown and having Intelligience that concerned the life and estate of the King and the Queen his Mother he treasonably concealed the same He excepts against Sir Iohn Gourdon who sat chief Justice for some enmity betwixt Gartland his Kinsman and him But this exception was soon refelled being only affinitas affinitatis Then that the Noblemeâ— that examined him promised that his confessions to them should not be urged against him But it was answered That their words could not warrant him He stood upon fourty daies time to answer for Treason He was told that the King might arrest at his own pleasure To the last point of Indictment That what he offered to reveal to the King was not of Treason But he was answered that the concealing might tend to the Kings destruction The Indictment was found the Jury were eight Earls and eight Lords and his Sentence as in Treason and so in the evening was only beheaded He had been of good Fame and Honour in Court accounted wise yet he dealt in Witch-craft for revealing the future state of things though for the general misopinion I find of the Presbyters against Judicial Astronomy we may conceive him no otherwise liable to their idle censure therein Nor was he accused thereof in his Tryal nor did repent of it at his death yet is acknowledged to take it with peace and patience in contempt of the World and assurance of Gods mercy His Death shewed the way to Archibald Dowglas and Iohn Forbess executed after him the rest of the Conspiracy had Banishment or Pardon The Ministers had been nibbling at these treasonable Baits and Polwart Galloway and Carmichel not compeering were denounced Rebells and fled into England And in this Parliament in May the Attempt of Ruthen was ratified the Kings authority over all persons confirmed the declining his Majestyes Iudgement and the Councils to be Treason the impugning of the authority of the three Estates or procuring their diminution to be Treason all Iurisdictions and Iudicatures spiritual or Temporal not approved by the three Estates to be discharged And an Ordinance made That none should presume privately 〈◊〉 publickly in Sermons Declarations or Conference to utter Speeches to the reproach of the King his Parents and Progenitors or to meddle with the Affairs of State under grievous 〈◊〉 Now was the Ministers Spirits on fire that they were not first heard and Lindsey was committed Lawson and Balcanqual flyes into England so did Poul who impudently protested against the Parliaments Ordinance and were all accounted Rebells Hereupon the King declares his Reasons to curb the Ministers First their allowance of the Fact at Ruthen Melvils Declining the King and Council The Fast kept when the Ambassadours were to be feasted and other general Fasts through the Realm without the Kings Authority usurping Ecclesiastick Iurisdictions Alterations of the Lawes at their pleasure and a number of such abuses To these they impudently replyed in Pamphlets Libells and 〈◊〉 pens against the Court. And Letters from those Fugitives to the Ministry and Session of the Church and Council of 〈◊〉 Town Excusing their Absence for resisting the wicked Ordinance and not submitting to the Tyrannical Regiment of Bishops whom they stâ—led Libertines Belly-Gods Infamous That after their zealous wrestling with God they had revelation to depart and hoped after destruction of the Antichristian Prelates to return home to their several flocks in Peace But by the Kings direction this insolent Letter was replyed unto by the Session wherein after the just confutation of their abuses on the King and State They discharge themselves of being their flock and of they their Pastors and thank God the Revealer of secrets that made them manifest their own shame and relieved them from such wolves in shew of Pastors and being assured that his Majesty will furnish them with more quietâ—r Ministers they commit the others to Gods mercy and to repent for their former offences This letter subscribed and sent to England was copied out and divulged to their eternal condemnation and out of regret of the guilt thereof afterwards Lawson died with grief at London And at home occasioned others to follow per force many imprisoned some executed for meddling with State-matters Subscriptions and Sermons so treasonable although the Kings mercy endeavoured to reclaim them such were their insolencies that sundry of them suffered for example to others conformity These troubles in Scotland brought disadvantage to the poor distressed Queen Mary for whose relief some practises were set on foot in England by Throgmorton Lord Paget and others the Earls of Northumberland and Arundel the Howards also rather suspected out of their general profession of Papistry and affection to Queen Mary and also by Morgan and others in France and all for her As more particular by Mendoza the Spanish Ambassadour in England who being discovered stole away secretly to Paris being charged with Throgmortons Plot to bring in forein Power for which he was hanged And Mendoza as boldly recharged this State with practices against his Master for at this time England countenanced the Netherlands the Duke of Aâ—joy and Don Antonio the Portugall and the Ambassadour of Navarr now in England and all these against Spain But to colour these to excuse this State and to complain of the Ambassadour Wade Clark of the Council posts into Spain whom that King refers to his Council without vouchâ—aâ—ing to see him and not being heard at all returnes home again And by some
his supply All eys of forein statutes are upon this affair Either they are unwilling to help him or his state desperate not to be repaired or that they part in disgrace with the King or he in distast with the Parliament our reputations were bred abroad and at home the abilities of retribution to Neighbour Princes of good or harm works much respect A King contemned brings War too late then to be supported things foreseen are soon remedied Meddle not with too much business at once qui trop embrasse rien estreint And recommends to them necessary things Religion Papists increase as if some New plot the feminine sort so proud that as men say they are not to be medled with It is surer to remove the Materials of fire then to quench it Nam levius laedit quicquid praevidimus ante He means not stronger Lawes but better Execution Nor does blood and too much severity severe persecution makes but the gallantness of many mens spirits more than justness of the cause to take a pride to die in repute of Martyrs To clear some obscure doubts in taking the oath of Allegeance who ought to be pressed therewith Let all Recusants be presented without exception and brought under the law To wink at faults is neither Honor nor Mercy in a King but to forgive after Tryal may be Mercy dividing them in two Rancks Old Papists Queen Maries Priests and those that never drank other than what they suckt of their Mothers milk Secondly Or such as do become Apostates from our Religion upon discontent or idle humour new form as a new fashion he pities the first if good and quiet Subjects and may be civil and conversable But for the other Apostates they must expect no favour but Justice and so that these Papists be no longer concealed In the Common-wealth He recommends the framing some New statutes for preservatives of Wood which was the worse liked of you the last Session because I put you upon it then so necessary as not to be without it It concerns their Esse the most Necessary Elements Fire and Fuell Their Bene Esse decay of Wood decay of Shipping The security of this land is from the Sea as a wall and by the Sea wealth Out-going and In-coming of commodities If you will add pleasure Hawking and Hunting some of them may be of his minde in that too and preferre Game almost destroyed He thought them but little for their last law annent Partridges and Phesants that every Farmer may destroy them in his own ground So that if my brede fly over the hedg to his close they are at his pleasure the onely remedy to cast a Roof over all my ground or put his Vervels on all Partridges as on his Hawks so to be known by his Army And for their law against stealing of Dear or Conies After their tedious discourse and prohibition they conclude with restriction onely to stealers in the Night Like the Lacedemonian Law against theft not forbidding it but to do it cunningly whereupon the foolish Boy suffered the Fox to gnaw his heart through his breast Like the lesson of the Canon Si non castè tamen cautè Exclaims also against the Gentlemen that hunt not for sport but ravenly with Nets and Guns destroy the Game And ends as he began the mirror of his heart 1. Which may be abused with a false light to mistake or misunderstand him 2. Not to soil it with foul breath and unclean hands not apt to pervert his words with corrupt affections like the toll of a Bell to some mens fancying what it tincketh that he thinketh 3. Glass is brittle if it fall to the ground it breaks to contemn his heads is not to conform to him But he hopes with Gods blessing all things will end well so farewell And for this the Kings good Counsel to his Law-makers they rewarded him with one Subsidy and one fifteen which came to one hundred and six thousand one hundred sixty and six pounds These times of plenty intice the Gentry to spend at London where the concourse of people raised the house rents Prices Markets and robbed the Countrey of their commerce in the Neighbourhood of the wealthy House-keepers for refreshing the poor discharging that burthen which it brought upon the Commons as hath been said To restrain them another Proclamation forbids all new buildings within two miles of London This and other the like Inconveniences not giving leasure to the Parliament to advise upon remedy the Council-Table took care to rectifie And therefore hereabouts began the frequent necessity of publishing Proclamations which were cunningly carped at by such as could not endure that any Commands should come forth without license of the Lower-house And not only now and heretofore but from time to time during this Kings Reign the new buildings increasing in and about London were endeavoured to be suppressed the chief Justice Popham and all other succeeding resolved in opinion their great Nusance to the whole Kingdom like the spleen in Man which in measure as it over-grows the Body wasts the Countrey must diminish if the City and Suburbs so increase not bringing wealth but misery surcharge to them and the Court and therefore at Christmass the Gentry were commanded into their Countrey to keep Hospitality then and after Peace and plenty with us taught our Neighbours to court their own necessities into a blessing also and humbled the High-spirited Monarch of Spain to descend to a Treaty for a Truce with his Rebell-Subjects held so in former dayes the United provinces of the Netherlands which in much policie he soon concluded not with very religious resolve on either part longto continue for the Dukedome of Cleve descending to nice point of dissention between two neighbor Princes Pretenders Brandneburg and Newburg The house of Austria quarrells his Interest also and got hold of the strong Town of Iuliers The French K. evermore near at hand to draw back any advance to the swelling greatness of Spain was a ready friend to assist the Dutch who liked no such Neighborhood and K. Iames not unwilling to adjoyn his countenance and forces out of the General Interest of all states to ballance the over-powring of Neighbor Nations he being always more ambitious of hindring them for invading one the other than under any pretence of Title or revenge apt to question or conquer upon any others possession and all three not staying any further dispute or delay of a Treaty therein with a threefold Bond of an Army besieges the Town and with little difficulty took it for the right owner But what other Interest King Iames had in this quarrel I know not unless upon the old score of affection to a kinsman of the Scots and a suffering Prince The Duke of Guelders and Iuliers of whom this Duke was descended had been ancient and Magnanimous Kings of Saxonick-frizeland for many ages The younger Brothers of that
House had been Kings of England for neer 600. years untill the time of Edward the confessor The first Counts of Holland till Florus who was the last were younger Brothers of that descent Amongst whom one William was the 26. Emperour of Germany The last Kings of Scotland by alliance were of the same house of Egmont to wit the Grand-children of the Lady Mary of Egmont daughter to Arnold of Egmont Duke of Guelderland which Mary was married to Iames the second King of Scotland And the Lady Margaret his sister espowsed to Frederick the second Count Palatine from whence proceeded Frederick who married the sole daughter of this King Iames the sixth for whose restauration all Germany and many other large Countries have suffered very much in the late years then following I may add also the Lady Philippa of Egmont daughter to Adolphus of Egmont Prince of Guelderland married to Renatus Duke of Lorain from whom descended the Dukes of Lorain who assume among their titles without any Contradiction the qualities of Dukes of Guelderland Iuliers and Cleveland and that by virtue alone of the Alliance with Egmont But greatness submits to providence the remainder of this royall blood is lately Anno. 1654. wholy shut up in the veins of Prince Lewis Duke of Guelders and Iuliers Count of Egmont and Zutphen His great Estate and Revenues relinquishing in the Low Countreys 22. years before his death and sustained himself only with the means of a petty Sovereignty in Lukeland in spite of the Spaniard his mortal Enemy but ranging abroad to seek relief and support against his Tyranny he died at Paris with this Epitaph Hic jacet Egmontos Germano è stemmate Regum Cui mors plus peteret quam sua vita dedit Huic ctenim Patrios quaerebat vita ducatus At mors nobilior regia sceptra dedit As for the Netherlands It belongs not to me to judge of their duty to Spain nor their division now whether Spain hath injured them certainly they were disloyal to him He pretends Absolute Sovereignty They but conditional obedience But without dispute Holland and Zeland belonged to the Lady Iaquelin of Henault who to save her own life was forced to relinquish her Estate And Zutphen and Gelders did of right belong to the Duke Arnold who being Prisoner with the last Duke of Burgundie who died before Nancie that Duke intruded upon his possession to the prejudice of Adolph his son and lawfull Successor the immediate cause of the quarrell after But this siege of Iuliers was the last action of that fourth Henry Le grand of France for the next year succeeding he was stab'd with a Jesuits impoysoned knife as his Coach stopt upon one of the Bridges at Paris In the Junto of time when he had mustered all his forces and ransacked together much Treasure for some secret design which the Spaniard feared might fall upon him And it was suspected for that cause only that the politick Spaniards Interest sent him out of the world farr enough from prejudice of him having but lately repayed to this Crown what had been lent his necessities heretofore by Queen Elizabeth which came unto sixty thousand pounds After five Sessions in six years time the Parliament having wrastled with Sovereignty which the King moderated by often speaking to them Himself yet finding them more willing to dispute than to comply with his occasions having on his part steered with all possible judgment to terms of reconcilement between his undoubted Prerogatives and their Novell Privileges as he termed them which rather increased Arguments by their so often Meetings He resolved therefore to separate their Conjunction and to adventure on the other way to do himself right by his own just reason not to do the people any wrong in the lawes of their liberties and so dissolved the Parliament by Proclamation And now was performed what the King intended last Sessions to set forth his sonne Prince Henry then of the age of fifteen years now 16. And because he was the first Prince here since Edward the sixth we shall say somewhat of his dignity the thirteenth Prince of Wales The Kings eldest sonne heir Apparant in England was styled Prince quasi primum locum capiens post Regem Priviledg they had to wear Purple Silks and cloth of Gold and Tyssue in his apparell or upon his horse 24. Henry the eighth but King Iames had repealed all lawes and statutes concerning apparel quarto Iacobi They had purveyance as the Kings or Queens He is admitted Maintenance to give Signes Liveries Badges to his Menials as the King does but for enormities of that kind several statutes of former Kings abridged them untill 12. Edward the fourth He may have as many Chaplains as he will The King by Common Law may have aid-money of his tenants by Knights fee as of Soccage That is to make his eldest sonne Knight and for marriage of her eldest daughter He at fifteen years of age She at seven saies Fitz-Harbert the sum of money at the Kings pleasure till 25 Edward 3. who restrained it viz. of every Knights fee holden without mean rate 20. shillings of every 20. pounds Land without mean in Soccage 20. shillings and so rata pro rata of lands in Soccage and for lands of the tenure of Chivalry according to the quantity To compass his death or violate his wife is Treason 20. Henry the eighth and before the statute the ancient common law in that case He and other the Kings children Les Enfants du Roy born beyond Seas shall inherit here He had many Priviledges since 12. Edward whose device it was to draw the Welch to acknowledge the Kings Eldest sonne Edward of Carnarvan to be their Prince But 27. Henry the eighth there was a general resumption of his priviledges as to Pardon Treasons Murther Man-slaughter Felony power to make Justices of Oyre Assize and Peaâ—e Goal-Delivery c. so from thenceforth he had onely Name and Title but no other Jurisdiction then should be granted by his letters patents He is invested with a Garland upon his head a gold Ring on his finger and a Virge of gold into his hand to him and his Heirs the Kings of England for ever as Prince of Wales and Earl of Chester To sit at the right hand of the Cloth of Estate in Parliament He shall not find pledges for profecution of any Action Cook cals him Omni Nomine Numine Magnus by Destiny Name and Providence of God the greatest Yet he is as a Subject and shall be sued by action and in token of subjection he bears upon his Arms the three plumes arg with this old Saxon word Ich. Dien I serve Gascon chief Justice in the time of Henry the fourth did commit the Prince who would have taken a prisoner from the Barr in the Kings Bench which the King justified So much premised The King gave his sonne also the honor of Knighthood to
King for nought infinite gain It was then wished that they should declare their benefit and afterwards become Collectors for the King Queen Elizabeth after she had raised Customer Smith from 140001. per annum to 420001. made him discount what he had got This King did not do so yet he did better borrowed money and never paid it them Besides they were alwaies at hand to be squeazed and what his Successor failed in that way being perhaps surprized by death the next long Parliament did to purpose ruined them all upon old Scores And was it not time for King Iames so to do We all know by the succeed such Contractors lost not by their Farm By which we may be assured how mightily trade increased by the wise Government of this King and no Text more certain to prove it than the Inter and Overloping of Merchants to get in to be Farmers so mighty was their gain and so secret this their trade as but by their Pride profuse and stately comportment since could never otherwise have been imagined Liberties and Penalties there have been Kings that have proclamed Quod omnes Chartae irritae forent nisi posteriori sigillo roborentur Nay Qui suis volebant gaudere innovarent chartas suas de novo and this was done by Commissioners or by quo warranto against all And for penal Laws though I know that many Projectors advised yet former examples of this kind have evermore been fatall to those of the Quorum But this King declined it at all Selling Offices had been done formerly not a King scaped it to sell great Offices of the Crown and State for years for life under the Kings hands and seals They lodge in the Record thus Chancelour Chief Iustice all Keepers of Records Clerks of Assize and Peace Masters of Game and Parks and what else of profit or repute In France it is common not one scapes and in Spain as usual and defended as lawful and there are some that have prescribed them amongst the best Rules of reigning Sovereignty both Ecclesiastical and Temporal It may be that Favorites and Courtiers made bold with their interests in their Master to receive their Rewards But his own hands were ever closed from such corruption Sale of Honours It was the antient Power and that legal to call landed men to Knight-hood or fine which he did by favour and grace which he gave truly I believe he was no niggard in them too But indeed there being no Chivalry or Deeds of Arms in this time of peace to make men merit honours those that had it favourites excepted I rank in desert and so of due reward To others I confess they paid for it and they were those off-hand Lords as were made Earls together that paid eight thousand pound a piece and the pride of their hearts never bogled at the purity of the Project but swallowed down the Corruption without check of Conscience and yet this I can tell Some of them set their Sons to beg again part of it for their private expence The Baronets were created upon a better score and both these without any plot of State as was feigned and the designs upon the Earl of Salisbury for the former and upon Buckingham for the later when in truth Pride and Ambition made the project their own And in Gods name let such pay the price thereof And I know as honest and discret as our later times can boast of molded other such designs for degrees of honor to be hereditary in tail as Under-degrees to those already in use which yet the King for that present declined Coyn and Bullion All men know that Coin and Bullion in any State admit great wisdome in the mannagement and as many overtures were now offered as could stand with Justice or Customary Presidents It was much urged to abate money which was never used by any but as a last shift full of dishonor as in Bankrupts and a certain inconvenience to all Revenues of rents and so to the King in that particular as the greatest land-Lord and so his disadvantage which he declined Moneys being esteemed quantum in Massa not altogether per sculptam and so hold esteem by their true value Queen Elizabeth held it up from abasement which her great potent Enemy Spain could not do Then was advised Cambium Regis an office antient untill of late the Goldsmiths have ingrossed it Some thoughts there were to make the Exitus exceed the introitus in Traffick that the unnecessary nay useless commodities brought in in old time accompted Wines Spices Silks and fine Linnen the Manufactures of out-lands and sold to us to a great value even in Babies and Rattles being the sad occasion then the great want of Bullion not sufficient in Specie to pay the Lender in principal At last it was concluded to get advantage in the Coinage either simple Metal or Mixt by which we see that all Monarchs have are argento auro and so was coined only Farthings least other stamp of more value should clog the Kingdom and a proportion was together coined and do what this State could was in few years counterfeited by our neighbour Hollanders and many Firkins filled by them that the Farthing Office was not able to rechange upon the rebate for silver which yet the King continued till these late times called in Examine the inconvenience of Leaden and Copper Tokens as great a benefit now to Retaylors then formerly to the State but with much more inconvenience to the Nation being only utterable and current to each Retaylor of his own Mint and Mark. He was forced to adventure upon the use of Parliaments and to being with money but not to build long upon their discusses whereby came that saying in common as of no other Design Subsidies granted Parliament ended and therein the disadvantages he found might well distinguish him and their less frequent calling from his Predecessor and her often invitation and indeed discourage any Prince that should next succeed her The Disposition and Spirit of the times considered were not alike with him Her people ingenuous and un-inquisitive wrapped in innocence and humble obedience But in his time their passions and disaffections had gotten loose Reins the snaffle in their teeth contesting and capitulating Reasons of her actings were her own Will for then she having just cause to complain of oppressions as they did they only conveyed them to her notice and left the time and order of redress to her Princely discretion And yet when it was not altogether concerning them she would bid them meddle to amend their own Manners Nor were her Messengers choaked by any reproach that came of such errands In his time so much degenerate from the purity of the former under pretence of reforming and freedom that their very inquiry extended to the privacy of the King himself Nusquam Libert as gratior extat quam sub Rege pio Afflicting
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
the Time and to discharge all Modification advance of stipends to any Minister for a year unless onely to such as have submitted to the Articles and in affection to the Kings service The Ministers thus curbed and the Northern men being come up to Edenburgh for their stipends complain of their Brethren their pride and insolency supplicate the Bishops to intercede and mitigate his Majesties displeasure and so they did and procured Letters from the King for allowance of their stipends And Mr. Simson was now released professing his hearty reluctancy for opposing his Majesty setting his hand to a Supplication which himself framed with all submission But his Brethren not liking any submission but to their Assemblies or Synods his being to the Council he sets out an Apologetick glossing upon each word of his Confession and concludes That whatever frailty or weakness had befallen him heretofore he hoped now to be like Peter Qui ore negavit corde confessus est and never to betray the Lords cause with Judas The Iesuits do even so fast and loose neither tongue hearts nor hands can binde them against their mental secret purposes And yet there being some hope that matters might amend for the Church and their frequent Synods preparing for their better obedience the Bishops procured the Kings consent to another General Assembly to be at Perth in August the next year This royal Progress of pleasure into Scotland and back again gave leasure to the King and advantage to all Attendants for preferment of their persons or other satisfaction for their services by the freedom of their Masters bounty both to Scots and English Especially to our new Favourite now of two years growth in the Kings affection This man George Villiers of an ancient Family in Leicestershire and bears 〈◊〉 on a cross Gu. five Escalops Or. His father Sir George Villiers begat him 1592. upon a second venter Mary Beaumont of noble extraction whom for her beauty and goodness he married By his first he had but one Son rising no higher in honour than Knight and Baronet his disposition not court-like and therefore injoying perhaps the greater greatness self-fruition yet in time he had preferment to the Government of Ulster Province in Ireland The other Sons were three and in order of Birth but not in Preferment Iohn was Viscount Purbech George Duke of Buckingham and Christopher Earl of Anglesey and one Daughter Susan Countess of Denbigh We are told that he came over by chance from his French Travels and sought his Preferment in Marriage with any body but mist of a Match for want of an hundred Marks and so pieces him for the Court like the story of Demetas Caparisons borrowing of each one by piece-meal to put him forward for the Kings Favourite But the truth is thus His Mother a Widow was afterwards married unto Sir Thomas Compton whose Brother the Lord Compton by chance falling upon a wonderfull Match for matchless wealth with the Daughter and Heir of Sir Iohn Spencer Alderman of London and her Father then lately dead this Lord was Master of all which was of more than credible and so might be enabled bountifully to set up a Kinsman without other help or Alms of the Parish It was plotted long before and Villiers sent for to the same purpose by practice of some English Lords to ballance with the Scots who by the help of the last Favourite Somerset and others of great affection with the King had the better of the poor English There had been a private Intertainment of a Supper at Baynards Castle by the family of Herbert Hertford and Bedford and some others by the way in Fleet street hung out Somersets picture at a Painters stall which one of the Lords envying bad his foot-boy fling dirt on the face which he did and gave me occasion to ask my companion upon what score that was done He told me this meeting would discover And truly I waited neer and opportune and so was acquainted with the Design to bring in Villiers who was entred before He had need to be well backed against enough that envyed his neerness and aimed by any affront to discountenance him until he made them know that his courage over mastered his sweetness For having bought the place of Cup-bearer to the King and taking the upper end of the Board at dinner before some other Waiter which not his due was told of it and so removed nor was it done with overmuch kindness for indeed the other was Somersets creature who urging a second incivility Villiers gave him a Box on the Ear. For which the custome of Court condemned him to have his hand cut off And which Somerset as then Chamberlain ought to prosecute the Execution which he did And here the Kings pardon without any satisfaction to the other party made him suspected a budding Favourite Who was indeed raised with or by Somersets ruine so drew envy from him as his competitor and from others his Friends compartners in his fall being then as one cast out of the passions of the King We shall find him come up degrees and to stand firm in favour to the death of this King and his second Master till his assassination The King minding to shew his own power to raise him from nothing and his will to advance him for nothing the others study therefore was the Kings inclination and so to leave on him whose affection was sufficient to hold up his head He waited hard and close his first years rising but having removed all the whole Line of Somersets lincks his Wives interests the Howards being boldly fixed in his Masters favor he would adventure to take leave but not too long to be absent And so by degrees inured the King from his custome of overtyring his Favourites and at last fortifies himself by raising out-works if in case of assault His own mariage with an heir the daughter of the Earl of Rutland rich and Honourable twisting himself and his issue by intermariages with the best and most noble For indeed the brouse boughs cut down or removed to plain the stem Our favorite appears like a proper Palm besides the discerning spirit of the King who first cherished him through his innate virtue that surprized all men Henceforth preserments came thick upon him for the next Saint Georges day after his initiation brought him Knight Bachelour and Gentleman of the Bed-chamber At new-years time Master of the Horse and Knight of the Garter and that Summer in August 1616. Baron of Whaddon and Viscount Villiers the beginning of next year Earl of Buckingham and privy Counsellor and this Summer in Scotland sworn there also Counsellour of that State At Christmass after that favours might be recorded Acts of time and of affection too he was created Marquess Buckingham and Admiral of England chief Justice in Eyre Master of the Kings Bench Office and Steward of Westminster places of profit and Constable of Windsor Castle
years before had adopted Ferdinand his Uncles Son his Successour but not to meddle with Sovereignty of a King whilest Matthias lived however Ferdinand thus far set forward himself makes way to the Dignity of Boheme and to prevent discovery from the incorporate Confederate Provinces who have Voices in the Election he calls a Parliament forthwith onely of the States of Boheme with express denunciation that in the Assembly nothing should be consulted but the choice of a new King The Electoral Provinces nor their Deputies nor Ambassadours not being present the Assembly was not legal The best of the States of Boheme therefore refuse to appear against whom was denounced such threats as frightened them with hazard of their Heads and so was procured a pretended Election for the present and his Coronation assented by the main party Catholicks The Crowning Kings in the life of another was of late a sure policy to unite those Kingdoms in the Austrian Family contrary to the ancient custom of free Elections which now neithâ—r State durst oppose To this end therefore and to suppress all future free Elections the Paladium of the Kingdom Ferdinand secretly compacts with the King of Spain without consent of the States and before his Election or pretence to any interest That the King of Spain his Posterity and Heirs for want of Issue male of his Fathers Austrian Line should succeed him in that Kingdom contrary to the established Rules of Politicians that no elected King hath power to alienate without consent of the States this succession exposed them to the loss of all and Religion also and enabled him to enfeoff strangers into each Province and into the inheritances of those Royally descended high-born illustrious Families and by which as was then suspected and since came to pass he should easily seize the Dignity of the Crown Imperial and so abolish the foundation of the Golden Bull and Form of Empire This while the aged Emperour keeps Court at Vienna King Ferdinand at Gref in Steria the Government of Boheme continues in such Counsellours as Matthias left there chosen Ministers Catholick who with the Arch-bishop of Prague endeavour to suppress the Protestants The States Protestants assemble themselves to redress these injuries backt with some Forces which they brought with them and were opposed by the Emperour's Faction whom they over-mastered and flung his chief Justice Slabala his Secretary Fabritius and others out of a Window of the Castle down into the Court and being done in choller excused by Apology to the Emperour But on they go raise force and banish the Iesuit and others of that Faction whom they load with Complaints The Emperour as forward commits the command of two Armies unto Count Buquoy and Dampiere The Protestants counter-force with two Bodies severally under the Prince of Anholt and under Count Thorn and Mansfeilt skirmishing with different effects Some Princes King Iames and others interpose Mediations and Ferdinand complains of the Bohemians obstinacy They remonstrate former undue Elections and allege That between a conditional King and his Subjects there are reciprocal obligations the one Obedientia the other Promissa That he received the Scepter of the States with thankfull remuneration and royal grace to all to satisfie the desire of every one and to deserve their love and swears not to meddle with Government whilest Matthias lives Notwithstanding he maintains the Wars of others against the Bohemians Moravians and Silecians and raised Terra Maria against the Bahemians sent for his own Army out of Steria and pronounced the Protestant States of Boheme Traitors and Rebells and declared himself Enemy to them all That he banished the old President Cesal directs all Councils corrects the Decisians and Decrees Imperial disposes the actions of Buquoy as King and Lord of all and dis-inclines all means of Peace with Ambassadours of all Provinces who met at Prague carefully consulting to recover Peace That conditional elective Kings receive their royal Authority upon Oaths their Sovereign power Ex pacto non ex jure from the Subjects by concessions upon Covenant not by succession nor descent as other Kings who are so before they swear to their Subjects and do swear because they are Kings but are not Kings because they swear the one born a Prince without his Subjects the other made and given to be a King The Oath of Elective Kings is Et si quod absit in aliquibus Iuramentum meum violavero Nullam mihi incole Regni omniumque dominiorum unius cujusque gentis obedientiam praestare delebant And the Chancellour usually tells them Quandoquidem viderunt Ordines Majestatem regiam pactis conventis stare nolle non debere ait ipsius Majestatem in malam partem interpetari si Ordines obedientiam ipsius Majestate renuncient These things thus a doing the old Emperour dies and Ferdinand now King of Hungary and Boheme and adopted Heir of the Empire meets at Franckford by Summons with the three Electors Menâ—z Collen and Trevours the other three Silecia Moravia and Lusatia failing in their persons sent their Representatives only and so the Council chose him King of Romans which the State of Bohemia disclaim and of his being Elector as King of Bohemia he never actually possessing the Crown Their disâ—entions could not lessen his Election to the Empire yet they swore never to receive him their King King Iames much troubled at these interruptions of Germany took himself to be much conceâ—ned in the hazard of the Protestant party and the peace and danger of the Reformed Church and therefore sent Hay Viscount Doncaster Ambassadour extraordinary to mediate with the Emperour and Bohemians but to little purpose The Emperour by means avoiding to receive him knowing his errand being to paliate what was grown too high for his Reconciliation and removed his Gests when Doncaster came but neer him so whilest King Iames hunted at New Market his Ambassadour coursed the Hare in Germany but his business through the crudity and raw initiation took not the effect Ferdinand fearing the Success of Ingagements insinuates with the Germain Princes and had possessed the Duke of Bavaria and others The poor Bohemians in this strait and finding K. Iames an Inteâ—cessor thought it policy to bring him into the List for having published their Declarations and Reasons pronounced the Election of Ferdinand to be invalid and nul and the States of that Kingdom and other Provinces Elect by this Title The most Gracious and the most Mighty Prince Lord Frederick Count Palatine of the Rhine and King of Bohemia In the mean time King Iames consults with his Council diversly affected to this Design of taking or refusing Amongst them see what our Abbotâ—ends â—ends to Secretary Nauton not being able to come to Council Good master Secretary I have never more desired to be present at any Consultation c. My humble advice is That there is no going back but a countenancing of it