whose former fewds had made but suspitious and so he wearied with doing evil returns into France to settle their Solemn League He gone Henry the eight sends home the Queen and Angus and having this while composed his French Quarrels with a Defensitive Amity against all Tourney rendred to the French and Overtures of a Match between the Dolphin and Henries Sister and not a word for the poor Scots that had lost their King in the French Dispute only interceding for a Cessation of Arms with the English and so accepted for Henries conveniency of Princely Interview with Louis The while supporting Angus and his Faction their own Civil Dissentions sufficient to busie themselves and to keep matters in much disorder the policy of England and France both to weaken the Scots power for eithers prey which being suspected by Albany now in France and the violent Fewds beginning fresh at home after five years absence he gets loose of the English Ships that lay wait in his way and Lands in Scotland The Governour come he sets things strait again which by his absence were made awry forces Angus into France many suffer besides others more factious fly into England and pretend the Dukes sudden return was to ingage that Nation against Henry who in rage sends to the Governour to be gone to his French Friends or to expect blowes and was answered as peremptorily That in case of War he knew better to defend than the other to fight King Henry in fury sets fines on some Scots here and after banishes all and presently pursues with invasions upon their Nation by Sea and Land And over to England comes the Emperour instigating the King to fall out with France the like Empirick Balm the French apply to cure the wounds of the Scots Commonwealth which prevailed so far that both Armies meet but the Scots would not fight the English fire all before them and the Governour not affected with the Scots falshood returns back to France for ever Angus gets home again countenanced by Henry assumes the person of the King now thirteen years old concludes a lasting Peace with England and proposes a Marriage between the young King and the Princess Mary which Henry in heart desired untill he heard of the French King Prisoner at Pavia by the Emperour so the match was put off upon pretence for the Emperours consent her neerest Kinsman The Queen displeased with her Husbands Supremacy over her Self and Son and both agreed to dislike each others Bed for it was fatal to her as to her Brother Henry to love change in And forthwith followed Divisions of Religion in Scotland also with Disputes and Arguments for Toleration excellently urged in â—avour of the Reformed but the Catholique Clergy prevailed and the Inquisition erected to force the other with Fire and Fagot The first that suffered in suspition of those attempts were the Hameltons of Kin to the Crown which wrought factions to such height as that King Henry takes heart begins by Incursions where the English were soundly beaten And then in Revenge Howard stiled the Old Earl of Norfolk is sent with formidable Forces 40000. to 30000. if the sums are not mistaken either party so numerous as to eat up all and starve themselves But upon some distrust of success the Earl retreats The Scots pursue this advantage And the next Spring mutiny among themselves and at Salloway Moss the English gave them a mighty defeat which so astonished King Iames that with wondrous regret he forced death over hastily to seize him at the instant when his Queen was delivered of a Daughter the only issue remaining to succeed him in his Throne And with he begins our History The Life and Death of his Daughter Mary Queen of Scotland taking up the Remain of Henry the eighth who lived not long after leaving his three children succeeding Sovereigns yet thought him not worthy memory by any Monument Edward the sixth whose short raign and youth supported by a wise Council held up what was left him by Succession Untill the Soveraignty fell to his Sister with alteration of all and hazard of all she being imbarqued in body and business to a Strangers Supremacy but not lasting long time Was left to a Virgin to recover desperate dangers Ecclesiashick and Civil with various Designs Impressions and Operations upon her Neighbour States imbroyled with her jealousies to infamy of destruction in the blood of Q. Mary of Scotland her neerest kinswoman and pretended Competitor in the Crown untill at last in Gods due time the Sovereignty fell to a Foreiner King Iames with re-union of the antient Title of Britain Elizabeth indeed succeeded in the Inheritance begotten by H. 8. upon Ann Bullen after his divorce from Katharine his Brothers widow by whom he had Q. Mary and that mariage dispensed with by the Pope Hence did arise a question Whether the Divorce was legal or Elizabeth legitimate when Adam was created Eve was taken out of him and made Woman a fit Instrument for prolification and Society And both married in Paradice God the Father being the Priest and the Angels Witnesses for which cause A man shall leave Father and Mother and cleave to his Wife They begat Sons and Daughters which were Brothers and Sisters and married one the other without contradiction untill the Flood nay after the Flood untill Moses writ And these Marriages were not against the Moral Law written in their hearts which being much obliterated in the faculties of the Soul by reason of Adams transgression when Moses writ the Law of Nature or Law of Reason it was therefore twice written in Tables of Stone that by reading those Precepts which were much defaced within man might repair in some measure those Laws almost blotted out by sin And so by reading get them into his Understanding Will and Memory Mans Knowledge comming most naturally by Sense Moses did not onely write this Morall Law in Stone but gave many positive Laws for the Pedagogie of the Iews untill Christ as the Ceremonial and Iudicial The Iudicial Lawes amongst other things did forbid Marriages in cases of blood and affinity and these continued until Christs time and no longer unless there were a Moral Equity in them which Morality is onely inter Ascendentes descendentes where there is a kind of Paternity and Fiâ—â—ation for Filius non portabit iniquitatem Patris and for that sin Iacob cursed Reuben for ascending his Fathers bed This ground being truly laid it was conceived there is no Law of God in force but that which is between Ascendents and Descendents It is true every Church hath made Laws to bind people in their Churches but it was insisted upon only in this That the Moral Law doth not forbid and the Ceremonial and Iudicial Laws are now abrogated In Sir Giles Allingtons case not long since who married his Sisters Daughter there was a sin against the Moral Law and so they were divorced But it was said in that case that
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-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
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
Moses the Prophet and Servant of God had in all that belonged even to the outward and least parts of the Tabernacle Ark and Sanctuary witnesseth well the inward and most humble zeal born towards God himself The industry used in the framing thereof in every and the least part thereof the curious workmanship thereon bestowed the exceeding charge and expence thereof in provisions the dutifull observance in laying up and preserving the holy Vessels the solemn removing thereof the vigilant attendance thereon and the provident defence of the same which all Ages have in some degree imitated is now so forgotten and cast away by this super-fine Age by those of the Family by Anabaptists Brownists and other Sectaries as all cost and care bestowed and had of the Church wherein God is to be served and worshipped is accounted a kinde of Popery and as proceeding from an idolatrous disposition insomuch that time would soon bring to pass if it were not â—â—sisted that God would be turn'd out of Churches into Barns and from thence again into Fields and Mountains and under Hedges and the Officers of the Ministery robbed of all dignity and respect be as contemptible as those places all Order Discipline and Church-government left to newness of opinion and mens fancies yea and soon after as many kindes of Religions would spring up in Parish Churches within England every contentious and ignorant person pleasing his fancy with the Spirit of God and his imagination with the gift of Revelation insomuch as when the truth which is but one shall appear to the simple multitude no less variable than contrary to it self the faith of man will soon after die away by degrees and all Religion be held in scorn and contempt Which Distraction gave a great Prince of Germany cause of this Answer to them that perswaded him to become Lutheran Si me adjungo vobis tunc condemnor ab alis si me aliis adjungo a vobis condemnor Quid fugiam video sed quid sequar non habeo The time was come the first Anniversary Celebration in England with religious Rites and sacred Ceremonies of the unfortunately fortunate Nones of August noted in Red Letters in the Calendar to represent the bloud of many thousand Martyrs spilt of that day by Dioclesian in Rome but now to be distinguished with golden Letters in ours in memory of two renowned Kings in these Kingdoms the one receiving life the other escaped death on this day the Nativity of King Oswald who united the Crowns of England and Scotland which were severed afterwards for many Ages and who in the end died a Christian Martyr and sealed it with his bloud the other King Iames miraculously preserved from Gowry's Conspiracy Anno 1600. and who now again unites these Crowns and therefore we may change the old spell of the Martyrs Quintum fuge into Quintum cole if not for the Genesis of that one into life yet for this others Exodus out of the Chamber of death And as this King never failed of the day Tuesday weekly to hear a Sermon so neither of the Annual time unto his death kept holy by him and all his good Subjects and the truth of the Conspiracy sufficiently recorded heretofore and shall be hereafter confirmed Anno 1608. Though our Historian died it seems of a contrary faith in that himself being evenly conform to Gowry's loyalty Affectiones facile faciunt opiniones for he passes it over with this Odiism That Gowry assaulted him or he Gowry About this time a Commotion was stirred up by some Commoners against ingrossing their Ground when the King chanced to be invited in his hunting Journey to dine with Sir Thomas I. of Barkshire and turning short at the corner of a Common happened near to a Countrey-man sitting by the heels in the Stocks who cried Hosanna to his Majesty which invited him to ask the reason of his Restraint Sir Thomas said It was for stealing a Goose from the Common The Fellow replied I beseech your Majesty be Judge Who is the greater Thief I for stealing Geese from the Common or his Worship for robbing the Common from the Geese By my Sale Sir said the King to Sir Thomas I se not dine to day on your Dishes till you restore the Common for the poor to feed their Flocks Which was forthwith granted to them and the witty Fellow set free and care soon taken to quiet Commotions The Plague ceasing which hitherto bounded all mens expectations and persons at a distance the people now flock up to London to take view how the King would settle Laws and Constitutions afresh for the people A Parliament was expected the peoples Idol in those days which the King considered according to the power and interest of Lords and Commons therein and which thus grew up into a Body After the period of the Saxons time in England Herald one of the great men got power and put himself absolute the rest of the Satrapas call in Wiâ—â—iam Duke of Normandy an active and fortunate Prince against the French King the Duke leads over hither many the younger Sons of the best Families of Normany Picardy and Flanders and getting this Kingdom by the Sword he shared out his Purchace retaining to himself a Portion in each County and called Demenia Regnt ancient Demeans crown-Crown-lands He assigns to others his Adventurers suitable portions to their qualities retains to himself dependency of their personal Services and were stiled Barones Regis Free-holders As the King to these so they to their followers subdivided part of their shares into Knights fees and their Tenants were called Barones Comitis The Kings gifts extended to whole Counties or Hundreds at the least the Earl being Lord of the one and a Baron of the inferiour Donations to Lords of Townships or Mannors As the Land was thus divided so was Iudicature each severally from the King to the meanest Lords had their Court-Barons yet perhaps Reddebant Iura by twelve of the Iury called Free-holders Court who with the Thame or chief Lords were Iudges The Hundred was next whence Hundredus or Aldermanus Lord of the Hundred wherewith the chief Lord of each Township judged within their Limits The County or Generale placitum was next Ubi Curiae Dominorumâ—probantur defecisse pertinet ad Vice-comitem Provinciarum The last was Generale placitum apud London universalis Synodus the Parliament of England consisting of King and Barons onely who ruled affairs of State controuling all Inferiours So were there certain Officers of transcendent power for executing not bounding the Kings will those were Steward Constable Marshal heretofore fixed in Fee to Families they as Tribunes grew too bold and their power was lessened after the death of that daring Eaâ—l of Leicester slain at Evesham Henry 3. by hard experience of his Father lessened their power by examining their usurpations over Regality being become Tot homines tot Tyranni Then began the favour of
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
Abatement of his writ Nor shall any Nobleman of any other Nation hold plea in England by his name of dignity but only by his name of baptisme and Sùrname Cook 7. part Nay though he mary in England and have issue here the Father dying his Son shall not bear titles of his Fathers Honour because the title had original by a forein Prince and not by English Peerage Nay a more strange case A Postnatus of Scotland or Ireland who is a natural Subject of this Land be he the Heir of a Nobleman yet he is none of the Nobility of England But if the King summon him by writ to Parliament and therein stiled by that foraign Title then from thenceforth he is a Peer of England 39 Edw. 3 36. But more and worthy observance A Knight of any foreign Nation shall be so named in all our Courts of Pleas for the highest and lowest dignities are universal 26 Edward 4 39 Edward 3. And so shall any foraign King be sued here by his Title otherwise the writ shall abate for observe the person of a foraign King shall be here impleaded for debt or trespass of life so an Ambassadour Pardon this digression and now we return to Scotland The King grants a Commissiâ—n to certain persons to see conditions performed by the Popish Lords in reference of their obedience to the Church and for them also to subscribe to conditions for peace and quietness to the King and Country under caution of 20000. And in particular for Huntley to be advised by some Lords assigned to counsel him especially concerning the Kings service But to prevent the Kings publick intentions comes over from foraign parts one Iames Gourdon with designes of Treason and to deterr Huntley from subscribing against him was publisht a Proclamation and a thousand Crowns to apprehend him At which time there was discovered a practiâ—e of surprizeing the Isle of Elsay in the West Seas for receiving forces resolved upon by the Spaniard to be sent thither The contrivâ—r of this design was Barklay the Laird of Ladyland who had escaped out of Glascow prison last year and now returned from Spain and was secretly gotten to this Isle being a high rock four miles compass and thereon an invincible Tower somewhat ruinate of difficult access which he meant to victual But was sodainly surprized by one Knox who landing on the shore Barklay was walking down the Hill to take view of the Company not mistrusting to be known And finding that he was thus betrayed ran into the sea and drownded himself The news whereof comming to the Popish Lords made them the sooner conform which they did forthwith The King thus inabled to command ordains several Commissioners to reduce such families in the North that were in fewds particularly these between Huntley and Murray as you have heard Huntley and Forbes Arrol and Ladwhern Drum Frendraught men of considerable fortunes and fewds so that the North was cleared and quiet And now the King reminds the late behaviour of the Malapart Minister Blake who was couvented before Commissioners at Saint Andrews his Church concerning his Treasonable speeches in his former Sermon whereof he had been convicted before the Council and was now further accused as wondrous factious and so condemned and turn'd out of all And thus visitations being made through all Churches and Presbyteries a strange reformation followed both there and in the University and not only Inquisition of their Doctrines and behaviour therein but also concerning the Managment of Lectures Offices Revenues Rents all out of order untill this blessed way of altering all for good But more especially in the Colledges in place of divinity Readings Politick questions were raised whether the Election or succession of Kings were the better Government How farr the regall power extended whether Kings may not be censured for abusing the same and deposed by the people The King therefore prescribes the professors their Theam The first Master to read the common places to the Students with the Law and History of the Bible The second Master to read the New Testament The third the Prophets Ecâ—lesiastes and Canticles The fourth the Hebrew Grammer with the Psalms Proverbs and the book of Iob. A Council appointed for the Universitie and that for their better improvement and studies the Doctors Professors and Regents not being pastors should be exempted from Church-meetings Sessions Presbyteries and Assemblies these Orders and Articles assented and sworn unto in presence of the King And being Northward where pittifull ignorance possesses the common people Amongst many one Margeret Attkin apprehended upon suspition of witchcraft and threatned with Torture confessed her trade and discovering her associates to purge the Country of all if she might have but pardon she gave her reason to be assured of their guilt all of that sort having a secret mark in their eyes by which she could certainly discover them to be witches and had by deceipt the Devil also assisting gotten credit and belief and so carried through the Country for discovery of others and divers innocent women by her asseveration at Glasgow through the ignorant simplicitie of Master Iohn Cooper Minister were put to death But some wiser than the rest altered the women into other habits whom she would then acquit and so she was sent back to Fife her first aboad and then hanged But belying her self in what she had confessed she was by some supposed not guilty and the King was moved to recall the Commission which authorized proceedings against such seducers And yet the fearfull abounding of these detestable slaves to the Divel moved the King to dispatch hastily a Treatise to the press of Doemonologie in form of a Dialogue and devided into three books 1. The discription of Magi in special 2. The discription of sorceries and witchâ—raft in special 3. The discription of all these kind of spirits that trouble men or women and the conclusion Against the damnable opinions of two principally in that age One Scot an English man who denies in print such a thing as witchcraft and so maintains the old error of the Saduces in denying of spirits The other of Wierus a Germain Physitian in his publick Apologie for all witchcraft discovering thereby himself to have been one of them The Kings indeavour is to prove two things That there have been and are such devilish Arts and secondly what exact tryal and severe punishment they merit And reasoning upon Genus he leaves species differentia to be comprehended therein for example In the first book Chap. 6. speaking of the power of Magicians He saies that they can suddenly by their spirits cause to be brought all kinds of delicacies since as a thief he delights to steal and as a spirit subtilly transports them under which Genus all particulars may be comprehended as bringing wine out of a wall c. proved by reasons of the general In the second bookâ— Chap. 5
fell dead upon him and his hurts affording him no help of assistance being alone there he lay till by good hap Sir Robert Drewry and Sir Iohn Ogle drew him from under his Horse and being set up behinde one he escaped the Enemy at his heels his hurts bleeding much at four holes he was forced to fall off for that present His Brother Sir Horace he found at the two Canons having gathered some three hundred retreat Foot and there staid the Enemy who came up to the very handing the Ordnance which fired on them with a Train also of some Barrels hid in the sand and made wondrous Execution And not till now comes Succour two Cornets of English from the Prince which encourages Sir Horace and bold necessity to boot beat the Spaniard back again by the way some others fell on also and followed them to Execution The Arch Dukes Phalanges and Battalions startle and rowse up rather for defence than revenge and now Orange findes his Friends have fresh courage by the tottering effects of fight caused his whole Battell to advance both meet and joyn pell mell Horse to Horse Foot to Foot till the fate of fight forced the Arch Duke to turn faces and fly and were followed to Execution as far as the Morish Dam. The English having the Chace took Don Iasper Sampen Don de Villars Maestro del Campo and the Arch Duke escaped hardly for his Horse-bit was held by a Souldier and he spurred on and got off losing in this Battell the most of his chief Officers the Prisoners were Don Francisco de Mendoza Lieutenant General 〈◊〉 Count of Solms on his side Don Lewis de Aville Don Piedro de Mendoza Doctor Anarea the Arch Dukes Physician Don Iaspar Marogan and five and thirty Horse and Foot Captains three hundred and ten more men of note eight Pieces of Cannon most of the Ammunition Baggage and Furniture the Arch Dukes own Tent Cabinet Plate Seals of Arms one hundred and six Colours five thousand slain on the place besides hundreds of others out-lying in fight the loss fell most upon the Spaniards and Italians who fought bravely and bore all their brunt taking too much heart upon their morning success On the Orange part were slain two thousand and five hundred most English who were put to it against the Spaniards and Italians in several brave Charges and so lost six English Captains Yorkley Huâ—â—iwood Tyrrill Duxborow Priton Woodward and most of the Officers slain or hurt The Spaniards complained of their own Horse which jâ—ded and should have succoured their Foot that fought bravely and commended the Dutch's order in marshalling their men into severall light Divisions when as the Adversaries great Pâ—alanges and Stand of Pikes were unwieldy heavy to charge The Danes dispute the English Fishing upon their Coasts Norway and Island and seize the English and Goods there who indeed made no claim of Right but onely Leave and Custom from Norways Kings before their conjunction with Denmak and confess that by the League with King Iohn heretofore they were to ask it from seven to seven years which had been neglected with King Christian for in 1585. they had Liberty without further Licence and concluded which I wonder at Mare liberum This occasion acquainted the English Delegates that were sent thither to treat with the mystery and benefit of Trading and for the Londoners to be instituted into an Eaest-India Company with great Privileges King Iames nearly concerned to congratulate the happy prevention of Essex his Rebellion sends to England the Earl Mar Ambassadour with the Abbot of Kinloss to congratulate the Queens happy success against such treasonable Attempts which she takes well coming so seasonably to satisfie ill Rumours That Essex was made away for affection to the King of Scots Title and that the Ambassadours Commission had been to plead for his part And withall to expostulate her remisness for not due punishing Valentine Tomas a base Calumniator of their King and that Ewer and Ashfield should be shadowed here two Fugitives from Scotland But Ashfield might be â—eleased And in conclusion their chiefest Errand for Assignment of some Lands in England as a Rent-charge for defraying the affairs in Scotland then too burdensom for the King She thanked the King and wished that all Rebellions against him might the Eve of that Day finde the same End and like Success of all Traitors to Him as Essex was to Her That Tomas was spared in prudence to their Masters honour lest by rubbing old sores with often Trials and Executions too frequent Examples might rather increase slanderous Tongues whose impudence in accusing even without any possibility of truth or shew of proof yet through too common rumour thereof may beget and that in time belief Ewer indeed was an ill man for denying peremptory things of evident truths which yet his protestations wrought upon easie spirits with credulity As for Ashfield he had cousened the President of the English Borders of Scotland with a Trick to go thither and play'd the Knave to get home again She always found with long experience that to countenance evil manners in her neighbour subjects was to teach her own to do worse to her self and made a distinction of that with national protection which in some cases must be maintained And that for Lands she would add to the former Advance two thousand pounds a year for maintaining inviolable unity and agreement with her with caution to him not to intrust such as seek their own private gain with the publick loss Thus much in publick besides their private contrivance with the principal Nobility and Councel to work them the Kings Friends who assured him peaceable reception into England after Queen Elizabeth The Pope Clement the Eighth had that fear and therefore by his Breves prohibits all such Professors of the Roman faith not to admit any how near soever in bloud unless upon Oath he promote the Catholick Doctrine and the like is brought over to Scotland by Hamilton and Hayes two Iesuits men of fiery spirits and working brains chief Instruments of Sedition at the holy League in Paris these men are proclamed Traitors but lurk in the North for a long time A general Assembly is there resolved at Brunt-Island for repressing Papists and very conscientious begin to rectifie themselves careless Ministery hasty admission of mean men pleasing the people and ruineth the Church and therefore they ordain Days of Humiliation and Prayer But Mr. Iohn Davidson was of opinion they did ill not to blanch the King and Court and therefore writes to them HOw long shall we fear or favour flesh and follow the counsel and command thereof Shall our Meetings be in the name of Man The King called them c. Is it time for us now our Brethren thrust out without just order Papists Jesuits Atheists countenanced and advanced to the best Room in the Realm bringing Idolalatry and Babylonish
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 Buckingham and the Secretaries that so Super totam Materiam he may receive their Assistance and advice for the good of the Commonwealth Religion His Son and His children of the Palatine And for his Estate it is considerable as consisting with theirs And as Res Integra is presented to them so he professes himself free to follow their best advice By Metaphor of good Gardiners that plant good and pluck up bad weeds choak their Labours but jealousies are to be rooted out for they are of a strange depth And cleers himself in the presence of God of either Remissness in Religion or maintenance of Toleration what suspition might be was when he connived at some things which hindred weighty affairs but never to overthrow or disagree with Our Laws For a good Horse-man spares the spur and sometimes suffers the Reigns so a Wise King as his age and experience informs to quicken and execute Laws and upon just occasion to be remiss And closes with that which he would have take best impression as most averse from their faith their Privileges He never restrained Lawful Liberties antiently warrantable therefore he forewarns them as Saint Paul did Timothy to avoid Genealogies and curious Questions quirks of Law idle Innovations And his prayers to God for them and a happy Conclusion of this Parliament Concluding with serious and Christian Protestations before God That never way-faring Man in the burning Desarts more desired water to quench his drought than he thirsted and longed for happy success of this Parliameâ—t that the good issue of this may expiate and acquit the fruitless of the former AMEN This the effect His occasions were alwaies to speak much and his excellent abilities to speak well worthy of print as they are other where virbatim which the bulk of this History craves leave to breviate The Lord Keeper as Speaker to the Peers whose place there usually adds to the Kings mind and meaning and excuses himself After his Eloquence to be silent not to enamel a Gold Ring with studs of Iron And as One saies of Nerva that having adopted Trajan he was immediately taken away Ne post divinum immortale factum aliquid Mortale faceret So he durst not after his Majesty Divinum Immortale dictum Mortale aliquid addere Of this one complains as the temper of those times onely Men make themselves Beasts by making Kings Gods and advances highly the Spanish and French not idolizing their Kings with Sacred Sovereign Immortal Oraculous Expressions but in their Title Sir tells the business and demands Iustice. When both houses had well digested the Kings excuses and given some hopes of their good satisfaction and so cleerly to go on to business of the time It was thought fit for the King to perâ—orm his promise in reference to further Relation of the Mysteries in the Match And therefore after five daies breathing the Duke of Buckingham with the Prince gave particular remonstrance to both Houses of such Transactions or so many as is necessary as before remembred especially those which were mannaged by Sir Richard Weston with the Arch-dutchess at Bruxels in reference to the K. of Spain and both their jugglings viz. That thereupon the King sent Porter to Spain and was abused with hopes to credit Bristol till Olivares told him plainly That they meant neither the Match nor the Restitution of the Palatinate Bristol in private discovers this freedome to Olivares who incensed with Porter refuses to speak with him any more And so Bristol orders his return with a dispatch and assurance of both Demands but being of slow performance the Prince undertakes it himself in Person where the Spanish deceipts and Bristols connivance being with some intricacy discovered by the Prince He is now returned through all these hazards to deserve thanks from us all The Duke having satisfyed the curiosity of a searching Parliament was highly esteemed as the Preserver of the Nation contrary to that natural custome of incompatibillity of affections between the vulgar and the Sovereigns favour and so he kept it to the Kings last breath eighteen Moneths after a long course calm and smooth prosperity without any visible ecclipse or variation Though an Author seeks to scandal his Memory And brings Bristol his Accuser hereafter I know not when That the Duke caried the Prince Purposely into Spain to be better instructed in Popery and gave hopes of the Princes conversion and professed himself a Papist heard Masse adored their Sacraments and received a Bull from the Pope to incourage him to pervert both the King and the Prince These imputations so feigned and false need no confutation but neglect and scorn though some Articles since seem to say so much The Parliament had other opinions then and thereupon advised the King to break the Treaty and proclaim open Warre against Spain but in such General terms as gave his Wisdome cause to suspect and therefore thinks fit to propound such cautions to them as should advisedly draw to Resolutions and not leave him in the lurch My Lords and Gentlemen Have cause to thank God that my last Speech takes this effect that with unanime consent you have so speedily given advice in this Businesse to break off the Treaties of the Match and Palatinate And now give me leave as an old King to propaund my doubts and hereafter give me your answer It is true I have been all my life a Peaceable King my Titles and Impress Rex Pacificus give me that Honour and should I now imbroyl my self in War against my Nature and mine honour to spill more blood of which too mâ—ch had been shed unless it be by Necessity Malum Necessarium Besides He tells them Some hopes of better conditions hath been offered since this sitting But to take off their Iealousies that while they advise he rejects It is therefore left to their consideration as a matter of weight that the course may agree with his conscience In the case of his Children he being old would be glad as Moses saw the promised Land afar off if not to see the Restitution yet to be but assured it shall be and so to sing Nunc Dimittis Domine He hath heretofore said as now not to desire a furrow of Land in all his Dominions without Restitution of the Palatinate but then take the Difficulties of the Case It is unchristian to advise a King to War by blood which may be had by Peace And to consider the Requisites anent his Nccessityes for he tells them plain Parliaments have afforded him least helps of any King His disabilities increased by his Sons journey to Spain Ambassadours maintenance of His Children assisting the Palatinate his debt to Denmark for the Low Countries who if not assisted by him cannot subsist of themselves The Princes of Germany that should help are poor weok disheartned and expect from hence Ireland as a back-door must be secured The Navy though well must