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
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
368 Earl of Essex and his Countess and Overbury their story intermixed 385 their Divorce and manner 386 〈◊〉 Earls created for money 463 The Emperour in Arms concerning the Kingdom of Bohemia 480 Egglesham his scurrilous Pamphlet 592 F. FAvourite Car his story 376 Villiers a Favourite his story 455 G. SAint George's Feast and his story Order of the Garter 273 Gowry's day of Conspiracy solemnized the memorial 312 H. KIng Henry 8. turns Protestant makes war with Scotland defeats them Proeme Henry 4. of France murthered 362 Prince Henry created Prince of Wales their Dignities 362 his sickness and death 377 Hospital of Sutton founded 367 Honors illegally adopted in Scotland 369 Heresies of Vorstius and Arminius their story 370 Of Adamites 375 Lord Haies Ambassadour into France and character 428 Earl Huntley of Scotland his story 444 Titles of Honor to English women 458 Sir Edward Hawley a stout Templer 524 Marquess Hamilton's sudden death 590 I. KIng James 5. dies his character 3 King James 6. his parents 1 Introduction Queen Elizabeths sickness and death 265 King James 6. settles his affairs in Scotland 265 proâ—aimed King of England 268 sets out from Scotland 269 his interest with other Princes 280 Letters of Reprieve for three ready to be executed 287 his Speech in Star-chamber 439 Iourney into Scotland and passages there 45â— his Letters to the â—ssembly at Perth 475 his Speech to the Parliament 493 and again to the Lords 497 retires discontent to Newmarket 509 writes to the Speaker 510 his message to the Parliament 512 his Answer to their Petition 513 writes to Secretary Calvert 520 and to the Speaker 521 fights and treats 538 his Speech in Parliament 557 and again 560 answers their Petition against Papists 564 his sickness disease and dies 591 vindicated 592 his character and royal memory 594 and Epitaph 599 K. KNights Batchelors made and their Dignities 270 Knights Templers 527 Knights Baronets created and discussed 402 Knights of the Bath their manner and creation 276 Kings elective and successive their different kindes 480 Lord Kensington his birth and breeding 429 Embassage into France about the Marriage 566 quarrels with Count Soisons 569 L. LEpton's speedy post to York from London and back again six several days together 333 Sir Thomas Lake and his Lady their story 446 of Labells and Pasquils 526 answered by Treasurer Salisbury 381 M. EArl Montgomery the first Favourite 365 careless of the Kings sickness 592 Masks and Plays discussed 366 Queen Mary of Scotland her Corps re-interred at Westminster 376 Moneys the King wants and ways of supply 404 restrains his bounty 406 Money of Benevolence 407 Merch. Traders make feâ—ds 313 Cross Marriages of Spain France and Savâ—y 417 congratulated by Embassies 428 Murther monstrous in Cornwall 463 Murther of D'Ancre in France 449 Murther of Henry 4. of France 362 Marriages with forrein Princes unfortunate to England 487 Match with Spain the Princes journey and story 524 Marriage of the Palsgrave with the Princess Elizabeth 377 married 380 Marriage of the Prince with France treated 566 Marquess Buckingham created and the Dignity of a Marquess 489 Montague made Lord Treasurer his Descent and Issue 490 Mansel Sir Robert his Expedition and Voyage against the Piâ—rats of Algier 491 Michel and Mompesson censured in the Parliament 500 Earl Marshal of England their dignity 505 Massacre at Virginia 528 Count Mansfield comes to Holland raises Forces in England for the Netherlands 587 N. EArl of Northumberland and other Lords censured as guilty of the Pouder Treason 334 Earl of Northampton dies his concernments 393 O. OAth of Allegeance 315 and Supremacy 316 the Popes Bull against it the Kings Apology to all Princes thereof 329 Earl of Orkney commited 352 his Execution 398 Sir Thomas Overbury his story 383 impoysoned 393 discovered 414 Oglevey a Iesuit his story 398 Earl of Oxford his descent 483 he and Essex carries Souldiers into Germany 483 joyn Forces with the Princes against the Emperour they are beaten and fly 485 he is committed in England and the occasion 523 Prince of Orange dies 588 Earl of Oxford's Enterprize at the Siege of Breda 588 P. A Notable Present 270 Presbyterians Reclamations against them and their Doctrines 289 Proclamations against Iesuits 306 to conformity of Religion and Discipline 321 against new buildings in London 3â—1 another against buildings 360 to dissolve the Parliament 522 Prophesie of these times 311 Parliaments and their beginning 312 the Kings Speech in the first Meeting 319 second Session 323 third Speech 352 dissolved 362 Parliament called again 488 Prorogued 507 their Declaration to recoveâ— the Palatinate 508 petition the King 511 their thanks and Petition 521 and are dissolâ—ed 52â— another Parliament 555 petition against Papists 564 their Designs of Wâ—r for the Palatinate 579 Pastimes harmless allowed and recreations after Sermons 458 Pouder Treason 323 Post nati confirmed 340 Papists persecuted by Pens 364 Prince Palatine a Suâ—tor to the Princess Elizabeth 377 married 380 elected King of Bohemia the occasions discussed story and war 478 Proscriptions against him 482 raises an Army defeated and flies into Holland 485 Pirates of Algier expedition against them 441 Lords petition against Titles of forrein Honours 496 against grievances 497 Preaching how ordered 531 Papist and Puritan discussed 5â—3 Prince Charls his journey to Spain 542 arrives there 543 complements with the King 544 enters in triumph to Madrid 545 visits the Queen 546 her presents to the Prince 547 he answers the Popes Letters 548 takes leave to return 551 Presents given and received 552 his journey towards the Sea and parting with the King 553 the Pillar at parting 554 in danger to be drown'd the storm described 554 lands in England 555 Q. QUeen Mother of France flies from them 450 Queen Ann sent for out of Scotland and her designs to seize the Prince 272 she dies her character 474 R. Ralegh Sir Walter his birth breeding preferment and treason 281 released imprisonment 459 his Guiana Voyage and Execution 469 Sir Harry Rich his birth and breeding discussed 429 made Baron Kensington Ambassadour into France about the Marriage 566 quarrels with Soisons 565 Revolt of the Earls in Scotland 368 Rainbowe lunary 378 Duke of Richmond dies suddenly 557 S. SUccess and consequence of events 281 Psalms new translated 309 Star-chamber original and ending 334 the Kings Speech there 439 Earl of Salisbury his answer to a Libell 334 dies his story 381 his Offices how disposed 383 Sprot confederate in Gowry's conspiracy his Examination and Execution 342 Sanquire a Scots Baron hanged for murther of Turner 380 Earl of Somerset his story 376 his Letter to the King 420 Earl of Suffolk Treasurer sentenced in Star-chamber 437 Spalato Bishop comes into England revolts again and dies 449 Earl of Shrewsbury dies 459 Synode of Dort 468 Of Synodes Diet and Councils their initiations 468 Spinola his Forces in Flanders 483 besieges Breda 579 T. TReasurer Mountague 490 Treasurer Suffolk 437 U.
Scotland Offensive and Defensive with Charls le Grand of France viz. Let this League indure for ever Let the Enemies of the One be so to the Other If the Saxon or English invade France the Scots shall send aid as the Numbers shall be desired and at the French Charge If the English invade the Scots the French are to send competent assistance and at the French Charge So that we may now say Never was League more faithfully observed or longer continued even till the Union of King Iames the sixth with England which begat that saying He that will Either win with the Other must begin But forthwith to ballance these Broils comes an Army from England of ten thousand Foot and five hundred Horse by Land and Shipping which King Edward of England lately come to the Crown and at ten years of age sent under the Conduct of his Uncle the Duke of Somerset his Protector Not without some resolve in these civil dissentions to vie Mastery for the pursute or pretence of Mariage And the third of September entring into the cold quarter brought them to the Scots Borders but with so much Civility as to send Summons to the Duke of Castle-herault who bore the best sway as the honestest Man amongst them He puts the Scots in mind That the blood of Neighbors Kindred and Christians are too pretious to be vainly spilt That he comes to prevent it and if he be put to it to use his force It refers onely to a firm Peace not for the present but perpetual if the Union of sacred bands of Marriage may confirm it which we desire now as ye have promised heretofore the advantages so equal that the even gain pleads alike for both Princes of fitting years of Compositions Mind and Body alike in Powers matchless by any One Island Speech and Manners To ballance these with hopes or likelyhood from Forein it were more safe to examine by Examples of Others than to make tryal by themselves For his part presuming to meet with many of his Mind amongst them he would endeavour to moderate such Articles formerly prescribed as might render the young Queen more content viz. To remain for some years of her Infancy at home to be bred up with her own people and with her own choice and Council of her Peers to consent to a Husband In the mean time not to be tempted with a Forein Match of the French or any other nor to be bred beyond Seas And with this Conclusion he will depart home with recompence for any hurt done already The Scots were a mighty Army for Men and neâ—r hand for all Ammunition They say themselves above thirty thousand after their Mutiny wherein thy lost eight hundred and thus priding up upon this offer of the English neglected to read these Letters in Council Lest indeed the equitable conditions should raise a Mutiny in the Multitude who were most for this Match until the French faction pretended that the English came to force their Queen away Upon this the Scots advance along the Shore and from an English Galley one Cannon shot took away at one blow five and twenty Scots which routed the Next Archers And Somerset set forward his Horse Troops that his Foot might gain the Hill who were soon forced back but as to recover their Courage their Harquebuse horse fall on with help of their Artillery and showres of Arrows that the Scots gave ground to be out of the reach of the Cannon whilst the English cry out they fly they fly which fear and not force increased to a total flight and their rancks quite disordered gave the Battail to the English with loss of Fourteen thousand Scots the Lords Lohemore and Fleming with almost all their Chiefs fell by the Sword Taken Prisoners fifteen hundred and amongst them Earl Huntley Lord Chancelour with the Lords Hester Hobs and Hamilton and many others at Musleburgh Septem 10. 1547. The English Master five miles about fortifie Keth and Amor two adjacent Islands take the Castles of Fas and Humes raised some Fortifications at Londere and Resburgh and so return The Scots thus worsted send to implore aid from France who send over ten thousand amongst whom say the German Authors came over three thousand Almans High-Dutch under Command of the Count Reingrave but in general under Government of Monsieur de Osse a man of some successful Renown and after landing join with eight thousand Scots neer Hadington and beleaguer it being lately fortified by the English where assembling Council in May they advise to send over the young Queen into France the immediate cause of those troubles And to fortifie themselves against furture assaults or pretences of the English they consult it best to betroth her to the Dolphine of France And for the present the English being overburdened with the Expence and continual war never to have hopes of an end make fair offers of a Truce for ten years in likelyhood therefore that one of the Princes might dy which would expiate for the former promises and conditions of Contract But this advise over-ruled by the French Faction and Romish Clergy with the offer of four thousand French Crowns yearly Revenue to the Duke Castle-herault it was resolved to fight it out and send away the Queen who was transported over round about Scotland by the West Sea and arrives upon Bretaign in France and so to Paris escaping the English Fleet that watched for her about Calice She being now but six years of age accompanyed with Iames her base Brother Io. Arskin and Will. Leviston The Siege of Hadington continues and as bravely defended when comes to their succour thirteen hundred Horse armed Cap-a-pe to assist to the Besieged under command of Sir Robert Bowes and Sir Thomas Palmer but in the way were all cut of by Ambuscade But the Earl of Shrewsâ—ury following with an Army of sixteen thousand amongst whom were four thousand Germans equal friends for like pay raised the siege most French who retreated very honourably and left the Town for the Earl to enter who relieves it and returns to Berwick Monsieur de Osse marches to Humes and Fas Castle Places taken by the English the year before surprizes the Centinels and takes the Castles But Humes was taken by this Device Order had been given by the Governour for the County to come in with provision by such a day whereof de Osse makes use loads his own Souldiers like Countreymen who were let in by a Portal cast down their provision and secretly armed fall upon the Guard let in more company and so surprize the Castle In August after comes the Earl of Rutland with three thousand Germans and other Forces of the Marches knowing the great difficulty for Hadington to hold out the County so extremly forraged of all Provisions for contribution without a standing Army to protect them Dismantling the Places of
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
supervivor to eight of her children thrice imprisoned for affecting mariages with Thomas Howard son to the Duke of Norfolk then for her sons match with Queen Mary and the last was for her younger son Charles with Elizabeth Candish daughter to the Countess of Shrewsbury and mother to the Lady Arabella She was Nobly intombed at Westminster an elaborate Sepulture and then left living King Iames the sixth and this Arabella who was thus neer to the Crowns And therefore imprisoned hereafter by King Iames for intermariage with Seymor the now Earl of Hartford but she died without issue and so without 〈◊〉 of future interest to these Kingdomes See anno 1616. Amongst other of Mortons plots and processes raysing the Revenues of the Crown one was for recovery of some lands which was given by the Queen to Mary Levingston whilst she was her maid of honour and now maried to Iohn Simple who made his best defence in his sute but fearing the Regents rigour had passionately avowed That if he lost his land the other should lose his life This and other discourse that he was countenanced by Lord Iohn Hamilton and his brother Lord Claud instigating also Adam Whiteford of Milton Nephew to Simple to kill the Regent in the street with an Harquebus Simple upon Torture confessed all and more also his cowardize not affording him courage to hold out Whiteford did better his constancie was not terrified with the wrack and therefore gave suspition that the others confession was extorted by the pain of punishment yet to make out the matter Simple was arraigned condemned and brought to the Scaffold but pardoned the like had the other and both of them the favour of the people to blame the Regent for his rigour whose main intention was thereby to invalue these Lords and their estates to his griping gain One Allester Dow Macallan a notorious thief was apprehended by Earl Athol who was prohibited by the council and charges directed against him for exhibition of the man the fellow being set at liberty by Arguile falls to his old profession and robd Athol who in revenge invades Arguile and so the countrey take uprore thereat until an Herauld discharges those convocations and cites them both before the Council but were reconciled Arguile goes on and arms against Claudonald seizes the Regents Messenger tears his Letters missive and swears him and his Train not to return to tell tales This insolencie fires the Regent to revenge and for the present did no more than proclaim him Rebel But these and other tumults shewed an Ecclipse of Ministerial Government and gave means to private mens discontents to open a way of complaint against the Regent Alexander Arskin attending on the King takes advantage of Arguile and Athols reconcilement plots with them to open their Causes to the King which they must countenance and did but so craftily as that the one Athols counsel was called upon the others complaint And advise to summon the Lords mostly enemies to the Regent to meet at Sterlin Mortons avarice and lust subjects him from his strength and Power that ruled all to become weak in Authority over any His enormities of several natures numberless which brought him sodainly to sinck Besides his fins the Hamiltons were his Enemies made so by his own malice upon that Noble Family as also upon the Earls Athol Montross and Arguile whose kinsmen he proclaimed Traytors for not appearing at his Call Arguile invites these Lords and others to accompany him to the King at Sterlin with remonstrance of such grievances as the State groaned under and were seconded by fit Instruments such as evermore reside at Court He is sent for by the King and Council but delaies time to make Friends their opinions various it was yet concluded as the safest way to piece Friendship with Arguile who refused unless he would also quit the Regency To this he demurs and retires from his Enemies power And this gave good occasion to the boisterous Praecisians whose pursute was after such prey as might innovate Authority which they hated because it was Regal though Mortons interest had been ever to preserve them the Arch-bishops only being lately commanded not to obey the Synods Decretalls against which they complain in the Pulpit and having there the liberty of the tongue for that time they tell all to the people and of more than he could be guilty The Earl of Angus was his Ally in blood and the chief of the Dowglasses who with Carmichel a Commander of War advise him to Arms But Morton rather submitted to a Parliament at Sterlin Thither he sends his Friends but withdrew himself and with them his Papers and Notes expostulatory of his good Services which were not liked because not Petitionary And thus they seemed to signify and first He craves leave of publique Iustice upon his Accusers If otherwise that his Majesty thought fit to oversee their disobedience to authority then to be pleased to disburthen him of his Office and not to suffer his Royall Name and Authority to be despised in the Person of his Servant for as he had oft times made offer to demit his Regency to his Majesty so now the more willing if a Substantial course might be assured for preservation of his Highness person the ordering of his Majesties Houshold and dispensing of the Revenues of the Crown And herewith he recommended the keeping of the peace contracted with England as a security to his Majesties Right and Title to Succession And so recounting his former Services from the Kings birth to this present His assistance at the Kings Coronation His and his Friends hazard at Lanside field the siege 〈◊〉 Brichen His legations undertaken into England the recovery of the Castle of Edenburgh the Pacification of the Realm all on fire a◠his first entrance the redeeming of Iewels and Plate of the Crown and restoring of the Royall Patrimony to some reasonable condition And in regard of all he craved no more than allowance of his expence and a discharge of his Intromissions by the Estates of Parliament These not sufficient to prevail and his friends having littl◠Power and his bad Cause to plead he was voted non-Regent And accordingly into the hands of Angus Claim Ruthen and Harris he delivers the Crown Scepter and other Regalities which were presented by them in a great Convention of Lords and Angus invests them on the King with the univocal acclamation of all He having not yet attained to the years of youth yet in this turbulent time took upon him the Scepter which was celebrated at Edenburgh and the affairs of State rendered to the King now at twelve years old but with assistance of twelve Noblemen three of them by turns alwaies about him and Morton of the number as to bring him to reason not to cast him quite off to ruin whose wit and experience was useful to the State which he soon imployed to master
their Church For his excellent wit and incomparable learning Born near the Highlands After his first commitment 1539. for his versifying against the Fryers he escaped to France Returning 1560. he professed Philosophy at Saint Andrews and became the Kings Tutor He is concluded by all moderate and faithful Recordes That he penned his Scotish History with eloquence and with such Judgement as that he is justly blamed by most men for joining with all factions of the time and evermore to justifie any base and scandalous proceeding against Queen Mary and falsly and fowly he endeavoured to depress the Royal authority of Princes siding with the Treasonable tenents of rebellious Subjects which afterwards he expressed with bitter unmanerly sauciness of his Soveraign Queen then deceased This is the joint opinion of some with whom we may be convinced to incline This next Summer the King got free from his Attenders for being in Faulkland he desired to visit his Uncle the Earl of March then at Saint Andrews where he took a view of the Castle and being entered the Captain of the Guard Colonel Stuart acquainted with the Design clapt to the Gates and shut out the Company and the next morning came the Kings friends the Earls of Arguile Marshall Montross and Rothess And of his former Jaylers none but the Earl Gowry was admitted by the Collonels means who had been his Servant and upon his humble submission for his Fact at Ruthen was received to mercy and all these Lords elected his Counsellors with Inhibition that none should presume to come to Court with more attendants than fifteen with an Earl or Bishop ten with a Lord or Abbot or Priour and six with a Baron And now declares in publique That however his Majesty did with patience perforce indure his restraint at Ruthen and all those former passages of Treasonable disloyalty yet willing to be an Example of Clemency to others he in favour pardoned all admonishing the Lords to do so too amongst themselves Yet their consciences accusing left not to convene in tumult and therefore for more security to the King they were confined to several Places by Proclamation which they disobeying were denounced Rebells except Angus who submitted and now was Iohn Metallan admitted Counsellor and hereafter became Chancelor of State These affaires took up the summer and at the fall of the leaf comes secretary Walsingham from Queen Elizabeth expostulating the Kings receiving of Arran and casting of his nobles who though thus mutenous as you have heard were yet justified by her to be defenders of his Crown The King told him He was not to be taught to rule in his own affaires being as free as his Princess and that his promise against Arran was made under his restraint but now being at liberty himself he doth him but the like justice Expecting his so much friendship from his Sister the Queen not to countenance his subjects in Rebellion The Ambassadour replyed that his Mistress medlâ—d not but for his good and complains that one Holt an English Iesuite and plotter in Throgmortons treason should be imprisoned by the King and yet permitted to escape by means of the French and not rather sent to the Queen he was answered that Archibald Dowglas guilty of his fathers murther and in England was not rendered to him as was desired Though in truth Holt got loose without leave And so the discourse ended in peace And in November Lodawick eldest sonn to the late Duke of Lenox from France at 14 years of age the King having sent for his Brethren before Investing him with his fathers honnors and lands and the Earl Montross to be his Trustee Some years after came over his sisters Henrieta married to the Earl of Huntley Mary to the Earl of Mar the third avowed her self a Virgin to the Cloister A younger sonne remained in France untill the King came into England where he was advanced to great honors Thus did a gracious King for a distressed family The former Declaration against the mutenous Lords could not deter them from conventions pretending the time too short which was limitted for their submission unto confinement And therefore in an Assembly of the Peers the King renews his offer of pardon to such as would confesse their foule act at Ruthen and submit to conforme themselves accordingly The Earl Rothess protests his subscription to that fact was forced upon him and repents to mercy from whose example the rest followed and the faction to fall asunder They had pardon and leave to depart some into Ireland others to France Amongst whom was Gowry who yet delayed his journey whilst he fell into new practises which brought him to his death No wonder to finde the Ministery much concerned in their Sermons to justifie one or other of these Revolters and the fact of Ruthen necessary and lawful Andrew Melvil affirming to the Council That the Presbytery only had power and authority to judge and censure the Pulpit and not the King nor his Council In primâ instantià to meddle therewith though they should be treasonable Telling the King to his face That he perverted the laws of God and man Upon which he was charged to enter his person in Blackness forthwith but he turn'd back fled to Barwick that night and alwaies after the Ministery complaining That the light of of the Countrey for learning and the only man to resist the enemies of Religion was exiled and compell'd for his life to quit the Kingdome And though the King descended to satisfie the people by Proclamation therein yet it caused a murmuring and encouraged Gowry to expect Mars and Glammins returne out of Ireland to joyne in Armes for Reformation of abuses in Church and State for preservation of the King and Kingdome The wonted old pretence of all Rebells Gowry to colour his intended treason from suspition comes to Dundee and there presseth a ship for his voyage But the King quickly advised sent Collonel Stewart Captain of the Guard to seize him who with others made some resistance but the Town concurring with the Captain he was taken and conveyed to Edenburgh under costody of Arran Within two daies after Angus and Mar surprise the Castle of Sterlin but hearing of the Kings march with formidable forces they fly into England Gowries confession under his hand sets down their practises thus That himself perceaving the Kings favour declining and his estate aimed at by power of his enemies he was forced to seek his own relief by concurring with other Nobles in the like Case by the means of James Erskin who travelled therein and assured me of their Return to Sterlin where we concluded That at home it was expected that all those who subscribed the bond in the first alteration would join with us and besides them the Earls Marshal and Bothwel the Lord Lindsey and others of the West From England we expected supply and that the Queen would intercede for restitution
Princes not being so ready in these days to embrace other mens Quarrels but where they are extraordinarily interessed in their own fortunes Wherefore I doubt not but it will be seen by men of judgment not transported with passion or led away with private respects that it should be every way the onely best course for your Sovereign by a good and kinde usage of Her Majesty and by shewing that Princely moderation as well in this grievous Accident of his Mothers death as his whole proceeding with this Realm which his Highness excellent Education seems to promise to seek to win the hearty good wills of this Nation as the chief and principal assurance he can in any sort obtain For to trust and depend either upon the French King or the K. of Spain as if by their assistance he might attain to the present possession of this Crown they being indeed the only two Potentates whom he must have recourse unto if he reject the amity of England whosoever shall so counsel your Sovereign as things now stand shall in the judgment of men of the best understanding be blamed either of fidelity or want of wisdom drawing his Majesty unto so untoward and desperate a course For it is no way safe for any Prince to repose his trust and strength upon their favour and assistance to whose desires and designs his greatness may yield any impeachment or hindrance so it were clearly against common reason to expect other support and assistance from them than might stand with their own commodities and pretensions in respect whereof neither of the two foresaid Kings can simply and roundly joyn with his Sovereign to his good First his Religion being odious to them both and likely to prove most prejudicial to the Catholick Cause he growing so great as he should be made by the union of the two Crowns the consideration whereof caused his Mothers affairs to stick a long time and made now in the end to leave him quite out of the reckoning ordaining the King of Spain her Heir if her Son became not Catholick Next it is meerly repugnant to the policy of France were it but in respect of the ancient claim which England maketh to that Crown to suffer the uniting of this Island under one Prince They have been content in former times when England had footing in France to serve themselves of your Nation therewith to annoy this Realm by the means of diverting or dividing the Forces thereof and so perhaps the Politicks of France can be content to wish at this day by your Sovereigns Quarrel or any such like to be eased of the burthen and miseries of the present War wherewith they are plagued by transporting the same into this Island But as this Realm hath good means to prevent the miâ—chief if it were intended so were your Sovereign to look when all were done but to be made an Instrument as his Predecessors have been of the effusion of much Scotish bloud for French Quarrels and the desolation of that Realm And as things stand presently in France it is not to be thought that you shall finde the King ready to hearken unto any Enterprise of this Land He being most desirous to live in peace both with his Neighbours abroad and with his Subjects at home but that he hath been forced full sore against his will by the practice of them of the House of Guise to countenance with his authority the Civil War raised in that Realm which maketh him what ever shew he hath to shadow out the contrary to hate them in his heart Neither would it be held sound counsel to be given him by any that depends upon his fortune to further the advancement of a King of Scots so nearly allied to that Family which he hath discovered and greatly feareth to level at his own Crown with any intention to depose him which by the greatness of a King of Scots they should be so much the sooner and better able to effect The King of Spain's assistance being now in War with this Realm were more likely to be obtained but far more dangerous to be used in respect of his most insatiable ambition deep practices and power accompanied in this case with a colour of Right wherein how far he would seek to prevail any opportunity or advantage being offered it may be justly doubted by the experience that sundry States have had which upon slender grounds of Title have been extorted and wrung from the true Inheritors and annexed to his own Kingdom as Navar Portugal and all that he possesseth in Italy hath been It is believed that the King of Spain considering his years and unsettled Estate every way would willingly incline to peace if it were offered with reasonable conditions and not over readily at this present imbarque himself in any new Enterprise But otherwise it is well known as he had fancied to Himself the Empire of all this part of Europe so he had an eye to this Realm ever since he was King in Right of his Wife The Conquest was intended under colour of Religion as it was discovered by some that were of his Privy Council at that time his pretension to be Heir of the House of Lancaster and since the late Queen of Scots Death the first Catholick Prince of the Bloud Royal of England as also the Donation of this Crown made to him by the Queen of Scots in her Letters with a promise to confirm it by Testament things blazed abroad by the Spanish Ambassadour at Paris ought to breed jealousies and suspitions in your Sovereigns head and give him true cause to think how he should be used at such an Assistants hand Auxiliary Forces have ever been reputed dangerous if they either in number or policy were superior to them that called them in The Assistance therefore of Spain and France being of this nature as your Sovereign hath need of neither so he shall do well to forbear them both and so shall it be well for his ease It may be some will pretend by change of his Religion your Sovereign shall better his condition in regard of these forein Princes besides a great party within this Realm that thereby shall be drawn wholly to depend upon his fortune but the poor distressed estate of Don Antonio being a Catholick Prince spoiled by a Catholick and receiving so little succour at Catholick Princes hands shall be a sufficient bar to all that can be said in that behalf As for the Catholick party in England in his Mothers life it was never so united as they drew all in one line much less will they be brought suddenly to rely upon him if he should alter his Religion as God defend which would be his utter discredit and overthrow both with the one and the other party neither having cause to repose confidence in him the Protestants because he had renounced the Religion wherein he was with great care brought up The Papists because they could not be
Demonstration of Discipline sought mischief upon the Bishops the chief Authours were Penry Udal Ministers Iob Throgmorton Knightley and Wigstone Laicks their Favourites drawn in to defend their Railings and were soundly fined in Star-chamber yet they privately held conventicles and had their Synods Classes and Presbyteries for this cause Thomas Cartwright the Father of the Disciplinarians Snape King Proudlow and Pain were questioned whom certain conspired to rescue and so great was the petulancy of these Patriarchs and their Disciples as would require a particular Volume to unfold See Hist. Q. Eliz. by Martin fol. 782. The King to keep things fair with England resolved to visit the Borders with some Forces to the West Marches whither the Lord Herries was fled but submitting and promising to conform to Protestancy he was dismissed and sent to his charge there again Whilest the King was in this Expedition the Lord Maxwell formerly having leave to travel into Spain and perceiving there the great preparations for an Armado of Ships to invade England returns home invited by some Scotish Catholicks against his promise without the Kings leave and lands in a part of Galloway in April where it was rumour'd that the Spanish Navy should land about the West of Scotland and so by Maxwels means and assistance they would joyn with the Borderers and enter England that way the most likely to prevail where numbers of loose Libertines and out-lodgers repaired to Maxwell of which the Lord Hâ—rries being in his Wardenship acquaints the King Maxwell is sent for to compeer but refuses and fortifies his Houses and other Holds levies Horse and Foot and expects to encounter with the King who came to Dunfres with so hasty marching that Maxwell was almost surprised in the House but gat away some hour before to Galloway whilest some resistance at the Town Port gave him that opportunity and leasure to escape And on the King goes summons Laugholme Treve and Carlavarock places of strength who surrender but the Castle of Lochmaben commanded by David Maxwell bids defiance to the Kings face and made it good against the Assault untill Ammunition and great Guns were sent for to the English Warden who forthwith committed them to a Guard of Souldiers and at the Approach and some Shot they yielded to parly with Sir William Stuart for the King and to render the Castle upon quarter of Life but the Captain refusing the Kings Summons was hanged the rest had pardon The King stays not but pursues Maxwell to Dunfres and sends Sir William Stuart to follow the chace and forced him to fly to Sea in a small Bark whom he follows in a Ship of the Town of Ayr overtakes him a fews Leagues off and forces him to yield who is brought to land and presented a Prisoner to the King this was held timely good service which so pufft up the young Knight with pride that some weeks after contesting with insolent words to the Earl Bothwell at Edenburgh he kill'd him outright The noise of the Spanish Navy gave fears of their setting forth in August and in prudence for the Scots also to arm not knowing whom to trust the King convenes his Nobles at Edenburgh for their advice For howbeit said he I have no occasion to distrust the Friendships and League with all Christian Princes and Estates yet the Case of England lodges so near upon us as in time may turn to be our own and we forced to share in their Troubles the Spanish intention is for England and seeing my Right in Succession to that Crown it were no wisdom for me to suffer another to possess it before and the Spaniard hath not usually been so kinde or consciencious to depart with any thing he lays hand upon though anothers Right they take Religion for a Pretext of their Invasion but it is the Kingdom they seek and we professing the same Faith with England are sure to fare accordingly as in their Success and the Prosecution of their Holy League will fall upon us also But I have ever thought mine own and the safety of Religion so conjoyned as they cannot separate nor do I desire to live and reign longer than I shall maintain the same I suspect what many may counsel that this occasion fits Revenge for my Mothers Death but however I am not over credulous as to be confident of Queen Elizabeths excuses concerning here ignorance therein nor will I be so unwise as to accept the assistance of one mightier than my self to fight my cause lest he become Master of us all Thus you see my minde and my Reasons give me your advice and assistance what we shall do The Chancellour seconded the Kings opinion by many historical Examples and discreet politick Arguments yet since the Queen had not desired any aid from your Majesty it would not be amiss to secure your own Territories by not suffering the Spaniard to land in your Dominions that a general Muster may be taken and some Noblemen named to whom the People might resort for Command that Watches be set upon the Sea-coasts and Beacons erected to allarm the Countrey and that the King and Council would reside at Edenburgh for Command and Authority over all Bothwell urged other Arguments of Revenge and to invade England from whom in this exigent said he we shall be sure to force good conditions and as for himself he had already raised Forces at his own charge for the publick service as an Example for others to do the same expecting that his opinion would prevail for Invasion But the King commanded him to guard the Coast according to his Office Admiral of Scotland and so he seemed to be satisfied To instance the dangerous Treacheries amongst some of the Scots against their own Nation in reference to the Spanish pretentions appears first in the Design of Colonel â—Semple who had about six years before betrayed the Town of Lire to the Spaniard and from that time remained in Flanders with the Prince of Parma arrives now at Lieth pretending a frivolous Commission from Parma to the King which seemed of so small importance as that it was apprehended rather a false colour of practice with some evil disposed persons Sir I. Carmichel Capt. of the K. Guard is therefore commanded to have an eye upon his Actions till the King returned being now journeying to Falkland Carmichel does so and having intelligence of a Pinnace newly arrived in the Frith and a Passenger already landed went hastily and surprizes Semple reading of the Dispatch seizes him and them the Colonel offers of himself to attend the Council but by the way was rescued by the Earl Huntley who undertakes himself to compeer with him The Chancellour hears of this being then at Church the general time of Humiliation and with a throng of people following him made after Huntley but the King happily returning met them before and brought them all to Edenburgh The Chanc. informs
the K. whom Huntley opposes with a weak Defence for himself whilest the Colonel escapes away and never more seen The King had a gracious inclination to Huntley having very lately married him to a gallant Lady of kin to the King but dismissed him the Court untill the Spanish Navy was dissipated and the general joy of that Defeat made all Friends at home Queen Elizabeth much pleased with the Kings fore-sight and with Maxwell's Commitment and Huntley's Banishment with other the like prudential Providences of the King sends Sir Robert Sidney in August to congratulate his wisdom herein and to conclude mutual assistance in case the Spaniard should land on either Kingdoms and discoursing of Spains ambition to seize on England Sidney said Your Majesty may be assured of the like kindness at his hand if he prevailed The King merrily answered That he expected the same which Polyphemus promised to Ulysses to devour him after his fellows and so with great curtesie dismissed him upon whose return home another Messenger was sent with News of the Navies overthrow But not to sit down with the contrary of Caesar's Motto who no sooner came but he overcame this Fleet no sooner seen but was sunk in the Sea the wonder of the worlds apprehension so invincible an Armado must needs demonstrate to these Nations Gods gratious and powerfull arm in the overthrow and though the main intent was against England whose Prayers and Pens have often given the glory to their Redeemer yet because some spoils of that wreck were cast on the Scots coasts we may not refer the Reader without the Book to others relation This Discourse I finde imprinted anno 1688. suddenly set out by the Queen to rejoyce her Subjects with each particular and published after by other Nations in French High Dutch and Hollands The Introduction invites the Reader to a religious consideration of the promise and power of God to defend his Church and People by Examples Lamech trusting to his sons inventions Iubal and Tubal-Cain boasteth unto his Wives that he would not take the least injury but he would slay a strong man in his wound and a young man in his hurt Nimrod in the second Age hunting men like wilde beasts erected a Tower to reach to Heaven in pride and contempt of God Nabuchadnezzar Nicanor and others the like It hath been frequent for the wicked to encourage themselves and discourage the good the one mighty in number the last but few and weak to that end tended the railing Rabshake the blasphemous Ambassadour of the wicked Sennacherib Make war saith he to Eliakim with my Master the King of Assyria and I will deliver to thee two thousand Horse Have any of the Gods of the Nations delivered their Land from the King of Assyria Where are the gods of Hamath and Arphad those of Sâ—pharvaim and Ivah that the Lord should deliver Ierusalem out of my hand Truly the Italian Lamech and Spanish Nimrod the Pope and Spain the one by his Priestly practices Bulls Excommunications Interdictions the other by his several politick assaults heretofore not prevailing now his Babels Towers vast and high built Bulks Gallions Galliasses appear to amaze the World and frighten Heaven it self so that it may be urged in opposition to all as by the sequel was said of Iehosaphat We had no strength to resist so great a multitude coming against us neither knew we what to do but our eys were fixed on thee our Lord. The first Squadron was of Gallions of Portugal wherein were ten Gallions and Zabres amounting unto and imbarqued in them 7737 Tuns 3330 Souldiers 1230 Mariners 350 Guns The Army of Biscay ten great Ships and four Pinnaces 6567 Tuns 2037 Souldiers 868 Mariners 260 Cannon The Army of Castile fourteen Gallions and two Pinnaces 8714 Tuns 2458 Souldiers 1759 Mariners 348 Guns The Army of Andelusia eleven Ships 8762 Tuns 2400 Souldiers 800 Mariners 260 Guns The Army of Guipeuzie fourteen Ships 6991 Tuns 2092 Souldiers 670 Mariners 250 Guns The Army of the East ten Ships 7705 Tuns 2880 Souldiers 807 Mariners 310 Guns The Army of Hulks 7450 Tuns 2804 Souldiers 640 Mariners 315 Guns The Pitaches and Zabres of Don Mendoza three twenty Hulks 10271 Tuns 3221 Souldiers 788 Mariners 410 Guns The Squadron of Zaregosse two and twenty Pataches 1131 Tuns 479 Souldiers 574 Mariners 193 Guns The Galliasses of Naples four 873 Souldiers 468 Mariners 1200 Slaves 200 Guns The four Gallies 400 Souldiers 400 Slaves 20 Guns Summa Totalis 130 Ships 20 Caravels 10 Saluces with Oars for publick Service 57868 Tuns 19295 Souldiers 8450 Mariners 2088 Slaves 2630 Guns The chief Officers were The Duke of Medina Sidonia Captain General Iuan Martines de Ricalde Admiral Diego Flores General of the Army of the Gallions of Castile Don Piedro de Valdes General of the Army of Andalusia Michael de Oquendo General of the Army of Givopesque Martin Bretandona General of the Ships of the Levantines Gomer de Mendoza Commander of the Hulks Antonio Hurtado Commander of the Pitaches and Zabres Diego de Medrano Chief of the Gallies The numbers of thousands of Quintals of Biscuit Pipes of Wine Flesh and Fish Rice Beans and Pease Oyl Vineger the Carriages of War and all manner of Provisions for Land-service would amaze the Readeâ— and weary the Accountant which was truly summed up and imprinted at Lisbone before the Fleet set out being the 30th of May 1588. And afterwards there followed out of Lisbon towards the end of Iune a supply of an Army of eighty Sail of Ships to joyn with the Armada Their design was to join with the Prince of Parma who was to meet them in the Narrow Seas and so to invade England together but whether he was kept in by the Hollands fleet who assisted the English or was not ready or bribed he came not forth at all The English had Pinnaces of intelligence that of long time before expected the Armado who were detained by cross winds The English Fleet anchored at Plymouth and having sight of the Enemy waited on them a loof playing upon such as scattered or lagged hinmost amongst whom was the Gallion of Don Pedro de Valdes taken in fight and sent to Plymouth Another of Don Olenquo which took fire but he was saved and sent Prisoner The Galliass of Naples sunck in the sands of Callis In which Road the Armado anchored attending for Parma but by a Stratagem of eight old Ships fitted with all manner of combustable matteâ— the Ordinance charged with Bullets Stones Iron and Chains and fired at a reasonable distance the wind and tide serving they were carried in a flame upon the midst of the Enemies Fleet at which time the trains taking fire it falling out to be night and so unexpected that not able to weigh Anchors they cut Cables and in monstrous confusion sayled they knew not whether without Order or Command made to Sea till the morning light
annointing was as justifiable as their Crowning with other ceremonies of Sword and Scepter But rather than a Bishop should profane the office and that one of themselvs be the first Minister Presbyter that ever sanctified that ceremony they were content that Bruce should do it on Sunday following at Edenburgh 2 daies after she made her triumphant entry through the Town with Feasts and Banquets Masks and shews for two moneths together These popish proceedings in Scotland makes Queen Elizabeth more serious at home both Kingdomes involved in the like danger which to prevent she falls upon such as gave most suspition and having restrained Philip Howard Earl of Arundell for three years in the Tower to keep him out of the way of doing mischief she now conceives it more safe to take him quite away from further danger He is arraigned therefore at Westminster The Earl of Darby High Steward for the day His accusations were such of which usually the greater Catholiques are guilty and being confirmed by Cardinal Allan before his banishment Parsons and other Jesuits with whom he kept correspondence viz. for reducing Papistry here proved by his Letters and the confessions of several Traytors lately executed Savage Throgmorton Babington Gerrard and Shelles But the Bull of Sixtus Quintus deposing the Queen and so the Legacy of these Realms bequeathed to the Spaniard together with his devotions prayers and Masses for successe of the Armado the last year 88. was the Choak-Pear which could not be relished His tender years thirty three not able to defend innocency in opposition to those excellent Pleaders Popham Egerton Scutleworth men of admiral abilities in the law made him submit to their arguments with some palliation and excuse not sufficient to save him from sentence of guilt which he received with submission saying Fiat Voluntas Dei His request was easâ—e to see his Wife and young Son born since his imprisonment whom he left to the Queens favour which was effected to the Fatheâ— also with pardon of his life though she kept him up from doing harm The loss of the Spanish Fleet and credit last year incourages two gallant Undertakers Sir Iohn Norris and Sir Francis Drake with the convenient assistance of the Queens men of War to an expedition into Portugall with eleven thousand Souldiers and fifteen hundred Mariners It was not amiss to take up the Claim and to take in the person of Don Antonio base born Prior of Craâ—o to the Kingdom of Portugall upon his vain expectation of that nations revolt from Spanish thraldom and assistance of the King of Morocco all which failed They land at the Groyne take and drown it burn the villages thereabout with slaughter of the Spanish forces three miles chace and imbarque again for Portugal where they land and march sixty miles to Lisbone over against the sacred Promontory St. Vincent where they feign there are certain Mares at a set time conceive by the Wind and bring forth Foals who live but three years several Authors say so The Suburbs of this City abandoned they enter and intrench whilst Drake undertakes to pass up the River to the City but he failing upon the shallowness of the Water and danger of the Castles no Natives comming in to their design and the Calanture infecting their Fleet they return with honour upon the enemy but loss of six thousand men by sickness to which the Northern people are subject and by contraries the Southern are rather confirmed in the North. Inward heat being remitted or intended by outward air as by sad experience of Iohn of Gaunt Duke of Lancaster in R. 2. and the Marquess Dorset 1512. and this now We call it the Earl of Essex Expedition who indeed ambitious of common Fame put himself to sea and got aboard the Fleet conceiting that their respect to his birth and quality would receive him their chief but was mistaken in that honour though he carried all the commendations with the comman man as titles get advantage from the merit of others more deserving though I know this comment upon that Lord gains little credit in these our daies With this honour of assisting the distressed Portugall the Q. assumed an interest in others her Allies to ballance her common Enemy the Spaniard and his Catholique cause as it fell out forthwith in France and Navaâ— For the French King Henry the third not likely of issue that Kingdom was to descend to the King of Navar and afterwards to the Prince of Conde both Protestants whereupon the Catholique Peers of France combine a Holy League Not to permit a Reformed Professour to reign no though he renounce it lâ—st he rechange his Religion with his State This design was to exclude Navar and Conde The fortunate Successes of the Duke of Guise the chief of this Villany magnifies him above the King who in jealousie of surprize by the multitude retires from Paris to Bloys where his necessity forces him to consent to the Holy League and ruine of the Religion and Guise to be Generallissimo and all this under Seal and receipt of the Sacrament But repenting of what he had done caused Guise in the Presence Chamber to be run thorow his Brother Cardinal to be strangled and his Son Cardinal Bourbon and others of the League to be committed Hence followed a various Rebellion the people at liberty to do what they list and several Cities affecting several Governments Democracy Aristocracy Oligarchy few or none Monarchy The Leaguers get possessession of the Crown Revenues a new Seal share the strong Holds are joyn'd with some Parliaments and all the Cleagie who cause one of their Monks Iaques Clement to murther the King The first Murther and first occasion of that damnable Docctrine of the Iesuits to murther Kings which the Pope Pius Quintus stiles Rarum inâ—â—gne memorabile non sine Dei particulari providentiâ Spiritus Saâ—cti suggestione designatum longè majus esse quam illud sanctae Judith quâ— Holoâ—ernam è medio suâ—â—uliâ— The Iesuit Francis Verona Constantinus in his Apologie for Iohn Casteelin c. Câ—m eâ— tempore c. that King being become intolerable it was not lawfull de jure or de faâ—to â—o condemn this Act of Clement by reason of King Henries tyranny in Church and State for his horrid Murders at Bloys oppression of Catholicks and favour to Hereticks and so became a private man subject to the Civil and Canon Law Besides says he this act was lawfull being committed upon him from whom all obedience and alleageance of his Subjects were taken away by the Pope Platina another Historian makes it the common opinion Eâ—m Clement à nemine ad hoc factum subordinatum â—ed à â—eipso poâ—tquam duabus aut tribus mensibus in hoc animi conceptu perseverâ—verat ad hoc arduum opus permotum esse instigatum post jejunia longa post orationes ad Deum
also That Angus and Arroll assured him that the King of Spain would send thirty thousand men into Scotland part of this Army to force Toleration of their Romistry here and the other part to be convayed by them into England for the same design and this Army to land in Kirkud-bright in Galloway or in the mouth of Cluydo River These manifest plots of Papists drew the consideration necessary for the whole Nation and meetings of the Ministery and all men to propose their advice and aid to pursue the Rebells already risen and to raise a Guard of three hundred Horse constant with the King and the Conspirators to be called to Justice and the first example fell upon Graham of Fintre and executed in February And in this hurry Angus escapes out of Prison and flies to the North unto Huntley and Arroll But the King in great perplexity of Murthers rapine and slaughters publick and private upon their submission are received to mercy favour and preferment all means used to bring peace to these miserable people The French King in great distress and overwhelmed in his affairs craves more aid out of England and is assisted again with four thousand men more and ordinance But not to make peace with the Leaguers until the Spanish forces were driven out of France So necessary it was for England by these means to stop their career and to keep off revenge from home These Forces intrusted with General Norris land in Bretaign but find no French and so being hurried up and down Normandy Lamain and elsewhere the Spaniard increase number in Bretaign Norris returns home and the French King in distress upon some fear of his fewds and hopes of advantage turns Papist Whilest the Duke of Parma also prepared fresh forces to assault Picardy but being in readiness he fights a private combate with Death and is overcome after fourteen years Government in Flanders a man of excellent honour and virtue as Queen Elizabeth always acknowledged who to amaze and busie the Spaniard and to divert him from hence sends several Expeditions by Sea into his Territories of America with singular succession And to prevent his practices in Scotland of as great concernments to both Nations she keeps watchfull correspondence with King Iames who indeed wary of the Papists encroachments at home began to exercise his Regal power over his Nobility and other seditious Subjects having scattered the last Rebells into their Holds and Bothwel into England These Insurrections thus far happily suppressed contrary to the imagination of the English policies Queen Elizabeth to colour suspition sends the Lord Burrough to congratulate the discoveries and the succeâ—s offering her aid to bring the Malignants to Trial and wished him if he could not apprehend their persons to confiscate their Estates and seeing his case concerned all Princes of the Religion she desired his resolution therein for her to satisfie all others her Confederates against Spain The King gives her thanks and that he was assured Bowes her Ambassadour had certified her of all proceedings in particular as aforesaid wherein he had begun and was fully resolved to prosecute the guilty but advised with her how dangerous it might be for him to have such potent Rebells without her help to hunt such fugitives their Design being more dangerous to assist the Spaniards attempts upon England than either upon France or Holland to whom she had liberally already afforded supply with men and moneys and therefore what he desired on his particular his own Ambassadour should declare The next Audience furnished the Ambassadour with Arguments from his Mistris to advise the King to wise and well-affected Counsellours help to disarm and suppress such Rebells and withall intimating the Queens punishment upon those that harboured Bothwel in England and so by circumstances to draw out of the King what resolution he intended towards him in so troublesom time and if it were for his Majesties quiet to receive him upon submission The King seeming not to countenance Bothwel nor believing the Queens resentment of his Receivers said That if his Mistris meant honourably to her self or him she would rather deliver him to justice according to their League than to support him in her Dominion whose Crimes were unpardonable and her further favours to him would induce a necessity for the King to joyn with her Enemies for his own safety And so Burroughs returned and Bowes remained In an Assembly of the Church in April the King resolving to give them Items sends them Articles That hâ— would not suffer diminution of the Privileges of his Crown nor Assemblies without his order That an Act pass to inhidit Ministers to declame in the Pulpit against the King and his Council That some of every Presbytery should inform his Majesty of the Papists practices and Bothwels receivers That some of theirs should cause the Magistrates of Burghs at Sea-ports to examine Passengers and Plotters against the Reâ—ligion To the first they would follow former Acts. The scond they prohibit without just and necessary causes which the King esteeming no restraint was as causless to answer theirs against Papists his necessities enforcing civilities to the Papists to ballance with the rigid Reformers But the Mundays Market stuck in their stomacks against which their Act passed to alter for Tuesday their Reason was religious to prevent the Trades-men violating the Sabbaths Evening with too much care and travail against the next Morning The Shoomakers whom it most concern'd gathering tumult menaced the Ministers if they urged their consents to drive them out of Edenburgh which begat that saying Rascals and Sowters obtain from the Ministers what the King could not do in matters more reasonable The King sends Melvil to satisfie Queen Elizabeth of the affairs of Scotland and to desire aid of money for levying six hundred Souldiers for some Moneths and to renew the former complaint against Bothwels entertainment in England whilest he steals into Scotland and surprizes the King The Chancellour as you have heard retired from Court upon displeasure of Queen Ann requests the King by Letter that seeing his service was useless and his solitary life irksom he craves leave to depart out of the Kingdom untill his Majesties pleasure command his return The King being earnest with the Queen upon his resign of Muskleburgh which she clamed and his coming to Court resolved Lenox Athol and Ochiltry plot to prevent him and bring in Bothwel under disguise of attending the the Lady Athol by the Postern-gate with another his Companion armed into the very Bed-chamber The King at â—ight of them cried out Treason Treason Strike Traitor strike said he make an end of thy Villany I desire to die He answered with Oaths that he came for mercy And the King replied that Mercy extorted was Insolency and not the form of Suppliants and suddenly rushed in the Earl Mar with numbers of that Faction having possession of the Court
do and act such and so many particulars in terms and words with such exact particular powers over the rent Gatherers profits and duties of Caves Customs Fishings take them as they are in this order Cole-houses Parks Steadings Fole Coults Orchards of Apples other Fruits Conies Capons Geese Good God what not Then to enterlace these you have the other particulars Money Plate Jewels Mines of Gold Silver Lead Tin Certainly the West-Indie Fleets comes short of such wealth But so the Scots use to accompt of their own And to countenance their pains and care He promiseth verbo Principis not to adjoyn any more and if any did the survivours to give their consent for admition They had authority to revoke disclaim to direct letters of Horning or Outlary Pounding or Caption suertyes and many such like c. These Lords make faith c. to respect his Majesties weal and advance of Revenew without affection or fraud Provided not to be liable to Action for the King seeing they did all without fee. And proclamed at the Market Crosseat Edenburgh Iannuary 1595. The Courtiers were blanck for such must be their reward But they complain as an injury to the Kings honour having little to himself and lesse for the meritt of any Man And to give them more Cause of Complaint They begin to dispose of Places ere they fall â—o the ground David Magill Advocate he is too old and dotes and must admit of one of them till of grief he dies The Master of Glammis somewhat in Arears of his accompts and his deputy Sir Robert Melvil the same must resign their Treasury to the Prior of Blantiere ere they obtain their quieti sunt Richard Cockhorn secretary exchanges it to Lindsey for Privy Seal The collectary Linchclowden given to Elphinston And their President they would Create Chancelor Soft Sirs The King would not These and many more made them Clamored by the Countrey Somewhat they deserved amisse But the fate of favomites and men of Trust they bore the blame of all The Jesuite much troubled to see the State likely to settle into security by the severe proceedings against Papists Whole families Grahams Fentres and others the Lords banished the fewds dissipated and the Ministry in some measure of mildnesse They counsell how to involve both Nations into some design together And to set up A strang medley of Pretenders by protext of several Claims besides the Kings right to the Crown of England For they found by the sad affects to them the birth of the â—rince and likely hood of a numerous issue if Queen Elizabeth failed and the King also it were the same to their successors They devised double wayes Title and Poyson the first was by Title forsooth of the Earl of Essex in England Though no Catholick yet his Ambitious and vain popularity they conceived might quallifie his temper towards Religion being of himself doubtfull in opinion and so his Clemencie would incline to Tolleration if not profession of Catholick They drew his descent from Thomas of Woodstock sonne to Edwarw the 3 And so to be promoted to the people they dedicate a Book to him stiled Dolmans a preist some say written by the Jesuite Persons Cardinall Allâ—â— and Iuglefield discourse of legallity and pollicie inchanging hereditary succession 〈◊〉 England by a new devised way of Election only of â— Roâ—â—â—â— Câ—â—tholick Ravelling into the History of most English Kings 〈◊〉 be either not Legitimate or rightly uncapable The other Title was of the inâ—ant of Spain And therein they use their catholick doctrine to make up with monstrous Lies and many 1. From Constance daughter to the Conquerour married to â—â—â—gat 〈◊〉 of Britagâ—e though all our Chronicles agree that she died without issue 2. From Eliâ—or daughter to Henry the 2 married to Alphonsus of Castile 3. And descends from Blanch his daughter 4. From Beatrice daughter of Henry 3 of England 5. From the Portugall family of Iohn of Gaunt Duke of Lancaster Thus much Persons did then And after the Queens death he excuseth it to the King as taking no effect These were devised in case the King should have no issue then in being Whilst the Jesuite Spaniard practiseth by poyson to hasten the Queens death and no lesse than three in the plot Roderick Lopez of the Jewish sectary Physition to her household and of honest repute till infected by Andrada a Portugall and don de Moro a Counceler of Spain with a rich Jewell in hand and fifty thousand Crowns more to impoyson her and this was certified unto Fueâ—tes and Ibarra secretaries to that King in Flanders by Stephen Ferreira who writ Lopez his letters to them they returned Emanuell Lowise unto Lopez to hasten the plot These circumstances they confessed and were hanged The reason so many Portugalls in a knot shews the time of freedome here for them under some pretence of don Antonio their pretended Prince banisht thence and protected here There followed them to the Gallows Cullen and Irish fencer and York and Williams hired also by Ibarra to kill the Queen Of which she complains to Earnest Arch Duke of Austria Governour in Flanders under the Spaniard that Ibarraâ—is â—is servant hatcht these treacheries to the Kings dishonour if not by him punished and to have the English and chief complotters Owen Throgmorton Holcot a Iesuite Gefferd and Worthington divines delivered up to her We had of his here in England a fugitive his late secretary Don Antonio perez for some mischief he set on foot in Aragon got away to save his head And to the French King first he revealed all his Masters secrets who finding him of a pregnant witâ— and malitious sends him to his Lieger in England to work into some faction or design against Spain And here he was without pention or protection of the Queen for she nor Burgly the Treasurer would not vouchsafe to see him nor did any other give him countenance unlesse the Earl of Essex he did to his cost and used him as an Oracle of Spanish politie sildome from his sight but when it was supplyed with interchange of letters in latine which Essex understood and delighted in his phraze and yet was not glutted with threescore of them whilst he resided here They are extant eztituled Antonii Perâ—â—ii Episâ—olâ— ad Com. Essexiam Magnatem Angliae They discipher him a buysie intermedler fit fuell for the Earls spirit The French King turned papist as we said thereby winning the affections of his people weakned the faction of the Leagues who also came in to the King and so never left till the Spaniard had took leave of them all Onely those in Bretaign called thither by the Duke of Mercoeur strenghten the Sea Coasts and resolve to stay till by the valour of Norris by land and Martin Forbisher by Sea who though wounded with a shot there returnd victor and died at Plimouth And Norris called home to look after Rebellion
That witches can cure or cast on diseases the same reason that proves their power by the Divel of diseases in general their power in special is also proved as weakning the nature of some men towards women In others to abound above nature and so of particular sicknesses But in all he observes the different ends of God in the first cause and the Divel as his instrument in the second cause as Gods Hangman For where the divels intention is to perish in the patient soul or Body or both God by the contrary draws evermore out of that evil glory to himself either by destruction of the wicked or tryal of the patient and amendment of the faithfull being awakened by that rod of correction But who likes to be too curious of all their Practises read but Bodinus Daemonomancie collected with greater diligence than Judgment And further if you would be acquaiuted with the opinions of the Ancients concerning their power It is well described by Hyperius and Hemmingius two Germain Authors Besides many other Neoterick Theologues largely setting down that subject And if curious and inquisitive of the rites of this unnecessary Perilous black-art the Divel may too soon direct any unto Cornelius Agrippa and Wierus afore mentioned I know how it hath been of late urged that King Iames was not of the same mind alwaies and very tender of his Judges â—roceedings ignorantly condemning some innocent Melancholly simple old women whose miserable poverties made them weary of life and easily to confess themselves guilty of they knew not what though in sad condition otherwise liable to Satans suggestions and deceipt And so busied himself with curious perspicuity into tryal examination and discovery of sundry counterfeits pretenders to be possessed by evill spirits But yet to my knowledg he was ever constant to his former opinion of witches and witchcraft in particulars I can evidence The King thus busied to quiet the North Countries some Incursions were made on the Marches of each Nation the out-lodgers of Tindale Riddesdale for the English made in rodes upon the Scots County of Liddesdale The Laird Backlugh commander of those parts does the like into England and apprehending the chief mischief-makers 36 puts them all to the sword and returns with great spoil Against him is Sir William Bowes sent from the Queen to complain and with much adoe reconciled And for the future peace of the Borders the time was assigned for Hostages to be delivered on each side to either But Backlugh fayling to perform his part was feign to satisfie the Queens displeasure by entering himself into England as Hostage where he continued some Moâ—â—ths Queen Elizabeth evermore upon actions of diversion never upon conquest to assist her neighbours French and Netherlands prepares another Navy against Spain of 120 sail under command of Essex and Lord Thomas Howard and Sir Walter Ralegh in three sqadrons they set out of Plymouth but are weather beaten back and put forth again but become distressed ere they get cleer of land and so return And after fresh supply of men and victual they resolve for the Islands of Azores In the voyage by the way cross winds seperate Ralegh who being missed when the others came there Essex overhastily sent intelligence by a Bark into England that Ralegh had on purpose seperated himself from the fleet But he hastily coming in unto them that rash act of complaint was excused by Essex which Ralegh resented ever after And he landing on the Isle of Fiall before Essex came thither takes the Town which being misunderstood as in dispite of Authority they are peiced again They land upon Gratiosa and Flores take the spoil and depaâ—â— unto other Ilands to seek the Spanish India fleet which was then to come home And no sooner departed but within two houres after the whole fleet of 40 sail full of treasure arrives there and meets with some of the English ships But ere Essex came in they were shrowded under the safety and shot of their own Castles Yet Essex lands farther off and takes Villa Franka burns a great Carocque ship But not much done in answer to Essex his ranting intentions they return in some distress by the way home And being come to Court the Repetition of their several incounters moved contention between Essex and Ralegh casting all misfortunes on each other Besides Essex now blown up with ambition was offended that Sir Robert Cacil in his absence was made Secretary of State and Chancellor of the Dutchie of Lancaster emulous of his wisdom and besides he was then Raleghs great friend But more malitious That the Lord Howard Admiral of England was created Earl of Nottingham with some Testimonialls mentioned in his Patent That he had secured England from the Spanish invasion of 88 and that joyntly â—ith Essex he had valiantly taken the Iland and City of Cadiz and that he had there wholly destroyed the Spanish fleet designed for their assault of the Kingdom of England but Essex would have it fancied he did all himself For he that usually ascribed all the glory to himself could indure no Rivalls especially that Nottingham now Earl took place of him and all others of the same degree as being Admiral according to the Statute of Henry the 8. That the high Chamberlain high Constable Marshal Admiral high Steward and Chamberlain should have preheminâ—nce of all others of the same degree of Honor. But to please Essex He is therefore made Marshal of England and so his pride took place of the Admiral This I note in particular to shew by what steps and degrees of distast He took occasion to turn Traytor not long after See Anno 1600 and so we return to Scotland The winter quarter brought the Estates to Edenburgh and the King timely holds a Parliament in some respects for restoring the Popish Lords now called Proselytes to their honors and lands And the Commissioners for the Ministery are suiters for sundry Articles Amongst them this was one That the Ministers representing the Church and third estate of the Kingdom might be admitted voice in Parliament according to several acts here to foâ—â— in favour of the Church and the libertie and freedom The King was earnest therein to please them and had it past But then obtained the manner as for himself thus That such Pastors and Ministers as his Majesty should please to provide to the Place and Dignity of a Bishop Abbot or other Prelate at any time shall have voice in Parliament as freely as any other Ecclesiastical Prelate had at any time by-past And that all Bishopricks then in his Majesties hands and undisponed to any person or which should happen to fall void hereafter should be only disponed to actua Preachers and Ministers in the Church or to such other persons as should be found apt and qualified to use and exercise the Office of a Preacher or Minister and who in their provisions to the said
had a father whose blood calls for revenge you shall die minting to the K. heart with the dagger The King amazed deals gently with his fury excuses himself from the guilt of his death by his then Infancie advising him not to lay violent hands on the sacred person of his Annoynted Soveraign especially in a cause of his innocencie pleading the lawes of God and Man and his merits by restoring your brother in blood and honors by breeding your Sister the neerest in the Queens affection and by his reception of his Bedchamber withall promising pardon of all that is past And which wrought so much upon Alexander for the present that he leaves the King in custody of Henderson until he returns from his brother having taken oath of the King not to stir nor cry out and so locks them in Alexander gone Henderson trembles with reverence of his Soveraign and craves pardon the King works upon his passion and asks him what he was who answered a servant of the Earls and wilt thou kill me he replyed with an oath himself would sooner die Presently Alexander enters with a Garter in his hand and saies Sir there is no remedy by God you must dye and strives to bind him Nay saies the King I was born free and will not be bound and struggling together Alexander got the Kings head under his arm and his hand upon his mouth which the King bit by the thumb and dragging him to the window bade Henderson open it The King cried out into a back Court where the Duke the Earl of Mar and others were in pursute of him who was rumoured to be gone out the back way into the Park At the cry of Treason and known to be the King they hastened to the Chamber where he dined but no entrance was found The while Iohn Ramsey formerly the Kings Page and now Groom of the Bed-chamber with Sir Thomas Erskin also sought counter to get up by the Turn-Pike back-stairs directed thither by a Boy of the House who saw Alexander ascend that way and forcing one Door findes them panting Ramsey casts off his Hawk from his fist draws out his Fauchion and wounds him deadly in the belly being bid to strike low for the King found him armed with a Male. And the instant comes in Sir Thomas Erskin Doctor Herres and one Wilson and by them was the body dispatcht whilest Henderson slipt away When they soon suspected by the noise of unlocking Doors that Gowry himself might assail them advising the King to withdraw into the Lobby they cast the Kings Coat upon the dead body The Earl enters by his double Keys with seven servants the fore-way and his Case of Rapiers his usual Weapon ready drawn to whom Erskin earnestly said to divert him from his purpose What do you mean my Lord The King is killed and points to his brothers covered body bleeding on the ground At which Gowry stops sinking the points of his weapons when suddenly Herres assails him with his rusty sword Ramsey steps in and strikes him to the heart not so soon but that the Earl thrust him into the thigh assisted by Cranston who hurt Erskin and Herres in the hand and they him through his body who lived onely long enough to be hanged and quartered And forthwith came up all the Lords the Court and Townsmen After thanks to God for this mercy they surveyed Gowries body which did not bleed untill a Parchment was taken out of his bosom with Characters and these Letters which put together made TETRAGRAMMATON having been told His Bloud should not spill whilest he had that Spell Being thus deceived by the Devil he thought he should not die untill he had power and rule which he had of the King and so suffered by the Sword There remained in Scotland one younger son two other brothers being fled of that House then a childe and was from that time imprisoned by Act of Parliament and so continued afterwards in the Tower of London untill this Kings death and the grace of the late King Charls restored him to liberty with a small Pension which kept him like a Gentleman to these times but now failing he walks the streets poor but well experienced in Chymical Physick and in other parts of Learning which he got whilest he lost his liberty Not long after Herres well rewarded dies Ramsey hath the honour of Knighthood with additional bearing of his Coat of Arms A Hand holding forth a Dagger mounted proper peircing a bloudy Heart the point crowned Emperial with this Motto Haec dextra vindex Principis Patriae Not without increase of Wealth and Honour to his Death Sir Thomas Erskin afterwards created Earl of Kelly and by degrees Knight of the Gartâ—r Captain of the Kings Guard and Groom of the Stool Henderson had a large Pension confirmed by Act of Parliament and died not long since The Commemoration hereof was advisedly seâ—tled by Act of Parliament the Anniversary Feast-day of the fifth of August solemnized to Gods glory during this Kings life and Narratives in print in Scotland and England of all these circumstances which I have to produce as also several Examinations taken at Fawkland this year viz. Iames Weyms of Bogye William Rynde and Andrew Henderson the very man assigned to murder the King whose Examination onely I thought good to insert Fawkland 20th August 1600. In presence of the Lord Chancellour Lord Treasurer Advocate Controuler Sir George Hewme and Sir Iames Methold viz. That the Earl Gowry at St. Iohnstons appointed this Deponent Henderson over night to ride with his Brothers Alexander and Andrew Ruthen to Falkland the next morn who came all together thither at seven of the clock Alexander presently spake with the King in private as he gat on hors-back and instantly commanded this Deponent to ride with all possible speed to the Earl whom he found at St. Iohnstons in his chamber at ten of the clock and told him that the King would be there by noon The Earl presently with-draws into his Cabinet demands How his Majesty took with his Brother This Deponent said Very well for the King clipt him about the shoulder The Earl asked if there were many with the King and what special persons He answered The usual number and the Duke of Lenox And that within an hour after the Earl commanded this Deponent to put on his secret plate-sleeves saying He had an high-High-land man to take That about one a clock the Earl being at Dinner Andrew Ruthen came from Alexander and whispered to the Earl and presently after came Alexander and William Bloir and took the Earl from his Dinner and sent for his Gantlet and Steel-Bonnet and then the King came in That Alexander bids this Deponent fetch the Keys of the chambers from William Reynd and so both went up the stairs but afterwards Thomas Cranston required this Deponent to come to the
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
them from the jaws of the Devil Carew forthwith drives them out of the Castle by the Haven when 150. more got in and the Haven blockt up by Levison the English vice-Admiral This news brings Ter-Oen with all the chief Rebells to joyn with some Spanish got out of the Town and all together make up an Army of 6000. foot and 500. horse assured of victory And the English wearied with winter sieges spent with poverty and hunger yet ply the siege not suffering the Enemy without to recruit the Town or Spaniards to re-enter but they adventure and are repulsed and retreat but are hotly pursued by the Deputy whilst Carew keeps the Spaniards from breaking out of the Town and forced to make a stand and fight with great loss and then to fly Don Alphonso O'campo taken prâ—soner with three of his Captains and fix Alpherez Ensignes Nine Colours whereof six Spaniards and 1200. slain with very little loss to the English And within six daies after Don Iohn designes a parly And to yield up to the Deputy what they possest and to depart with life and goods but brave Don to be the last Man left behind Their departure so sodain troubled the Irish who are worsted every where many of the chief Surprized and taken And now the old English Adage When knaves fall out truth comes to light The Ecclesiastick Papists in England go by the Ears The Jesuite against Secular Priests No blowes but Bookes and pens for Pot-guns the general thus One Blackwel sometime fellow of Trinity in Oxon was made Arch-priest for the Seculars and he too much a friend to Garnet their Jesuites general they decline him with scorn Hereupon they are degraded and appeal to Rome and therefore are Booked for Schismaticks and Hereticks but they got the censure of the University at Paris to approve the same and meaning to prevail in the Queens favour They shew that in her first eleven years reign not one suffered for his Conscience Nor for ten years after that Pius Quintus Bull against the Queen there were executed but twelve Priests most of them convicted Traytors And that then about the year 1580. crept in the Iesuite whose mischievous practices against the State had disturbed all and accasioned the severe Lawes against Catholicks And yet they say in ten years following but fifty Priests were executed the Queens mercy bâ—â—ishing fifty five more justly deserving death From that time say they Parsons in Spain an English Iesuiâ—e entertains all Vagabond English into their seminaries there and from thence came hither turbulent Priests That he incites the Spaniard now to invade Ireland again and consirms the Infanta's Title to this Crown which all the seminary Students maintained by oath That Holt the Iesuite suborned Hesket to rebellion Cullin York and Williams to kill the Queen Walpole and Squire to impoyson her They set out Parsons for a Bastard a seditious Sicophant and condemn the Iesuite libels to be full of falsities and trayterous to God and Her And conclude with advise to the English not to hazard their Children into their seminaries where with the Elements of Learning they infuse Tenents poysonous Treasons The Jesuites thus set out they retort on the other and it was best wisdom for the State to banish them both and but time for Winter and Tesmond a Jesuite were sent for into Spain to consult the destruction of the Queen and by other plots to exclude King Iames Inheritor The like Conspiracie in the Low-Countrey against the Arch-Duke and in France against the King and so against most Princes The Planets then in Conjunction Malevolent to great men and foretold by most Astrologers In which he escaped hapily Byrones Treason who was beheaded and accuses Bouillon confederate who fled into Germany and was complained of to Queen Elizabeth whose Counsel he craves in these his difficulties dangerous to his safety and the hazard of the Monarchy somewhat drooping which in police she endeavoured to support and did with Counsel and Arms in much affection also to him and reformed Religion which faith she defended alwaies in every place And now the Town and signiory of Geneve is assaulted by the Duke of Savoy much pittyed by their Pupils here in Scotland and England having their Nourishment from that seminary then of seditious reformers who by their preaching to the people procured great sums of money to be gathered by the bevolence of most Churches in this Island The Common-people well minded were often cacht in that time and oportunity of Devotion liberally to contribute especially if it please the Preacher to set it forth with Rhetorical Sanâ—tion as the Presbyters use to do for the dear Brethren of Geneve Germany and Scotland c. One for another as they for us when in truth these other were the most of them rank Revolters and it was then a great suspition that much of monies drapt short of their receiving we return to Scotland The King minding to take leave of his Native-Countrey in peace and so to settle the continuance after his remove to his second inheritance now at length very near He resolved to reduce the high-High-land Inhabitants of the Northern Isles into the Main to civilize them and to plant Low-land men in their habitations Some forward Gentlemen were undertakers Guided by the affection and Prayers of the Abbot of Lenders who went with them The Gallants were Colonel William Stuart Captain William Murray Lermouth of Balcolmy Iames Spence of Wormston Sir Iames Amstrader and Iames Forret of Fingasker These well furnished fell first upon the Isle Lewis and within four daies voyage landed there It was Commanded for Government these had none by Mordoch Macklond base son to old Macklond tirannously lording over the poor people Being surprized he made bad resistance his base usage of the Natives made him more fearfull of their revenge than of an Enemies Conquest and therefore hnmbling himself to Conditions even in the Treaty his heart distrusting quarter who never gave any he stole away and fled to Sea leaving the Inhabitants soon to Obedience The Laird of Balcolmy returning back with this good news to the King and not many Leagues lanched from Land but Macklond with a Number of Birlings little vessels boarded Balcolmy killed all his men and kept him alive for advance of a Ransome which was procured out of the Kings Cofers and he conveyed into Orkney where he died The other Conquerors interessed in this injurie conjure Neill Macklond brother to Mordoch to betray him for a piece of money and hopes of preferment He did so by Ambuscado surprizes him and twelve Men more Murthers these in could blood but to keep his word delivers Mordoch to the undertakers who sent him to Saint Andrews where he was executed The New Planters began to settle and share out Lands to themselves and tenure it out to the poor Natives drudges and sworn Subjects whilst
Knecht a German word an Institution of dignity by that Noble and ancient Nation Tacitus saies the manner was not for any to take Arms before the State allowed him sufficient and then some one of the Princes or the father of the young-man termed Knecht furnished him with a Shield and a Javeline as the Romans did virili toga the first honor done to youth and afterwards members of the Common-weal This being the first and simple manner of Creation they were afterwards styled Bachelour Knights Baccalarius quia olim coronabantur lauro cum baccis Vel potius quia Bedellus ipsis aureum baculum exâ—ibebat cum ad concilia irent Vnde primus gradus in professione scientiarum est Baccalauri secundus Licentiati ultimus doctores Indeed as he is so Baccalaureus or Batalareus dicitur is Miles qui jam semel praelio sive Bataliae interfuit collatis signis et manum cum hoste conseruit And thus for the Name Their dignity was from serving on Horse-back so the Italian call them Cavaileiri the French chivalier the Germanes Roisters all of riding the Latines equites aurati for properly being created with sword and girdle guilt spurs were added for more necessary Ornament The original dignity was given to Marshall men but since in all Nations it is bestowed on men of peace and merit the better in civile policie to level the service at home with that abroad Tullie sayes Parva sunt foris arma nisi est consilium domi And of late his dignity is called dubbed because the man kneels down and the Sovereign lightly layes a sword upon his shoulder saying sois chevalier nome de dieu and afterwards he sayes Avances chevalier It seems to be done as it were upon the sodain in the field and thereupon are called in our Law Miles a militia But the King may do it by Patent And though the first in Title by Institution yet are they the last in degree of honor which dies with them There had been anciently another degree of Knight-hood made by the General under the Kings standard in the field called Banneret but he was â—eacefull and so none of them were made in his time See after Knights Baronets and Knights of the Garter Being come to London his first Reception was at the Charter-house the then Habitation of Thomas Howard lately made Lord Chamberlain for four dayes where 80. Gentlemen were Knighted from thence in private to White-Hall and then by water to the Tower of London the 11. of May 1603. During his Journey hither prisoners were set at liberty out of the Tower and amongst others Accessaries to Essex Treason was Henry Wriothsly the third Earl of Southampton made Barons by Henry the eighth and Earls by Edward the sixth And this man by King Iames made afterwards Knight of the Garter a Privy Counsellor and Captain of the Isle of Wight Thomas his son now Earl of Southampton 1654. Heer at the Tower He creates divers Barons Sir Robert Caecil Baron of Essenden Sidny of Peshnurst Lord Knowles of Grayes Lord Wotton of Morley And dubbs eleven Knights The King had knowledg of the death of Iames Beaton in France Arch-Bishop of Glascow he had been consecrate Bishop at Rome 1552. and not induring the reformation of the Church forsook Scotland and conveyed with him to France all the evidences of that See of Glascow the Ornaments and Reliques of that Church the Image of Christ in beaten gold and of the Apostles in silver not over large you may believe And being there Queen Mary setled her Lieger Ambassadour when she returned to Scotland And so continued untill the Government of the Regents who deprived him whom the King afterwards restores and imployes him in Ambassies to France being wise and faithfull to his Mother He by Will leaves all to pious uses for benefit of Scotish-men Scholars and consigned the Utensils of Glasgow into the hands of the Carthusians of Paris untill Glasgow becomes Romish Iohn Spotswood at the Kings elbow was soon preferred thither and sent with the Lords to fetch the Queen But she resolved to bring the Prince along with her self and being refused by the friends of the Earl of Mar til order from the King incensed her into a sickness and to recover her the King humoured her willfulness and sent home the Earl of Mar from England to present her with her son but continues her anger to be debarred her desire by such a subject whom mortally she hated as you have heard heretofore and though the King sought to sweeten her with his letters That he ascribed his peacable reception in England unto his wisdom and late Negotiation The Queen in fury replyed That she had rather never see England than be beholding to him Whether in Malice or other defign It was remarkable Her studious intent to seize the Prince to her self And so she set forward with him and the Princess Elizabeth who by the way was left to the Government of the Lord Harrington But Charles Duke of York an Infant and sickly came not til next year after The Earl of Rutland was sent in Commission to the King of Denmark to present him with the honor of the Garter and to Baptize his first son And Sir Henry Wootton Lieger to Venice He was called from his private travels at Venice formerly known to the King an Emissary from the Duke of Tuscane into Scotland to forwarn him of a Treason against his Person And was now sent again thither Leonardo Donato being then Duke with whom and the Pope Paul the first hapened two Contests For restraint of Lay Persons donatives unto Church-men of lands or goods without License for so becoming Ecclesiastick they were exempt from taxes The other was The imprisoning an unchast Abbot and a Canon being conceived a diminution of the Papal Power who therefore excommunicates the whole Republick They fly to King Iames by their own Ambassadour here and by Messengers and Letters disputing their priviledges with the Popes power which was thus weakened by exceeding it and so they obtained Absolution with much adoe but not untill the report was that the whole Senate would turn Protestants Wootton continued at Venice near twenty years with some Returns and Messages extraordinary this Donato being the fourscore and eleventh Duke of Venice successively from Anno 697. having been a Republick long before and governed by Tribunes In Iuly was solemnly performed the Rites of St George at Windsor where were installed these Knights of the Garter the Prince Henry Duke of Lenox Earl of Southampton Earl of Mar Earl of Pembroke This most honourable Order of the Garter was instituted by Edward the third after he had obtained many great Victories K. Iohn of France K. Iames of Scotland being then Prisoners in the Tower of London and King Henry of Castile the Bastard expulst and Don Piedro restored by the Prince of Wales called The black
Brethren in Scotland that they should be enforced also to conform to the utter destruction of their Sion there To qualifie this News another Proclamation comes out in September after against such calumnious surmises That the King will not alter that Form of Government proper for their constitution without Counsel there and so refers mens â—xpectation to the general Assembly to meet at Dundee in Scotland in July after It was usual with the Presbyters in Scotland to have a general Assembly once a year and oftner pro re nata upon any urgent occasion The last was a little before the Kings coming hither 1602. And the next this appointed at Aberdene this year and therefore then adjourns that Meeting unto which he especially had an eye as mistrusting their ill humors to this Summer 1604. And now also prorogues it to a longer day by Proclamation in Scotland Notwithstanding thirteen of them convene at Aberdene and in spite of the Council Authority they formallized their Judicature by constituting a Moderator a Clerk and other essential Members The Privy Council there send a Messenger accompanied with a Herald of Arms to discharge and dissolve their Meeting These holy Fathers in this Sanhedrim protested They would not nor could give way to the Kings sacrilegious power usurped which properly belonged to the Church virtual the Assembly and so sat still till they pleased and after appointed a day for the next Assembly The King hears of this and commands them to be cited and punished These men undanted appear with a Protestation a Declination from the Kings Council and appeal to their own next General Assembly as the sole and competent Judg and were therefore pursued criminally before their Lord Iustice General upon the Act of Parliament 1584. for Treason Some of them acknowledged their fault the rest Zelots were convict ad terrorem and banished and after upon submission were restored to better Benefices The excellent Acts and Laws in this Session prorogâ—ed to the fifth of November I finde our voluminous Historian passes over excepting against their number too tedious for his brevity being unwilling to mention any thing of so much honour to the King though he can waste time and paper to tell you that the blessing of his Initiation Peace and Plenty brought idle people to Luxury Roaring-boys Bravadoes Roisters and makes it a fault in the King that he breeds his People no better The Parliament began the 19. of March 1603. and continued untill the 7. of Iuly 1604. and then prorogued unto the 7. of February In this Parliament they made a Recognition of the lawfull descending of the Crown to the King his Progeny and Posterity Commissioners of England and Scotland for to treat of the Union That no Bishop should assure Lands to the King Former Statutes against Recusants to be executed Divers other Statutes concerning the City and several Towns Corporate as also other Statutes for the good of the Land And conclude with a Subsidy of Tunnage and Poundage of Wools c. The Kings second Son Charls heretofore in Scotland created Duke of Albany Marquess of Ormond Count Ross and Lord of Ardmannoth is now this year created Duke of York by the girding of the Sword Cap and Circlet of Gold put upon his Head and golden Verge into his Hand to him and his Heirs males for ever with the Fee of fourty pounds per annum out of the issue and profits of that County He is made by Patent and witnessed by all the Lords of the Privy Council and other Peers of the Realm at Westminster the 6. of Ianuary 2. Iac. 1604. K. Edw. 3. by his Charter created Edward his eldest Son the black Prince Duke of Cornwall cum feodo to him and his Heirs the first begotten Sons and Dukes of the same place so that he that is hereditable Duke of Cornwall is Dux natus non creatus and the first day of his birth is in Law presumed to be of full age and may sue out his Livery as at one and twenty years and this was the first Duke in England the reason may be because the Norman Kings themselves were Dukes of Normandy for a long time they adorned none with this Honour of Duke The Papists had very evil success in all their Designs heretofore against Queen Elizabeth and her Religion and were somewhat quieted in hopes that the Kings reception hither might prove troublesom and so proper for them to work in such waters but the Kings late Speech was desperately understood for they being denied Toleration plot his and the whole States destruction by blowing up all in the House of Parliament A story so horrid and therefore so necessary to be communicated to the memorial of our Childrens Children The Parliament having been twice prorogued already in regard of the Seasons of the year and the Terms The time drawing near their Sitting upon Saturday ten days before about seven of the clock at night a Letter sealed was delivered by an unknown Fellow unto a Foot-man of the Lord Mounteagle Son and Heir to the Lord Morley charging him to give it to his Lords own hands who opening the same found it without Date or Subscription and in Letters not easily legible and the matter to him less intelligible but as God would have it he in this doubt repairs herewith to the Earl of Salisbury principal Secretary of State who also in some doubt of the construction the King being absent in his return from Roiston they acquainted the Lord Chamberlain the Earl of Suâ—folk herewith and after consultation they joyned the Lord Admiral the Earls of Worcester and Northampton but stayed all manner of proceeding untill the Kings coming Thursday night next after Salisbury shews it him The Letter was MY Lord out of the love I bear to some of your Friends I have a care of your preservation therefore I would advise you as you tender your Life to devise some Excuse to shift off your attendance this Parliament for God and Man have concurred to punish the wickedness of this Time And think not slightly of this Advertisement but retire your self into your Countrey where you may expect the event in safety for though there be no appearance of any sâ—ir yet I say they shall receive a terrible Blow this Parliament and yet they shall not see who hurts them This counsel is not to be contemned because it may do you good and can do you no harm for the danger is past so soon as you have burnt the Letter and I hope God will give you the grace to make good use of it to whose holy protection I commend you The King conceived the Letter not to be contemned the stile quick and pithy not usual with Libells and judged the words terrible Blow this Parliament and not see who hurts them to be meant by Gun-pouder joyning thereto the other words For the danger is past so soon as you have burnt the Letter
nor protection That the King hath not taken up wisdom of Government upon credit but carrieth still the Iethro of order in his own bosom disposing the mean causes to the Rulers over hundreds and fifties reserving the greatest to the greatness of himself And freely professes though he doth not participate with the follies of the Fly upon the wheel of fortune yet is he so far ambitious of his Masters favour as to be not so much his creature by the undeserved Honours he holds from his Majesties grace and power as in desire to be the shadow of his minde towards whose royal Person he glories more to be honest and humble than to command in any other Calling And to say that men resolved to die are Masters over others lives such power hath the least Spider by permission and if so that the days of his life were in their hands to take from him some moneths of joys so more years of sorrow but he believes not that the Mountains shake when the Moles do cast nor thinks he to purchace a span of time as for the fear of any mortal power Aut Deo aut Patriae aut Patri Patriae deesse Magistrates who converse with variety of spirits must undergo Tempests And their Glasses being done that glory which makes worthy men live for ever their Heirs shall inherit after them And therefore Suadeat loquent is vita non oratio Besides Romes powers are discovered her Towers taken and it is suspected that she will play so long with the temporal powers of Kings as their work will break down her walls so therefore it ill becomes their servants to slacken for fear of malice the Evening and the Night shall come upon them naturally one after another their faith shall ascend before them and their good fame shall follow after Et hic â—aculum fixit This next Session of this Parliament the Union was revived by motion of the Kings Solicitor Sir Francis Bacon to have the Scots naturalized by Act of Parliament after many subtil Arguments on both sides pro con and to allay the heat the King convenes both Houses before him at White-hall where with an excellent method he recounts all their former controversed Arguments and concludes with Reasons undeniable for unanimous consent to admit of the Union But to avoid their tedious Disputes I shall onely abbreviate the Kings Speech in answer to all He distinguishes his desires the Union which he seeks is of Laws and Persons such a Naturalizing as may compound one Body of both Nations Unus Rex unus Grex una Lex He unravels their intricate Arguments and sweetens them with his intentions 1. That all hostile Laws should cease because the King of England cannot war with the King of Scotland That community of Commerce is necessary He being no stranger but descended of their ancient Kings It were improper for him to be their natural Sovereign and the Nations strangers to one another and being both under the same Alleageance ought to have more freedom and better respect than Frenchmen and Spaniards 2. They all agree that they are no Aliens then must they be allowed to be natural That there was a difference the Ante and Post-nati of either Kingdom and therefore his Proclamations gave notice that the Post-nati were naturalized by his accession but he confessed that Iudges may err in that opinion who told him so so may Lawyers on their side but bids them beware of abusing either lest they endeavour to disgrace King and Laws who have power when Parliaments are not to try them for Lands and Lives 3. That there were some flatterers and would prefer the Ante-nati upon a jearing pretence to have their merit preferred in his service Mel in ore fel in corde But they shall know his Prerogative can prefer at his own pleasure to any Dignity though he is willing to restrain himself for respects to the English He urged it as a special mark of Prerogative to endow Aliens with freedom and where the Law is not therein clear Rex est Iudex he being Lex loquens supplying the Law where it wants thus he speaks as skilfull in the dues of Sovereignty intends not the pressure upon their love but with conveniency to both Kingdoms The inconveniences as from Scotland are pretended to be 1. An evil affection in them to the Union 2. The Union to be incompatible 3. The gain small or none Why then is there talk of Union They allege Reasons of the first from the body of their Act To remain a free Monarchy and not alter Fundamental Laws and yet it was urged heretofore The Scots greedy of this Union to attain to the substance and end These are contradictions but for their free Monarchy he hopes they mean not that he should set Garisons over them as the Spaniards do over Sicily and Naples He need not do so who governs them by his Pen and his Council-commands and his Chancellour there can govern their Tongues too not to speak as ye do what and as long as ye list without contradiction 1. He tells them the Laws of Scotland those of Tenures Wards Liveries Signiories and Lands are in effect drawn out of the Chancery of England brought by Iames the first who lived here and differ onely in terms 2. The second are Statute-laws to which he wishes they would be no strangers 3. The Civil Law brought out of France by Iames the fifth to supply the defects of the Municipal Laws In these respects the Laws alike why not the People First it is an Objection of yours that the King in Scotland hath not a Negative Voice in Parliament he tells them that the Form of Parliaments there inclines nothing to popularity their manner is by Proclamation to bring in their Bills to the Master of the Rolls by a prefixt day then to the King to be allowed by him and then given to the Chancellour to be propounded and no other If any man offers otherwise the Chancellour corrects him and being past the King confirms them rasing out what he doth not approve and if this be a Negative Voice he hath one Secondly that which seems so incompatible is the Union of the French and Scots He assures them it was a League onely between the Kings not the People the occasion was that England and France at one time solicited a League offensive and defensive against each others Enemies The reasons went for England being our Neighbours of one Continent strong and Powerfull Nation and so more security the Amity with England than France far off beyond Seas and hazarded to Accidents of relief Then they who argued for France alleaged that England ever sought to conquer Scotland and therefore never can be Friends The remoteness of France claimes no Interest and therefore more Constant and Faithfull and so it was concluded on their part But then it was concluded meerly Personall from King to King and to be renewed by their Ambassies
trust with your Lordship in this matter as to my self But I pray you hasten him home with all speed and charge him not to take a wink of sleep till he see me again after he returns from you And as your Lordship desireth in your Letters to me so say I to you either rive or burn this Letter or return it back again to me with the Bearer for so is the fashion I grant Restalrig And albeit by the Letter all his own hand you knew the truth of the said treasonable Conspiracy and Logain's foreknowledg and guilt thereof like as you were assured of divers Letters received by him from Gowry and by his Answers to the same purpose and by sundry Conferences betwixt Logain and Bour in your presence and hearing concerning the said Treason as well in Iuly preceding the Attempt thereof as at divers other times shortly after as likewise by Bour revealing the same to you who was imployed ordinary Messenger by Logain to Gowry whereby your knowledg and concealment and guilt was undeniable Yet for further manifestation thereof about Iuly 1602. Logain shewed unto you that Bour had told him that he had been somewhat rash to let you see a Letter which came from Gowry to Logain who then urged you to tell him what you understood by the same You answered that you took the meaning thereof to be that he had been upon the counsel and purpose of Gowry's Conspiracy and that he answered you the worst he had done was his own but if you would swear to him never to reveal any thing of that matter to any person it should be the best sight that ever you saw and in token of further recompence he gave you twelve pounds of Silver Nevertheless albeit you knew perfectly the whole practice and progress of all the said Treason from the beginning to the end as also by your conference with Bour and Logain who lived untill the year 1606. or thereabout and so by the space of six years you concealed the same and so was in art and part thereof and ought to suffer under pain of high Treason To the Token that you have not onely by your depositions subscribed by you and solemnly made in presence of divers Lords of his Majesties Privy Council and the Ministers of the Borough of Edenburgh of the Dates of the fifth fifteenth and sixteenth days of Iuly last past and tenth and thirteenth of August instant confessed every Point Head and Article of the Indictment abovesaid but also by divers other Depositions subscribed by you you have ratified the same and to seal the same with your bloud Which Indictment being read openly before Sprot was put to the knowledg of the Inquest he confessed the same in every point to be true and therefore the Indictment was put to the Inquest of the honest famous and discreet persons viz. William Trumball of Ardre William Fisher Merchant and Burgess of Edenburgh Robert Short there Edmund Iohnston Merchant and Burgess there Harb Maxwell of Cavons Ia. Terment of Lint-house William Trumbill Burgess of Edenburgh George Brown in Gorgy Mill Io. Huchinson and Io. Lewes Merchants and Burgesses of Edenburgh Ia. Somervil and William Swinton there Io. Cruneson of Darlton Thomas Smith and Io. Cowtis Burgesses of Edenburgh Which persons of Inquest sworn and admitted and reading over the same Indictment again in his and their presence the said George Sprot confessed the same to be true Whereupon the said Sir Thomas Hamilton Advocate asked Act and Instrument And therefore the Inquest removed to the Inquest-house and elected Herbert Maxwell to be their Chancellour or fore-man And after mature deliberation they all re-entered again in Court where the said Fore-man declared the said George Sprot to be guilty filed and convict of Art and part of the said Treason for which the said Iustice by the mouth of the Deâ—ster of Court by Sentence and Doom ordained the said George Sprot to be taken to the Market-Cross of Edenburgh and there to be hanged upon a Gibbet till he be dead and thereafter his head to be stricken off and his body to be quartered and demeaned as a Traitor and his head to be set up upon a prick of Iron upon the highest part of the Tolboth of Edenburgh where the Traitor Gowry and other Conspirators heads stand and his Lands and Goods forfeited and escheated to our Sovereign Lord the Kings use Extractum de Libro Actorum Adjornalis S. D. N. Regis per me D. Iohannem Coburn de Ormeston Mil. Clericum Iusticiarii ejusdem generalem sub meis signo subscriptione Manualibus And so was Sprot conveyed to a private house remaining at his meditations and afterwards conferred with the Ministers confessing all aforesaid with extreme humiliation and prayer Afterwards ganging up the Ladder with his hands loose and untied he was again put in minde of his Confessions and for the greater assurance thereof performed an act marvellous promising by Gods assistance to give them an evident token before the yielding up of his spirit which was when he had hung a very good while he lift up both his hands a good height and clapped them together three several times to the wonder of thousands Spectators And for the more confirmation George Abbot Doctor in Divinity and Dean of Winchester after Arch-bishop of Canterbury was present both at his Examination and Execution and hath publisht in print the same Writings observation and particulars verbâ—tim as aforesaid which I can produce also I was obliged in honor of the truth to be thus particular to take off the horrid crime with which our Adversaries load the memory of King Iames and if as yet not satisfactory I may conclude with Saint Iohn's Apocalyps Qui sordescit sordescat adhuc And yet I am enforced to complain against a late Historian who says Sprot's Depositions seem a very fiction a meer invention of his own brain And why Because says he Sprot did not shew the Letter How came it then to be recorded as aforesaid And concludes against himself However says he Sprot remained constant in his Confession and at his dying when he was to be cast off the Ladder promised to give the beholders a sign for confirming them in the truth of what he had spoken which also he performed by clapping his hands three several times after he was cast off by the Executioner What can be more to convince for the truth that he was guilty In this fourth Session the King intends the Creation of his sonne Henry Prince of Wales and for that and other occasions craves supply of his wants proceeding from his great disbursments discounting with them his receipts of three hundred and fifty thousand pounds subsidies due to his Predecessor with his redeeming the Crown lands morgaged in the year 1598. by her to the City of London for sixty thousand pounds His expence also of nineteen thousand pounds
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
absolution to be given by any offers of his whatsoever and the like against Angus Arrol and Semple This was too rigorous and unchristian the Church being open to all Penitents And truly the inconveniences being examined from that time by the Churches too frequent Excommunicating of many persons fugitives for Capital Crimes The Kings Christian consideration herein was signified to them by his Commands That their Sentences of that kinde were far abused from the first pious policie of institution for such persons as have been cited before Ecclesiastical judicatures for capital cases and dare not compeir for fear of Life are yet excommunicated as Persons contumacious when onely their fear may excuse their absence and really cannot be judged Contemners of the Church And in truth the Venetian Padre Paulo in his Treatise did learnedly confute the Popes sentence against him for not appearing in a Cause of Heresie onely upon his just fear he pretended and had his Appeal justified by all good Christians and indifferent men Wee may resemble the Scots Courses therein to the Muscovites manner who if he be offended with any man commands him to send his head in a Charger even so they will the offender to come into Court and be hang'd which no Penitent would do rather to suffer sentence than to hazard themselves into Presbyters handling a second Inquisition and so in truth their Church suffers under scandall and contempt And accordingly their Assemblies were afterwards reduced to conform to Reformation herein The Clergies Arguments somewhat Canonicall if as the Pope they cannot erre That the Churches form may not be changed which terrifies the common Man from their Crimes But then let them be answered from the principall end of such Censures especially Excommunication which was reclaiming not confounding of offenders The principal use having no place that other Secondary Ends ought not to be respected The case of fugitives How could the Censure avail to their reclaiming they being absent from admonition Men in such a Case truly sorrowfull for their sinnee sentenced are in truth bound up by the Church whom God hath loosed But that Church evermore expressed their hot zeal of excommunication by their fire-brand Execution the pretended Sanction of their Sion The lustrous ray and beam of Sovereignty was intrenched upon by the Heir of the Earl of Eglington in Scotland being adopted so from him that had no Successor of birth or kindred This man was Sir Alexander Seaton a Cousin Germain and with this Proviso by will That he and his children should take the Name and use of the Arms of the House of Mountgomery This bold bearing came to the disquisition I remember in our Heralds office of which Garter principall King of Arms informs the King as an ill President for though Noblemen may dispose of their lands they cannot alienate their honors from the Sovereign fountain of all honours in his Kingdomes And so Sir Alexander was unlorded till the Kings grace gave him Creation some years after the honors of Eglington onely The King was had in high esteem to be not onely Rex pacificus in temporal affairs but Nutricius Ecclesiae in spiritual relations to the Church yet very tender to meddle in politicks of Neighbour Princes unless by Envoyes and Ambassies of Brotherly advice But for the state of the Church Reformed he was pleased to take upon him Defensor fidei with tongue pen and sword if need were And thereâ—n he gave his reasons for every Christian King to have an Interest though in Aliena Republica And in his hunting progress having met with two Bookes of Conradus Vorstius who had the degree of Doctor of Divinity at Leyden in Holland the one Tractatus Theologicus Dâ—o dedicated to the Landt-grave of Hessen dated 1610. the other his Exegesis Apologetica dedicated to the States 1611. Upon this latter book He dispatches commands to Sir Ralph Winwood his Ambassador Lieger and Counsellor in the Counsel of State in those Countries in his Name to declare to the States General Not onely his Majesties high resentment of the Monstrous Blasphemies and horrid Atheism therein worthy to be burnt and the Author punished but also his infinite displeasure to have him succeed Arminius such another Monster lately dead Divinity Reader in that University And though he hath recanted his former Atheisticall opinions it was too slender Satisfaction for so foul an Enemie to the Essence of the Deity The States General in answer do most humbly acknowledg his Majesties Princely assistance untill this time for preservation of their bodies rights and liberties against their powerfull Enemie introducing the Inquisition and constraint of their consciences in matters of Religion That the Curators of the University of Leyden by custome of that foundation have the charge to settle that Lecture and did elect and send for Vorstius in Anno 1610. from Steinford a Town of the County of Tecklenburgh the first that cast off the yoke of Papacy in Germany and so continue where he was Professor fifteen years and for Learning much admired by Prince Maurice Landt-grave of Hessen as worthy of preferment in any University in his Countrey And their Message was seconded from his Excellency Prince Maurice and the State of Holland in his behalf who notwithstanding had opposition by some against whom and all others accusers he challenged the dispute but they never appeared The next Moneth six Ministers accused him of false and unsound doctrine and disputed it with him before the Curators and six other Ministers in full Assembly of the States of Holland who all of them adjudged the Election lawfull and the man full of merit The next Moneth after that Certain Articles came over thither and dispersed in printed Pamphlets to which publick declarations were made by the States that Vorstius should be ready to answer the intention of the States being to permit no Professâ—rs but according to the Religion reformed and grounded on Gods word and that if his Majestie were well informed he would in his high wisdom prudence and benignity conceave favourably of their proceedings they being confident that this business is managed with all due reverence to his Majesties serious admonition as becometh them 1 Octob. 1611. In the time of these Transactions Vorstius gives ayme for his Bookes to be brought hither accompanied with an other De Apostasia sanctorum and a Letter of the Author Vorstius to the Arch-Bishop of Canterbury avowing the doctrine therein to agree with the Church of England and so that Book intended to fire the next Neighbours with this fuell Non solum paries proximus jam ardebat was by order publickly burnt at Pauls-Cross and both Universities The King continuing the Hunt to Unkenell this Fox writes himself to the States That notwithstanding his Ambassà dors propositions They proceed to provide a place for that Corrupted Person and with Protection and License to print his Apologie dedicated to
his former preferments even to the day of his death as first Baron Essenden Viscount Cranburn and after Earl of Salisbury Knight of the Garter and Lord Treasurer of England It behooved the King to bestow on him the weight of that staff the Coffer then in some want which was not likely soon to recover but to increase debt by the charge of a treble Court of King Queen and Children and therefore many ways were devised to advance the Revenue particularly in that of honor for Knights Baronets which was not this Earls onely design as some will have it Nor of Somerset hereafter as another saies But it was began a little before this Lords death as will follow hereafter I know what some have surmized to prejudice his Memory if it were possible who with little pains may be sufficiently vindicated and his Merits amply related being of somewhat concernment to me to speak my own knowledg again to enlighten the dark shadows that always wait on shining merit But all his care and pains not able to fill the Coffers so much exhausted and the Estate in a Retrograde consumption He did before his death not usual with Courtiers present his Patent of Master of Wards at the Kings feet and so the whole benefit became the profit of the Crown By former constitutions of this Realm all the Lands of this Nation held by two Tenures by soccage or by Knights service by the Plough to free us or by the sword to defend us and who so died leaving an Heir within age unable to do this Service his Heir and Lands fell both to the protection of the Sovereign And this in antient time was promiscuously carried in the Court of Chancery untill the middle of Henry 8. when this Court of Wards was first erected Since which time the Masters thereof by favour of the Sovereign did accustome as a bounty of State to grant unto Noblemen the Kings Servants and their own followers both the marriage of the body and the Lease of the Lands for a third penny of their true value which also in several relations by frequent Orders and Declarations of that Court in print have been altered and changed till now of late the whole Court and quality thereof is absolutely dissolved as a grievance too burthensome for a free State and people anno 1648. He indured some time of sickness and died in his return from the Bath at Saint Margarets at Master Daniels house in May 1612. and was entombed at his Mannour of Hatfield a princely seat in Hertfordshire His death opened the doors for the King to dispose his Place of profit the Treasurership upon the E. of Suffolk whose office of Lord Chamberlain fell to the Favourite Viscount Rochester the Wards to Sir Walter Cope who lived not long to enjoy it being of weak constitution carefull and painfull in his duty of great experience in the affairs of Court and State bred up first under Burlegh and at his death delivered up to his son Sir Robert Ceâ—il with whom he continued the most exact Confident and counsellour to the end of his days And the Favorite also was made Seâ—retary of State belike for some suddain improvement of his Latine Tongue which his Master is said to teach him His Confident was one Thomas Overbury a man of good parts a Student of Lincolns Inn lately returned from Travell besides it was Carr's first principle and no mean one to please the English by entertaining them his Domesticks for having not many Kindred or Friends to lean upon he might be forced to stand upon his own strength and the kindness of strangers This Overbury had most strickt friendships with Carr lately created Viscount Rochester and therefore soon knighted and if we may credit his own vaunt being indeed insolent he would brag that the Viscounts advance in business of Court and Secrecies of State proceeded from him which he managed and made common And the knowledg of this coming to the King he tenderly blamed his Favourite for such freedom in his Masters affairs This advice made him less communicable in those Mysteries which Overbury took ill and with scornfull resentment told Rochester that indeed he deserved to be better imployed than to attend as his Tutor And therfore he desired to have the Honour and Preferment of an Ambassy Leiger then intended abroad as best fitting his good parts and greater pride of which he had sufficient to present the Kings person conceiting perhaps that the power which he usurped in the Viscoâ—nts affection would work some regret upon him which Overbury knew how to master for a better advantage But when Rochester had wisely considered that there would be no great loss of so loose a Friend and that Overbury though an Osier of his own planting would not be wrought in any purpose but to his own self-pride hastily put the Design forward drew up his Instructions with some Additionals of Overburies for I copied them and this being in earnest then Overbury would not go for which high Contempt the King and Council sent him to the Tower 'T is true some Moneths before Rochester made Court to the Countess of Essex who did not that loved a Lady which Overbury misliked upon no score of Religion or Virtue but to ballance with his ambition and vanity and to obtrude any Copartnership in his friends affection especially of the House of Howards whom mortally he hated upon private malice for to some mens knowledg he would scornfully report not long before that she was won by Letters of his inditing which I have read and by that means endeavoured to bring them to Bawdery the beginning of all their future ruines as you shall hear the next year The Kings expence brings him to account with his Exchequer where his Exits increasing the In-comes he intends better husbandry to piece out his Expences and having taken into his Houshold Sir Arthur Ingram a Merchant bred who by his wit and wealth came to be his Cofferer the vast expence of the state keeping the Treasury dry his abilities discover the cunning craft of the Merchant for the Customers had cozened the King engrossing by that means the wealth of Trading which was therefore raised to an higher Farm The same use was made at Court which he taught the Green-cloath by Retrench and he is called by Sir A. W. therefore an evil Bird that defiles his Nest what is he then who defiled the Court that gave him breeding defam'd the King that gave him bread The King put this course in practice at Court somewhat differing I confess in the Line of Ascent to the Houshold preferment which rises by order succession and this man a stranger in Court stept in to discover the concealments of the Green-cloath also and when this Tide had its Ebb it returned again to his wonted channel and 't is true the King shifted the fault upon his Favourite
that were grieved or interessed for not having performed the combate when he shall see the rule of State dis-interest him of a vain and unnecessary hazard Secondly This evil must not be cockered The compounding of quarrels is grown so punctual by private Noblemen and Gentlemen who is before hand and wholly behind hand It countenances Duels as if therein somewhat of right The most prudent and best Remedy may be learned out of the Kings Proclamation The false conceated humour must be punished in the same kind In eo quis rectissime plectitur in quo peâ—cat such men to be banished the Kings presence and excluded the Court for certain years to be cast into that darkness not to behold his Sovereigns face Lastly We see the Root of this offence is stubborn for it despiseth death the utmost of punishments and therefore these men to be executed by Law without all remission The severity of France had been more where by a kind of Marshal Law established by the King the party surviving was instantly hanged their wounds though bleeding least a natural death should prevent the example of Justice Or if not so to do but with greater lenity yet of no less efficacy which is to punish by fines in Star Chamber the middle acts and proceedings which tend to the Duel 3. Now for the Law of England It is excepted against in two points Not to difference between an infidious and foul murther and killing upon fair terms as they term it The other Not providing sufficient punishment for contumely of words as thely and the like These novelties are thus answered The Law of God makes no difference but between Homicide voluntary and involuntary which we term Misadventure and for which there were Cities of Refuge Our Law hath a more subtil distinction The Will inflamed and the Will advised Man-slaughter in heat and Murther upon Malice or cold blood The Romans had restrained this privilege of passion but onely where the Husband took the Adulterer in the manner Yet Cain inticed his Brother into the Field and slew him treacherously but Lamech vaunted of his Murther To kill a young man and if it were but in his hurt So as the difference is between Insidious and Presumptâ—oâ—s Murther these of Cain and Lamech Greece and Rome had not this practice of Duells It is said fas est ab hoste doceri There was a Duel between two eminent persons of the Turks and one slain the Council of Bashaes reprehended the Other How durst you undertake to fight one with the other are there not Christians enow to kill Did you not know that whether of you were slain the loss would be the great Seigniours T is true we find Combates before an Army amongst the Romans which they called Pugna per provocationem between Generals themselves or by their license to others So David asked leave when he fought with Goliah And Ioab when the Armies met gave leave Let the young Men play before us And of this kind was that famous example in the Warres of Naples between the Spaniards and Italians where Italians prevailed The second combate is a Iudicial Tryal of Right introduced by the Gothes and the Northern Nations and more antient in Spain But yet a wise Writer saies Taliter pugnantes videntur tentare Deum quia hoc volunt ut Deus ostendat faciat Miraculum ut justam causam habens Victor efficiatur quod saepe â—ontra accidit Nay the French folly in this kind had it in Toleration never authorized by Law but of late punished with severe rigour As for the supposed defect in our Law for Lies and fillips words of denyal and flea bites to murther a man Solon's Answer satisfies That he had not ordained Punishments for it not imaging the world so phantastical to take it so highly The Civillians say that an action of injury does not ly for it Indeed Francis the first of France gave the ly to the Emperour and in a Solemn Assembly said That he was no honest man that would bear the ly The Laws of England had onely these degrees of injury Slander Battery Maime and Death But as for a fillip Consalvo said A Gentlemans honour should be De tela crassiore of a strong warp Now for the power of this Court to censure Presidents have been in the Minor Whartons case P lt where Acklam Defendant servant to Elleckars was fined for carrying his Masters challenge but by Word of Mouth And it was concluded to prosecute in these cases against such As shall appoint the field though the sight be not acted Send challenge in writing or message Shall deliver either of them To accept or return them To be a second To depart beyond Seas to combat To revive a quarrel by sâ—andalous bruits or Pasquils Counsellers of Quarrellers And that a Man may in those cases be as well fur de se as felo de se if he steal out of the Realm to fight he doth Machinari contro Coronaâ— But let us remember Scotland We have forewarned the Earl of Orkneys mis-behaviour in Scotland which of late so increased as he was again sent for and committed Having rioted most of his Estate the remainder was mortgaged to Sir Iohn Arnots of whom the King purchases his Interest by which means he might the better give relief to the distressed Tenants from oppression The Earl now in Dunbarton Castle with a Noble a Day pension for his Maintenance had information how his Estate with his Castles Kirkwall Birsay and other his Houses and Lands in the Isles were rendered to the Kings Sheriffs He endeavouring first to escape but not effecting sends his base Son to get forces and to expulse the Possessors He does so with some loose people assaults Birsay and takes it wherein he puts a Garrison of thirty men and hastens to Kirkwall seizes that also This Insurrection comes to the Kings knowledge and hastens Commission to the Earl of Caithness Lieutenant of those bounds who with his Canon recovers the Castles in 6 weeks and those within made Prisoners Robert Steward the Earls base son and four more principal Actors were arraigned at Edenburgh convâ—ct and hanged The Earl as Accessary came to Tryal being indicted for causing his base son to surprize Kirkwall and Birsay inciting the people to Rebellion and detaining the Castles treasonably against the Kings forces He was allowed Prolocutours Lawyers of the best esteem who deny the Libel as they call it but the confession of his base Son and Others with his missive Letters written to one Iohn Sharp for detaining those Castles and a charter of certain Lands assigned by him to one Patrick Haloro for assisting the Rebels the Assize of Iury being his Peers Earls and Lords found him guilty of Treason and he presently executed at Edenburgh The end of Patrick Earl of Orkney Son to Robert Stewart one of the base Sons of King Iames the fifth for he had others
Savile Derb. William Kneveton Esq Norf. Philip Woodhouse Oxon. William Pope Rutl. Iames Harington Staff Richard Fleetwood Esq Oxon. Thomas Spencer Esq Lanc. Io Tufton Camb. Samuel Peyton Norf. Ch Morrison Kanc. Henry Baker Essex Roger Aplâ—ton Esq Kanc. William Sedley Kanc. William Twisden Kanc. Edward Hales Kanc. William Moynes Essex Thomas Mildmay Esq Essex William Maynard Buck. Henry Lea Esq Wilt. Edward Gorges Essex Harbottle Grimston War Thomas Holt. Som. Io Porâ—man Linc. Io Wray Berk. William Essex Ebor. Marmaduke Wivill Wilt. Fr Englefield Staff Io Pessel Esq Essex William Aloff Wor. Edward Devereux Dev. Thomas Ridgeway Cornw. Renald Mohune Essex Paul Baning 68 Knights 22 Esquires 90 These afterwards Doneld Thomas Blaxton Esq Chester Rowland Egerton Esq Norf. Roger Townsend Esq It is well known that Queen Elizabeth left her Coffers empty and her Revenue not ample for in Treasurer Burghley's times the profit of the Kingdom besides Wards and Dutchy of Lancaster was one hundred eighty eight thousand one hundred ninety and seven pounds per annum and the Payments one hundred ten thousand six hundred and twelve pounds per annum In which Payments these were constant per annum The Houshold forty thousand pounds Ordinary and now increased necessarily almost treble The Privy Parse two thousand pounds The Admiralty thirty thousand pounds 1. For support this King was to proportion his issues with his Revenues both certain and casual 2. By abating or reforming the excess of his Houshold 3. By raising moneys and improving the Crown Revenues For the first he could not well tell how to begin that Lesson for coming in hither with an increment of expence Himself Wife and Children and a large Train of old Servants to be new rewarded the Marriage of his Daughter very lately which expence in that amounted unto near an hundred thousand pounds and her Atd-money came but to twenty thousand and five hundred pounds And that we may see the Charge and Expence of this Marriage in particular I shall set it down  lib. For the Palsgraves Diet at his standing house 6000 For his Diet at his Instalment of the Garter 4000 For Diet at his Marriage 2000 For Lodgings for his Servants 830 To the Wardrobe for Apparel for the Princess Eliz. 6252 For furnishing her Chamber 3023 Apparel and Necessaries for her to my L. Harington 1829 Jewels and Apparel for her Servants 3914 To divers Merchants for Silks c. 995 The Lords Mask at her Marriage 400 For the Naval Fight of Fire-works on the Thames at her Marriage 4800 More Fire-works on the Thames at her Marriage 2880 To Sir Edward Cecil as Treasurer for her Journey from hence to Heidelbergh and for her Purse 2000 For setling her Iointure and charges to some of the Gentry to go thither and to take the Assurance 800 For her Transport to Flushing 5555 Totale 53294 Paid over to the Palsgraves Agent for her Portion 40000 The Total is ninety three thousand two hundred ninety and four pounds These Expences put the King to consider of the best means of Recovery so that several ways were proposed to make his Disbursments answerable to his In-comes and the way was the first work of Ordinary good Husbandry and might well be expected from a Paterfamilias yet it would not for the present Rebus sic stantibus become this King whose fame and honour as all other Sovereignties so his in particular stood more upon Reputation than profit and therefore he according to the magnificence of Royalty left that consideration and he had done reasonable well if not too much for satisfying his Train His second way was to consider of his great expence of Houshold now enlarged into several Courts King Queen Prince and Nursery and these being lookt into he was forced contrary to the royal and largest heart of any his Progenitors to come to Retrenchment and truly in this he was advised to use the means of mean people and others subordinate Ingram and others And first he removed by Proclamation a number of useless persons of his own Nation that unnecessarily depended upon the bounty of his Court and returned them home again Then he proportioned to each Court their expence particularly rated for personal Diet and Dependance Livery and Wages Charge and Salary And this was done without publick complaint of any pressure upon the people as hath been usual heretofore to Parliaments and by them redressed but prudently considered and so referred to the Council-table In ancient time the Houshold was regulated by Book-order and continued so to Henry 8. when Cardinal Wolsey for more honour to that Christmass King of immoderate expence settled it and so remained a ground-work to this present time being now so corrupt as that new ways were proposed in effect to put down Tables and to allow Attendance-money as France does or else by setting up the Hall again to the best first and most magnificent Order that so being spent in publick to the Kings honour the secret waste of Chamber-diet and purloining prevented for out at the Court back-doors most of the meaner houses at Westminster were maintained with food and firing the stealth of under-chamberers We all know what excess was usual in our ancient Retinue and Servants with blue coats and badges especially respecting the Garter of St George who were now ordered to lessen their number and afterwards to fifty Gentlemen and no more to each Knight of that Order heretofore an excessive number to vie it out who should bring most And to reform himself from the excess of his royal heart in gifts and rewards he published Orders and Articles in print in what manner his pleasure restrained his bounty and what natures he was willing to grant Having been liberal to the Scots whom he brought with him men of the greatest eminency at home thereby to binde them here with Free-hold Lands as also with English Tithes for what held the great Gascoign Iean de Foix firm to the Crown of England but his Earldom of Kendall here A neglect in Queen Elizabeth to draw the chief Nobles 〈◊〉 into England by exchange or gift of Lands to have 〈◊〉 them Free-holders here she might then have spared two 〈◊〉 her Wars 〈◊〉 indeed the Kings gifts in Land to the Scots unthankfully 〈◊〉 â—â—â—ttingly they sold conveying that Treasure into Scotland 〈◊〉 his great Design of uniting them here became frustrate 〈◊〉 we finde how many of them not so engaged have turned 〈◊〉 ersaries to his Posterity And I remember well not a penny given then freely to the Scots but gave alarm to every part of Englands Discourse Notes Copies of all privy Seals for money given and so shewed then in Parliaments Yet no noise of what the English had though ten times more But his free hand having stretcht his purse-strings there was a free Benevolence considered of from such good Subjects as in hearty affection to their Sovereign were willing to
contribute and did the Lords and others by which he might have experience how they could serve him that served themselves so well the building up of their own fortunes and factions had been their diligent studies and his service but the exercise of their leisures And this Benevolence came but to fifty two thousand nine hundred and nine pounds out of their purses Which yet madded the ill-minded men Pillars to the Kingdomes Liberties alwaies plotters to the Kingdomes Miseries Who being ashamed to be out-done in honesty and honour they justly drew upon themselves a Mark of Malignancy and so needed not otherwise to be noted by giving in their names as is pretended And yet they would be medling devising poor Arguments to pretend it against Subjects Liberties though accustomed evermore by examples of all former Sovereigns But to tell our Historian how antient the custome of Benevolence hath been ever since the Statute of 20 Henry 8. that united Wales and England together and to send their Members to sit in Our Parliament where a motion being made in the House of Commons for a Benevolence to be freely given to that King an honest Knight for a Welch County made answer Mr. Speaker This word Benevolence is a pretty Word but I understand it not Yet sure it is something His Highness should have If it be so in Gods Name let him have it the sooner the better and so may deserve thanks else it will not Thus it was then but now it is held to be Against Law Reason and Religion and Injustice and Impiety to be accepted And because his whole Reign was necessitous and the want of money for him to be liberal was his disease I think fit to say somewhat here in excuse to all the future ayms and ends which he took to get money which answers the third way of Improvement There was much ado in Council to advance the Crown by several waies of Improvement By grants in Parliament wherein the King made some Tryal so be it examined from former examples whether or no their bounties exceeded his Merits Some advised him to fall upon Acts of Resumption of Lands Offices and Annuities unadvisedly or profusely bestowed by his Predecessors or himself upon undeserving persons which have been usually done by former Presidents of Princes Ubi necessitas Regis cogit But this his Noble heart disdained Indeed it was wicked Counsel to work upon his Necessity thereby to make him odious to his meritorious Servants and good Friends Did he ever do as others Henry 3. to his Subjects of whom one saies Quicquid habuerunt in Esculentis et poculentis Rusticorum erâ—im Equos Bigas vina victualia ad libitum cepit He made tryal of Voluntary Lones or Benevolence by Privy Scal which was neither burdensome nor dishonourable being so petit in the Purses of the ablest Subjects But Compulsion I know of none unless you call the Star-Chamber to the accompt the Mulct and Fines of great Offenders and perhaps adjudged by that Court to some value as the Crime deserved which might be suspected in favour for Support of the Kings occasions Yet you will find when such happened it was in the excess of unparallel'd crimes not in other Courts of Iustice lyable to examination or punishment which as it was in Terrorem populi so now in these our later daies being suppressed in favour and liberty of the Nation the wickedness of sinfull man takes freedome to offend in such horrid waies that nought but some such extraordinary course of Justice can possibly reform Pawning of Iewels and Plate had been frequent by all former Princes and that not in ordinary waies Aurum Iocalia faenetri sancti Edwardi Confessoris Vasa aurâ—a diversa Iocalia Nay Magnam Coronam Angliae Yes and Queen Elizabeth did it and no more need than He but he did not To assign Customes and pawn the next Subsidies to be granted hath been a device to draw on supplies the sooner Which he refused The Privy Seal indeed he made use of but very moderately in comparison of former Presidents if you examine the Records and Rolls of willing Subjects bountiful assistance Compulsory Waies have been Presidents to necessitated Princes exacted from Merchants-Strangers or to be committed to Prison and the English Subject little better favoured What will you say of Henry 8. ten per centum of all Goods Iewells Utensils and Land extremely rated per Sacramentum Suorum In that rank may be remembred a Custome called Liberalitas populi Curialitas ex voluntate nec de jure potest But in the gathering by Commissioners such threats were used as was little better than the violent and was customarily reduced down to Queen Mary indeed Queen Elizabeth had a little better cunning way to cozen them the more returning their bounty back again until they doubled the summ There is a Statute To compell Subjects to attend the Kings Service which was repealed by Queen Mary and that again repealed by Parliament of this King of which truly he made no other advantage than to send half a dozen refractory Puritans that troubled the State of his errand into Ireland and yet paid them good salary for their pains which had been usuall heretofore in the like case at their own cost Trading themselves I could shew Presidents for this also of other Princes engrossing trade of Commodities as one did with all the Wools at a long day and a narrow price and sold them over Seas with great gain The like of Tyn Corn nay bind all men to trade their staple to one certain place and yet themselves to places of more advantage And this was the glory of Queen Elizabeth stoop'd unto and took occasion to trade in when the gain was advantage though but in Strong-Beer Licensing Others also It was so ordinary heretofore to raise monies by licensing Trade non obstante Statutes and customs as that those grew to high Complaints yet necessitated Kings continued these non obstantes non obstante And this King found them in Grants for certain years in being and made no further example of them unless transporting of a quantity of undrest White Cloths to the Earl of Cumberland and some others and that upon good reason of State too Raising rates of Merchandize There will never want will in the Merchant to abuse each other and gain to themselves and therefore as all Princes have occasion and the increase of commodities requiring do raise the Rates and this was done cum consensu Mercatorum but of late the just Prerogative imposed it where the Merchants gain might give way if you could conceive it convenient to their conscience ever to acknowledge any gain sufficient Causa honesta sit ut necessaria ratio facili tempus idoneum Letting Customes to farm He did so some murmured grieving the Subject to pay Custome to the Subject but do they serve the
This Redemption I crave not as to my own person but with your benesits once given nor do I assume them very deep for I have voluntarily departed from the hopes of my Pension Place Office I onely cleave to that which is so little as that it will suffer no paring or diminution And as in my former Letters so by this I humbly crave of your Majesty not to let the practices of Court work upon your Son the Prince not fearing the sufferance of my loss in that particular so much for I cannot lose it but willingly all with it as for to take off the stage that which in the attempt may prove inconvenient And consider I pray your Majesty that my hope in desiring to pass these bad times was to be restored to my fortunes others are made unhappy by me if otherwise and then I lose my end I speak of impairing of changing or supplying as of any other way all such alterations and ruine are alike without I be worthy of your gift and that I can be worthy of all that Law can permit you to give or cast upon your Majesty by a more nearer Title as it doth by this I shall account them equal evils that leave nothing or a patched and proportioned one changed or translated from one thing to another But if your Majesty have any respects to move you to suspend your good towards me let that which is mine rest in your own hands till that you finde all opposite humours conformed to your purpose I have done wrong to my self thus to entertain such a doubt of your Majesty but the unrelenting of adversaries which when you will have them will sooner alter and that all this while I have received nothing of present notice for direction or to comfort me from your Majesty hath made me to expostulate with my self thus hardly for God is my Iudg Sir I can never be worthy to be if I have these marks put upon me of a Traitor as that tumbling and disordering of that estate would declare the divorce from your presence laies too much upon me and this would upon both I will say no further neither in that which your Majesty doubted my aptness to fall into for my cause nor my confidence is not in that distress as for to use that mean of intercession nor of any thing besides but to remember your Majesty that I am the workmanship of your hands and bear your stamp deeply imprinted in all the characters of favour that I was the first Plant ingrafted by your Majesties hand in this place therefore not to be unrootod by the same hand lest it should taint all the same kinde with the touch of that fatalness and that I was even the Son of a Father whose Services are registred in the first Honours and impressions I took of your Majesties favour and laid there as a Foundation-stone of that building These and your Majesties goodness for to receive them is that I rely upon praying for your Majesties prosperity I am in all humbleness Your Majesties loyal Servant and Creature R. Somerset I should not trouble you with the Marriage of the Lady Arabella Stuart and Sir William St Maure or Seymer both of kin to the Crown she by the Earl of Lenox in Scotland as I have before said 1577. and he Grandchilde to the third Son and the Heir of the Earl of Hartford created by Henry 8. whose Sister he married 1537. and by Edward 6. made Duke of Somerset and his Protector who stiled himself Edward by the grace of God Duke of Somerset Earl of Hartford Viscount Beauchamp Lord Seymer Uncle to the Kings Highness of England Governour of the Kings Person Protector of all his Realms Dominions and Subjects Lieutenant General of his Majesties Armies both by Sea and Land Lord high Treasurer and Earl Marshal of England Governour of the Isles of Gernsey and Jersey and Knight of the most honourable Order of the Garter and bears Gules two Wings conjoyned in Fess Or. Yet all these Honours rather helped him forwards to hop headless for Felony His third Son Edward was restored to the Earldom I Eliz. and this William his Heir And thus near the Crown in all Sovereignties are needfull to be narrowly lookt into for Marriage Queen Elizabeth did so at a farther distance of danger and her Father made it Treason in his time I say I should forbear more mention but that our Detractor begins at her Death in the Tower where she was imprisoned though her Husband escaped and says That it set mens tongues and fears a work that she went the same way having almost in his last words before told the story of Overbury impoysoned in the Tower by which he now enforces belief That her Death was so done for the Kings interest when in truth she died a year before in September 1615. There happened occasion at Common Pleas to dispute the Kings power in Commendams The Church being void and in his gift whether he might give a Commendam to a Bishop either before or after his Consecration during life or for years It was argued by Serjeant Chibborn against the King That the translation of Bishops was against the Common Law his Text was the Canons of the Council of Sardis That the King had no power to grant Commendams but necessitate That there would be no necessity because no need of augmentation of Livings No man being bound to be more hospitable than his means afforded And much more argument tending to overthrow the Kings Prerogative in cases of Commendams This case was to be farther argued in the Kings absence by all the Judges which he thought to protract untill they consulted with him and so commanded his Attourney General to signifie by Letters his pleasure to all the Judges The Judges notwithstanding at the day argue the Case and return answer by Letter to the King That they held those Letters to be contrary to Law and such as they could not obey by Oath and therefore had proceeded at the day appointed setting down the Case to be upon construction of two Acts of Parliament 25 Edward 3. and of 25 Henry 8. and now between Subjects for private interest and Inheritance That their Oath is That in case any Letter come to them contrary to Law they are not to obey them but to proceed to Iustice. And so they did the last Term 27. April 1616. The Judges subsign Cook Hobert Tansield Warburton Snâ—g Altham Bromley Crook Winch Dodderidg Nicols and Houghton The King returns them answer by Letter Reporting himself to their own knowledg his princely care for justice to be duly administred to his Subjects with all expedition and how far he was from crossing or delaying the interests of private persons But on the other side where the case concerned the high Powers and Prerogatives of his Crown he would not indure to have them wounded through the sides of a private person admonishing them of an
so honest and worthily deserving a Servant and so praiing God to bless this mie cure I bid you heartilie farewell Febr. 9. 1616. New-market James Rex Hereupon there was some appearance of his amendment which the Prince congratulates under his own hand My Lord Chancelour As I was verie sorrie having understood of your dangerous sickness so I do much rejoice of the good appearance of your recovery which Thomas Murrey hath declared unto me and of the affection and caee you have of my person and of mie Estate for which you and yours shall ever find me most willing to give testimonie to the World how much I respect those who are truly affected towards me I hope bie Gods grace to give you particular bie mie self and that God shall give you health and strength of bodie and mind that the King Queen and I with this whole Kingdom may long enjoie the fruit of your long wise and religious experience which wishing from my heart I end New-market Febr. 18. 1616. Yours Charles Pr. These being the last Letters and thus assured of the acknowledgement of his Masters favour toward his merit he takes leave of this Life the fifteenth of March following 14. of Iac. 1616. The Common-pleas or Comunia Placita is the Kings Court or Bancus Communis Anno 2. Edw. 3. cap. II. so called Quia Communia Placita inter subditos or controversies between common persons it was now held in Westminster Hall But in antient times moveable as appears by Magna Charta cap. II. And that upon grant of that Charter the Court of common-pleas was erected and settled and one place certain viz. at Westminster wheresoever the King lay and that after that time all the Writs ran Quod sit coram Iusticiariis meis apud Westmonast Whereas before the party was commanded by them to appear Coram me vel Iustitiaris meis simply without addition of place see Glanvile and Bracton the one writing in Henrie the seconds time before this Court was erected the other in Henrie the thirds time who erected this Court. All Civil causes real and personal are or were in former times in this Court according to the strickt Law of this Realm And by Fortescue cap. 50. it seemeth to have been the only Court for real causes The chief Judge thereof is called Lord Chief Iustice of the Common-pleas accompanied with three or four Assistants or Associates who are created by Letters pattents from the King and are installed as it were upon the Bench by the Lord Chancelour and Lord Chief Iustice of that Court. See Fortescue ca. 51. who sets down all the Circumstances of their admission The rest of the Officers are these the Custos Brevium three Proto-Notaries or principal Notaries called also Pregnotaries Chirographer Filazers in number fourteen Exigenters four Clerk of the Warrants Clerk of the Iuries or Iurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoines Clerk of the Out-laws The Common Law is so antient we know not the commencement Lex Angliae peculiar onely to this Land Of long time following the Conquest ever more quarrelled for enjoyment of antient Liberties until Henrie the third allowed English men English Laws add in his ninth year granted the great Charter which himself infringed and thereupon followed fourty years Barons Warrs as Histories stile them until in his fifty two year that Charter was again reviewed and compiled and solemnly sworn unto by succeeding Sovereigns The ground of which binds the King per Legem terrae and what is this Lexterrae Leges Anglicanae fuerunt approbatae consensu utentium Sacramento Regum confirmatae Lex facit Regem attribuat igitur Rex legi quod Lex attribuit ei viz. dominationem potestatem ubi non Lex ibi non Rex So then Lex fecit Regem Not so neither Kings in England before Lawes but indeed Communis Consuetudo Regni fuit Lex terrae This being the Law without commencement as the Genius to all and Parliaments Statutes Prerogatives of Princes Customes of Counties Cities Burroughs Mannors are but the species of it For general Customs made the Law authorities Parliaments Limits Prerogatives and Customes consonant or disonant to Reason so much for Communis Lex But in practice say some the Chancery is above Law and yet duely examined that also is allowed per Legen terrae as a species of that The reason thus The Common Law grounded upon general Maxims they might be too severe or too relax and therefore necessarily requiring Equity Secundum aequum bonum sanam consâ—ientiam And this Chancelour notwithstanding limitted by Law and erected by Law although it seems above Law For No Judge hath Jurisdiction without some grant or commission out of that Court under the Great Seal which is intrusted to the Chancelor No Judge can hold plea without an Original Writ framed in Chancerie and by his appointment returnable before the Judges and yet all these considered the King the Law the Chancery agree together The Chancerie then must needs be erected subsequent by the common Law to relieve and supply the Law in some cases where the simple subject was cosened by craft ignorance also may offend without malice Moses Law in divers cases Political and Ceremonial he could not decide uncleanness by touching the dead but referred it to God The name of this Officer is Dominus Cancelarius Angliae a a Cancelour do but then quere what he might cancel Some say it is Cancelare Iniquom legem commâ—nnem Iudicare secundum conscientiam but this is an errour will the Law give power to deface her self that made it The Chancelour cannot stay the course of Law but onely injunct the person not to follow the Law not to cancel the Law for notwithstanding this injunction if the party will sit out contempt and proceed at common Law the Judges cannot deny him Indeed rhis Officer hath his name of canceling the Kings Letters pattents so much of honour to the Law as the other way had been dishonourable The nature of Letters pattents bind the King and his Successors and all Subjects though unfit or unjust the Judges of Law are co judge it void but cannot deface it nor the Seal but the Chancelour as a Judge of Law may but not by his absolute authority by his ordinary power and course of common Law is to judge of it and to hold plea of it and to call the party interessed by process of Law and so to repeal it by Judgement and then cancel it which no person can do but And this was done Transversa linea circumducere vel conscindere aliquod Edictum decretum contra Principem aut jus Reipublicae impetrari which cancelling is made with Lines drawn across like Latices and it is said that Judgement seats were of old compassed with Latices or Barrs cross waies to defend the Judges and Officers from the prease of people and yet not to hinder