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
Criminal Kings Bench and Star-Chamber The Common-pleas is a Branch of the Kings Bench being first in one Court and after the Common-pleas being extracted it was so called as Pleas of private men The other the Exchequer for the Kings Revenue the principal institution thereof and their chief study and as other things come orderly thither so to administer justice Keep you within compass give me my right of private Prerogative I shall acquiesce as for the Prerogative of the Crown it is not for a Lawyers tongue nor lawful to be disputed It is Atheism to dispute what God can do his revealed Will ought to content us so is it contempt in a subject to dispute what a King can or cannot do the Law is his revealed Will. The Kings Bench is the principal Court for Criminal causes and in some respects it deals with Civil causes The Chancery a Court of Equity and deals likewise in Civil The Dispenser of the Kings Conscience following the intention of Law and Iustice not altering Law nor e converso It exceeds all Courts mixing Mercy with Iustice. Other Courts are onely for Law and where the strictness of Law might undo a subject there the Chancery tempers it with Equity and preserves men from destruction The Chancery is undependent of any other Court only under the King Teste me ipso from which no appeal yet am I bound so to maintain others as this not to suffer wrong My Chancelour that now is I found him Keeper of the Seal the same in substance with the other stile He is witness my warrant was to him to go on according to Presidents in time of best Kings and most learned Chancellours The duty of Iudges is to punish such as deprave the Kings Courts and therfore it was an inept Speech in Westminster-Hall to say that a Praemunire lay against the Court of Chancery yet it should not be boundless the King is to correct it and none else and therefore the King was abused in that attempt and now commands that none presume to sue a praemunire against it As all inundations are conceived Prodigious by Astrologers so overflowings of the banks of Iurisdiction is inconvenient and Prodigious to the State Let there be a concordance and musical accord amongst you keep to your Presidents authentick not controverted but approved by common usage of best Kings and most learned Iudges The Star-Chamber Court hath been shaken of late and last year had received a blow if not prevented by a few voices He descants on the name Star a glorious creature next in place to the Angels the Court glorious in substance compounded of four sorts of persons The first two Privy Counsellors and Judges wisdâ—m of State learning in Law The other two sorts Peers and Bishops to give Greatness and Honour to the Court the other of Learning in Divinity and the interest of the good Government of the Church So divine and humane Laws Experience and practice in Government are conjoined in the proceedings of this Court No Kingdom without a Court of Equity either by it self as in England or mixed in their Office that are Iudges of the Law as in Scotland and here in England where the Law determines not cleerly there the Chancery does having equity which belongs to no other Court punishing Attempts other Courts only facts and where the Law punishes facts lightly as in Riots or Combates the Star Chamber punishes in a higher degree as in Combinations Practises Conspiracies so being instituted for good give it the more honour Keep your Courts in harmony Iudges are Brethren the Courts Sisters the Muses to differ breeds contempt to either and disputes against each other turns pleas from Court to Court in circular Motion Ixions wheel the reason of Multitudes of Prohibitions causes are scourged from Court to Court like Tantalus fruit neer the Suiters Lip never to his Taste a delay of Iustice makes causes endless He tells them how he hath laboured to gather Articles an Index expurgatorius of Novelties crept into the Law look to Plowdens Cases and the old Responsa Prudentum if you find it not there then ab initio non fuit sic away withit To the Auditory he hath but little to say As he hath confirmed his Resolution to maintain his Oath the Law and Iustice of the Land So he expects their duty in observance of the Law and divides their submission into three parts First In general to give due reverence to the Law This general he devides also into three Not to sue but upon just cause Be content with Iudgement to acquiesce as he will do equal with theâ—â—eanest Subject Do not complain and importune the King against Iudgement It is better to maintain an unjust Dâ—cree than to question every judgement after Sentence as you come gaping for Iustice be satisfyed with the Iudgement but in Bribes complain boldly if not true from you expect Lex Talionis to accuse an upright Iudge deserves double punishment Secondly In your Pleas prâ—sume not against the Kings Prerogative or honour if you do the Iudges will punish you if they do not I will them and you Plead not new Puritanical strains to make all things popular keep the antient limits of pleas Thirdly change not your Courts as if to mistrust the justness of your cause but submit where you begin So he sums up all The charge to his Self Iudges and Auditory his excuse why he came not till now why now And because of his custome to deliver a charge to the Iudges of circuits He tells them now also As they are Iudges with him in that Court so Iudges under him and his Substitutes in circuits Itinerant to his people a laudable custome to go to the people in their Counties as they come up to them at Westminster-Hall That you go to punish as to prevent offences charge the Iustices of peace their duties take an accompt of them and report their Services to the King for the King hath two offices 1. To direct 2. To take an accompt from them to his Chancellour in writing and so to him Of these two parts the Nisi prius is profit for them and the other necessary for him therefore as Christ said Hoc agite yet illud non omittite and commends the office of Iustice of peace of high honour and repute They are of two sorts good and bad the good he will reward and prefer being as capable of his favour as any about him whomsoever the farther off in distance of place the more desert and his providence must reach to the end of his limits the good are industrious the bad idle contemplative Iustices are of no use And for the number as many hands make light work so too many make slight work As to the charge he will but repeat what he hath said heretofore Lectio lecta placet decies repetita placebit anent Recusants and Papists my greef when they increase there are three sorts of Recusants The first
Sovereigns choice Service And yet this Man â—ot long after proved the Contriver and the most malicious Prosecutor of such conspiracies as may be said to be the forerunners of that Kings miserable and final destruction I cannot learn whether he be living in this sin and so as yet spared for Gods mercy or unrepentant dead to his Judgments sure and suddain But to our business in Scotland In the next Assembly at Glascow the Bishops took upon them to inlarge their own authority in the Administration of all Church affairs And yet not willing to make any change though by the Kings command without brotherly approbation of the Ministers They assemble together and consent unto Articles of Government and power of the Bishops In which Assembly the Popish Lords supplicate for absolution and to subscribe to the confession of faith Huntley did so and returned to his own County Arroll went about it too but suddainly fell into such confused terror as offering violence upon his own person he was spared by his intercession of tears and prayers not to be forced against the reluctancy of his Conscience who in truth of all that sect shewed evermore much of tender minde to endeavour satisfaction to himself and so received more civility from the Church ever after Angus was most averse and had leave to banish himself into France where he died at Paris some years after There had been a good progress in Scotland for quieting the Clergie and renewing the repute of the prelacie And therefore the Arch-Bishop of Glascow with the Bishops of Brigen and Galloway having audience of the King in relation to the affairs of the Church of Scotland Told them with what care and charge he had repossessed the Bishopricks out of the hands of the Laity and other sacreligious pretenders and settled them upon reverend Men as he hoped worthy of their places But since he could not consecrate them Bishops nor they assume that honor to themselves and that in Scotland there was not a sufficient Number to enter charge by Consecration he had therefore called them into England that being here consecrated themselves they might give ordination at home and so the Presbyters mouths stopped For they had maliciously and falsely reported that the King took upon him to create Bishops and bestow spiritual Offices which he never did always acknowledging that Authority to belong to Christ alone and whom he had authorized with his own power One thing admitted dispute The Arch-Bishops of Canterbury and York always pretended Jurisdiction over Scotland and so now this consecration might be taken as a voluntary subjection to this Church But therefore London Ely and Bath performed it to them and they ordained others at home And carried back Directions for a High Commission Court also for ordering of causes Ecclesiastical which were approved by their Clergie and put into obedience From these good Men The King fished out the behaviours of his Council there and therefore to settle them in terms of honor and state at their Table they were to convene twice a week and None to stay in the Room but Counsellors nor any solicitations there But being come instantly to take their places sitting not standing unless they pleaded for themselves and then to rise and stand at the end of the Table for they were wont to quarrel and to cuff cross the board No Counsellor to be absent four days without leave of the rest Each single Counsellor to be Justice of Peace in all the Kingdom to preserve respect to their places they should not trample the streets on foot but in Coach or Horse-back with footcloths This brought some esteem to that Board who before were bearded by every Kirk-Iohn or Lay-Elder And after this posture of Governing Patrick Stewart Earl of the Isles Orkney and Yetland was sent for to humble himself to imprisonment A Custom also which was setled in the Council to command any Malignant to be in Ward by such a day or else to be horned Rebell This great man at home is there humbled before the Bishop of Orkney and is by him examined so soon is the Kings ordinance obeyed His Crimes grew up from his poverty made so by his own riot and prodigality which now he seeks to repair by shifts of Tyranny over the people under his Command and being by the Bishop reported so to the Council he was committed to Prison untill the pleasure of the King deals further in Mercy or Justice But to exercise that Nation by degrees of punishment he was afterwards released and returned home to better behaviour wherein he became for the future so faultie that two years after he was executed We have hinted heretofore the Kings business at home which in truth was his wisdom to wade through To suppress the trayterous designes of the Papists and to settle the fiery dispositions of the Schismaticks for the first their own violent progression in their late Pouder-plot drew upon them publick lawes of chastisement But these Other alas their Motion now not so violent yet perpetual the more warily to be dealt with And because no disputes Arguments nor Policies could reduce them therefore the spiritual high-commission-High-Commission-Court took some course moderately to regulate their Insolencies Busie this Parliament had been in disputes of the Common and Civil Laws The first strained to such a necessitary power as in short event would mightily qualifie the other to nothing Besides this Session sate long and supplyed not the Kings wants wasting time as ever sithence in seeking Grievances To palliate the Lower-House some Messages had informed his necessary expences and to both Houses the new Treasurer late Earl of Salisbury opened the emptiness of his Office And at last the King speaks for himself at a Meeting at White-Hall He spake well and now prolix which yet I must present thus long Perfect Speâ—ches open the times and truth to posterity against our Carping Adversary I need not quote his pages take his whole History passionately and partially distempered throughout The King forgets not their late loving duties and therefore recompenseth them with a rare present a Chrystall Mirror the heart of their King which though it be in Manu Domini so will he set it in oculis populi The principal things says he agitated in this Parliament were three First Your support to me Secondly My relief to you But the third How I would govern as to former constitutions or by absolute power He begins with the last That Monarchy is the supremest thing upon Earth illustrated by three similitudes First out of Gods word You are Gods Secondly out of Philosophie Parens patriae Thirdly out of Policie the Head of this Microcosm Man For the first The attributes of God Creation Destruction Reparation to judge and not be judged and to have power of Soul and Body so of Kings and can make of Subjects as at Chesse a pawn to take a
Bishop or Knight to cry up and down their Subjects as their coin And as their Soul and Body to God so to the King affections of the Soul and service of the Body And he justified the Bishops late Sermon of the Kings power in Abstracto to be true Divinity But then as to the general so to exhort them how to help such a good King as now they have putting a difference between Power in Divinity and the setled state of this Kingdom For the second fathers of families had Patriam potestatem vitae et Necis for Kings had their original as heirs from them planted in Colonies through the world And all laws allow Parents to dispose of children at pleasure For the last The head judgeth of the Members to cure or cut off But yet these powers are ordained ad correctionem non ad destructionem and as God destroys not but preserves nature so a father to his Children a Head to his Members But then he distinguished the state of Kings in Original and of setled Monarchs For as God in the old Testament spake by Oracles and wrought by Miracles yet after the Church was setled in Christ and a cessation of both he governed by his revealed Will his Words So Kings beginning by Conquest or Election their Wills Lawes and being setled in a civill policie set down their mindes by Statutes and at the desire of the people the King grants them and so he becomes Lex Loquens binding himself by a double Oath Tacitly as King and expresly by his Oath at Coronation a Paction with his People as God with Noah If otherwise he governs them a King turns Tyrant Either govern by Law says the widow to Alexander Aâ—t ne Rex sis There needs no Rebellion against evil Kings for God never leaves them unpunished And concludes That to dispute what God may do is Blasphemy but Quid vult Deus is Divinity so of Kings Sedition in Subjects to dispute a Posse ad Esse He professes Reason for his Actions and Rule for his Laws He dislikes not the Common Law favourable to Kings and extendeth his Prerogative To despise it were to neglect his own Crown The Civil serves more for general learning and most necessary for commerce with Nations as Lex Gentium but though not fit for the general Government of this People yet not to be therefore extinct not to prefer Civil before Common Law but bounded to such Courts and Causes as have been in ancient use as the Courts Ecclesiastical Admiralty of Request reserving Common Law as fundamental Prerogative or Privilege King and Subject or themselves Meum Tunm No Kingdom in the World governed meerly by Civil Law their Municipal Laws always agree with their Customes God governed his People by Laws Ceremonial Moral Iudicial Iudicial onely for a certain people and a certain time Example If Hanging for Theft were turned to treble restitution as in Moses Law What will become of the middle Shires the Irishry and Highlanders If fundamentally be altered Who can discern Meum tuum It would be like the Gregorian Calendar which destroys the old and yet this new troubles all the Debts and Accounts of Traâ—â—ick and Merchandise Nay the King avows by it he knows not his own age for now his birth-day removes ten days nearer him than it was before that change And yet he desires three things to be cleared in the Common Law and by advice of Parliament 1. That it were in English for since it is our Plea against Papists for their language in Gods service an unknown Tongue Moses Law being written in the Fringes of the Priests garments so our Laws that excuse of ignorance may not be for conforming themselves thereunto 2. Our Common Law is unsettled in the text grounded upon Custom or Reports and Cases called Responsa Prudentum Indeed so are all other Laws save in Denmark and Norway where the Letter resolves the circumstances making variations that therefore so many Doctors Comments so many different Opinions the Iudges themselves disclame and recede from the judgment of their Predecessors the Parliament might set down Acts of Confirmation for all times to come and so not to depend on uncertain opinions of Iudges and Reports nay there are contrary Reports and Presidents The same corruption in the Acts of Parliaments which he called Cuffing Statutes and penned in divers senses and some penal which no man can avoid disagreeing from this our time yet no tyrannous or avaritious King would endure 3. For Prohibitions he hath been thought to be an Enemy to them he wishes that each Court might have limits of Iurisdiction certain and then if encroached upon Prohibitions to issue out of the Kings Bench or Chancery and so to keep every River within his proper banks The abuse and over-flowing of Prohibitions brings in most Moulture to their own Mill. The King had taken it in task in two or three several Meetings before and after a large Hearing he told them Ab initio non fuit sic And therefore ordered each Court to contain themselves within their own bounds That the Common Law be sparing of their Prohibitions also and to grant them 1. In a lawfull form but in open Court onely 2. Upon just and mature information of the Cause for as good have no Sentence as not Execution He instanced in a poor Ministers Case thereby enforced to forbear his flock becomes non-resident obtains a Sentence and expecting the fruit is defrauded by Prohibition like CHRIST'S Parable That night shall his soul be taken from him Tortured like Tantalus gaping for the Apple it is pulled away by Prohibition And concludes with the difference of true use and abounding in abuse to be considered The second general Ground Grievances are presented in Parliament as the Representative of the People the highest Court of Iustice but concerns the lower House properly The manner opportune in Parliament or inopportune as private men but then not to be greedily sought for nor taken up in the streets thereby to shew that ye would have a shew made of more abuses than in truth of cause not to multiply them as a noise amongst the People So that at the very beginning of this Session each one multiplied and mustered them as his Spleen pleased He therefore thanks them for that these finding many such Papers stuft up in a Sack rather like Pasquils than Complaints proceeding more from murmuring spirits they made a publick Bone-fire of them all a good effect of an ill cause So to take care to prevent the like lest the lower House become the place for Pasquils and may have such Papers cast in as may contain Treason or Scandal to the King and his Posterity the ancient order was to be openly and avowably presented to the Speaker first He confesses that they are just and faithfull to their Trust to be informed of Grievances and acknowledges that his publick Directions and Commissions may be
their view Chancells were so divided from the body of the Church and thereupon so called And the Lord Chancelour and Lord Keeper have one power by Stat. anno 5. Eliz. So then you see how and for what he hath his name And though his Authority be highest yet it is given to him by the Law and proceedeth in course of Law not according to conscience but Law That all Justice runs from the Supreme power so by the Chancelour to all Jurisdiction A man complains of wrong or sues for right in Chancery from which Bill of complaint issues a precept commanding the Defendent to appear at a Day So then a man may not be sued before he have a Writ or Breve from the Chancelour a singular regard to the meanest The very Writs of Chancerie are prescribed by Law and a form registred in Chancery and if not accordingly issued out the Judges will reject them called in Law Abating of the Writ His Authority to judge is of two sorts by common Law or Positive Law Potentia Ordinata Processe pleading judgement Potentia Absoluta by Processe according to the Law of Nature viz. to send for the party to answer upon Oath to examine if he will not answer yet the Chancelour cannot condemn him in the cause for obstinacy Potentia Ordinata mispleading on either part may mar the matter and the judgement must be according to Law however the Equity of the case fall out But if the pleading be by Absolute Power though the party misplead if the matter be good the Iudgement must be by equity and not as the pleading be either formal good or bad or as the law will in the case The Question followes whether that conscience whereby the Chancelour be simpliciter and to be simplex conscientia or Regulata Viz. To be ordered by course of Court former Presidents and if no Presidents whether Reason in codem respectu may take cognisance of the cause viz. A rich Father to suffer an honest son to beg or a rich son contrario the Chancelour cannot Hereupon we may conclude that his Authority judicial both Ordinata and Absoluta Potestas are limitted by the Law of the Land For in the Ordinary he is tyed to the strict rule of Law and by the Absolute he is ruled though not by the course of law yet he is to deal per regulatam conscientiam but in any case not to contradict what Law hath allowed But to conclude his Absoluta Potestas by what means he should find out truth Truly it is without limitation only to be referred to his own Gifts and the grace of God that gives Wisdom Sir Francis Bacon succeeded Elsemere Lord Chancelour though a wonder to some so mean a Man to so much preferment he was then Atturney General and as others by that placc and in the usual way of preferment time beyond memory come to high Office of Indicature either there or to other Benches and so did he But his Mis-deeds afterwards turned him out of all and he dyed poor and private See Anno 1621. And as his Genesis of preferment came to the chair of State so the Exodus of the Treasurer Suffolk in his Office brought him to the Star-Chamber and the Glory of the new Chancelour Chair-man there to sit in censure upon him and so to set out himself in his Matchless Eloquence which he did then by Sentence as the Mouth of the Court as all others had done Their abilities affording them several waies and manners in that Court more particular as their Qualities concern them to distinguish So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset He now finding the Fate of Court-policy final in this Lord and his malice at Liberty to speak what he list Parrallels this Lords Crimes with other such corrupt Treasurers raking Presidents of all former Predecessors Even from Randolphus de Britton who was sentenced to lose all lands and goods but was restored to him and fined 3000. 1. for misusing K. H. 3. Treasure Such another was Treasurer of Ireland Petrus de Rivallis and of great command also high Chamberlain of England to Edw. 1. his Offences were Bribes of all men poor and rich Religiosis quam de Laicis fined and ransomed So did the Abbot and Moncks at Westminster took out of that Kings Treasury there ad inestimabile Damnum Regis Regni For which these privileged pretenders could not be exempt from Tryal and the Temporalities of the Abby seized for satisfaction till which time of payment they suffered Imprisonment Nay Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then though small but a hundred pound of the Earl of Monteallo ut amicus in agendis negotiis versus dominum Regem lets him escape Prison to do his buâ—inesse and given of free Will and ex curialitate sua yet in those dayes it amounted to Extortion But he had Additionalls having indicted Iohn de Eugam of Tresgass for the Mannor of Fisby to which the King had title and imprisoned him and when another Mannor was conveyed to the Bishop for Courtesies done diversas curialitates Eugam was set at liberty but it seems the Bishops plea would not serve his turn That the King would rather punish by Imprisonment than fine And those good times accounted it Bribery Again the Bayliff of Oxford was committed for arrears of one hundred pound in his accompt and the Mannor of Calcat conveyed to the Bishop for satisfaction yet because he was of pure Devotion discharged by the Bishop these cases all three were condemned of Extortion and Bribery and the Bishop soundly paid for it by his purse and imprisonment In Edw. 3. He imprisoned William Lord Latimer with punishment and fine being in Commission to pay off the Kings debts he compounded for eighty per centum and 30. for 40. by which saies the Record he turned it upon the King to be a Bankrupt Compounder So did the Baron Nevil bought the Kings debts of the Army and though he pleaded that they forgave him the Remainder freely yet was he fined Such like as these were brought Examples to raise the Offence of this Lord Treasurer of himself as of high birth so most Noble and without doubt disdaining to commit base crimes but whether the guilt of Sir Iohn Dingly one of the Tellers in Exchequer an intimate Servant to the Secrecies of Suffolks Countess or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of Or the vain and monstrous expence heretofore of that family All that could be besides the necessity of Court-Fate cast in his dish was the imbezeling the monies lately paid by the States of the Netherlands for redemption of the cautionary Towns Flushing and Bril and he fined thirty thousand pounds and Dingly two thousand pounds the
Man deserving to pay for all it being of his designing But the Treasurer was from thenceforth for some time trusted to Commissioners At Midsummer after the King comes to Star-Chamber then intending to settle his homea-ffairs for his resolved journey into Scotland which began the next Spring and therefore now the more to exalt the Seat of Iustice of which this Court was most eminent he discharges his duty to God and his people in a most excellent Discourse the character of his inward inclination to Iustice and Piety His MAIESTIES SPEECH at his first comming to the Star-Chamber He begins with Scripture Give thy Iudgements to the King O God and thy righteousness to the Kings Son the literal sense upon the Prophet David and his Son Solomon godly and wise the mystical sense upon God and Christ his eternal Son just and righteous from which imitation all Governments especially Monarchies have been established Kings are properly Iudges and sit in the Throne of God and thence all Iudgement is derived from the King to his Magistrates not to them Privative but Cumulative So the Council of Jethro to Moses the Iudges were deputed for easier questions the more profound left to Moses So all Christian Kings govern whereby appears the neer Conjunction God and the King upwards the King and his Iudges downward the King to settle the Law of God and his Iudges to interprete the Law of the King Thus a Jove principium he comes to his Errand I. Why he came not to speak here in fourteen years as his Predicessors have done often especially Henry 7. from whom the King is descended doubly to this Crown and so desires to follow him in his best actions 2. Why he comes now For the first Though he had been an old King when he came hither and well practised to Government from twelve years of age yet here he resolved with Pythagoras to keep silence for seven years That Apprenticeship ended the Impediment was the choice of some worthy Cause betwixt King and some Subject or Subject and Subject The one might seem partial as for himself the other oblique in favour of a party But twice seven years his whole Reign here brings him openly to speak now publickly concerning the reformation of Iudicature in Westminster-Hall which heretofore he had in part delivered in private occasions Dividing his Charge 1. To himself 2. To the Judges 3. To the Auditory First He protests that as Confirmation follows Baptism so now he renews his Oath of Coronation in Justice and Law the common Law of the Land He never pressed to alter but as in the union of his person so he eudeavoured it real to conform Scotland to England not this to that anent the prophecy of his Grandfather Henry 7. That the lesser Kingdom by marriage would follow the greater not the greater the less and therefore married his eldest Daughter Margaret to James the fourth the Kings great Grandfather And so blames that nice opinion that the Union of Great Brittain would alter our Laws which he ever declined as a Maxim in matters of State and Policy Innovation and alteration makes it worse that he was sworn to these Laws and to alter them had been perjury in him Iustice may be moderated by him with mercy but in matters of Iustice he will be blind to partiality to hasten Iustice never to delay He distinguishes the Law The Inheritance of King and Subject to be determined by the Common Law set down by our Forefathers and expounded by learned men in their Comments and called Responsa Prudentum or by Statute-Law and this is Law of Inheritance The other Law Gods Law governs all Common and Municipalls as Dependents and he complains of the neglect of Divine Laws and disrespect to the Ministers of the Church which is the most pure and neerest the primitive and Apostolical Church in doctrine and discipline of any in Christendome Next to this is the Civil Law the Law of Nations It satisfies strangers and his own subjects in matters of Pyracy Mariage Wills which Law he divides Civil and Canon and complains of the contempt upon it and concludes his own charge to maintain so to purge it from two corruptions Incertainty and Novelty to cleer it to the people by advice of Iudges and to purge it of Niceties introduced by Iudges themselves And so as the Pastor takes the Sacrament himself and then distributes so he to them least it be said Turpe est Doctori cum culpa redarguit ipsum The charge to the Iudges consists of three parts To do Iustice Generally Indifferently Fearfully Generally uprightly as to answer God and the King aud punishment from either Indifferently to all parties King and Subject Subject and Subject without delay partiallity clean and uncorrupt Fearfully Not your own conceits for you are no Law makers but Interpreters Jus dicere not Jus dare For you have no voice in Parliament but to advise And though some Laws are obscure and may be better known to you by Books and Presidents yet their interpretations must be subject to common sense and reason Ratio est anima Legis cleer Law or solid Reason But where the formality hath no place as in Denmark the State is governed by written Law no Advocate or Proctor only the parties plead and the Law is read and so sentence He complains of our curious wits Various conceipts different actions and several examples which breed questions in Law But if plain it speaks it self if otherwise as inventions abound they are to enterprete and draw a good Minor of natural Reason out of a Major of direct Law and so will follow a true Conclusion though common Law be a Mystery and your interpretation be not understood yet by the reason of Logick and common sense it will be false And as they are Iudges and divided into Benches so they must confer debate not single opinions per emendata suffragia and thus in generall to their Office And as to their Limits First Not to incroach upon Prerogatives of the Crown deal not in difficult questions ere you consult with the King and Council otherwise is to wound the King through the sides of a Private person and herein commends some of the Iudges that of late rebuked and blunted the sharp edge and vain popular honour of some Pleaders at the Bar for meddling therein The mystery of the Kings power is not lawful to be disputed which seems to wade into the weakness of Sovereigns diminishes the mystical reverence of them that sit in the Throne of God Secondly One Iudicature not to invade upon others unsit and unlawful and herein he inlarges himself That besides Common-Law there are Courts of Requests Admiralty President and Council of Wales of the North. High Commission and every Bishops Court These shall keep their limits and bounds so the common Law shall not encroach upon them nor they on that In Westminster-Hall four Courts Two Civil Common-Pleas and Exchequer Two
with sickness and thereby unable to receive the Holy communion at the Church and shall declare in his conscience his sicknes deadly desire to receive the same in his house the Minister shall not deny him so great comfort there being three or four communicants to join with him according to the Order of the Church The Parents nor Pastor shall not defer the Baptism of infants longer than the next Sunday after the Birth unless upon reasonable cause nor shall they use private Baptism in their Houses but when great need requires and then the Minister shall not deny it in the form as at Church and the next Sunday declare the same and that the infant ought to be received into Christs fold That according to the primitive integrity care was ever taken for educating of children and catechising of them now altogether neglected The Minister shall therefore catechise them and in the rehearsal of the Lords Prayer Belief and ten commandments as in the Church-catechism is used and expressed And afterwards the said children shall be confirmed by Prayer and Blessing of the Bishop for the continuance of the grace of God in them That the inestimable benefits by our Saviours Birth Passion Resurrection Ascension and sending down the Spirit hath been at certain times remembred by the whole Church of the World And therefore the Minister shall observe those times and form his Doctrine according to the Text purposely to be chosen and proper for the day These were thus obtained proclaimed and obeyed and to this day called the five Articles of Perth ratified in Parliament there the next year and the last Parliament of this Kings time when a monstrous storm thickned the face of Heaven and the factious sort said it was a sign of Gods anger against those Articles others in derision of that sense said it was rather an approbation from heaven like thunder and lightning at the giving of the Law to Moses The Bishops had much ado to go on to Action for Papistry being a Disease of the Minde and Puritanism of the Brain the Antidote of both ought to be a grave and well-ordered Church to reduce them either simply or wilfully erring But those that were refractory and factious got the more of the mad crew swarming to such to seek the Communion and to receive their Doctrine and those that would not were excommunicate upon every ordinary and frivolous occasion Excommunication the greatest Judgment upon Earth that which is ratified in Heaven a precursory or prelasory Judgment of CHRIST in the end of the World and therefore not to be used irreverently as an ordinary Process derogate to Gods honour and the power of the Keys contemtible It is urged indeed not so much for the thing it self as for the contumacy and as God's judgment seizes on the least sin of the impenitent so Excommunication may in case issue out upon the smallest offence and not upon the greatest in another case But are these contumacies such as that the party as far as the eye of the Church can discern standeth in statu reprobationis damnationis given over to final impenitence It is therefore to be wished that this Censure were restored to the true Divinity and use in cases of weight To this purpose a Bill was drawn in Parliament 23 Eliz. the gravest Assembly of her time and recommended by the gravest Counsellour but for some politick Reasons was retarded We reade of three degrees of Excommunication in the New Testament the first called Nidui A casting out of the Synod Iohn 9. 22. A separation from all commerce society eating or drinking with any person from the Marriage-bed from washing and these according to the pleasure of the Judg and quality of the offence for thirty days or more he may be present at divine Service to teach or to learn others if impenitent his punishment was increased doubling or trebling the Sentence for time or to his death His male-children were not circumcised And if he died unrepentant a stone was cast upon his Coffin as deserving to be stoned and was buried without lamentation or ceremony and not in common Burial The second was called Cherem A giving over to Satan 1 Cor. 5. 5. It differed from the first degree because it was not sentenced in a private Court but in the whole Church and Maledictions and Curses added out of the Law of Moses At the publishing Candles were lighted and when the Curses were ended then the Lights were extinct even so the Excommunicate deprived of the Light of Heaven And thus against the incestuous person 1 Cor. 5. 5. and against Himenaeus and Alexander 1 Tim. 1. 20. The third was named Maran-atha viz. The Lord cometh and was instituted they say by Enoch Iud. 14. An Excommunication to death and so the phrase 1 Iohn 5. 16. There is a sin unto death viz. to deserve Excommunication to death In the Greek Church four degrees of this Censure 1. Those who were onely barred the Lord's Table all other benefits of the Church they might nay to stand by and see the Communicants and therefore called stantes 2. But he is admitted into the Church his place behinde the Pulpit and must depart with the Catechumeni such persons as were not yet baptized and so might not pray with other Christians 3. Degree admitted but into the Church-porch to hear but not to pray with others and therefore called Audientes 4. Degree such were onely permitted to stand quite without the Church weeping and requesting those that entered in to petition the Lord for mercy towards them whence called Plorantes So then they say Cain's Censure was the first and the last Enoch's The three sorts were borrowed from the three sorts of uncleaness which excluded people out of the three Camps 1. Nidui out of the Camp of God alone those defiled with the touch of the Dead 2. Cherem out of the Camp of God and Levi defiled of an issue 3. Maran-atha out of all three Camps God Levi Israel defiled with Leprosie From the Iews Greeks and Latines took the degrees of Excommunication The Emperour of the House of Austria with interwoven Marriages of Spain as aforesaid had so settled the Empire from other interests that no obstacle interposed their excessive ambition but their jealousies of the Protestant Princes and States whom they intend by degrees to reduce and in over-doing of this began the German miserable Distractions And because the Palatines too sudden accepting the Crown of Boheme was the immediat occasion I shall let in the Reader into that story The Kingdom of Boheme for many hundred years past enjoyed Sanctuary and Privileges to impower the free election of their King which is manifest in their Chronicles in many Bulls of their Emperours in their Kings Reversal Letters and divers other Examples and Antiquities Sundry practices have been against this free Election but never managed with more wiles than now Matthias the Emperour two
course but it fell out more fatal to him which lasted to the end and thereby wrought its best use In the midst of sufferings the bread of sorrow tastes better than the Banquet of fools for afflictions brings such mens souls to be Saints at the Mark which otherwise would be overgrown with too much Greatnesse His memorable abilities remain but in few and his compassionate infirmities common to all To expiate which he did as became him to do to the House of Peers prostrate himself and sins which ingenuously he acknowledged promising amendment of his life and made it good to the Worlds eye Those excellent works contrived in his retirement do evidently manifest his wit and worth with much regret to many good men that such an one should be fallen off from the face of State In Bacons place comes Doctor Williams Dean of Westminster by the Title of Keeper of the Great Seal of England the same power and Jurisdiction as the Chancelour see Statute quinto Elizab which was not so besore At first but as Vice-Chancelour Matthew Paris saith Custodiam â—igilli Regii accepit Cancelarii Vices Acturus Officium c. He was also then made Bishop of Lincoln together to make him more capable of the Office brought in sayes one to serve turns which no Lay-Man was bad enough to undertake Former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-man they best knowing a Case of Conscience and antiently the Civil Laws were adjudged by the Ministers of the Church and the Chancery and other Courts of Equity then in the charge of a Divine Minister And therefore a mistake in the Record that sets it down as a Wonder for an Arch-bishop of Saint Andrews to be made Chancelour of Scotland by King Charles a thing he saies not known in that Kingdom for three hundred years before for a Clergy man to bear that office But we find Iames Seaton and David Seaton both Arch-bishops of Saint Andrews and Chancelours of Scotland within one hundred years space And many other Arch-bishops and Bishops within three hundred years not only Chancelours but Judges of the Law Master of the Robes and other Offices of Judicature By which means their onely Bishopricks too poor they advanced to degrees of wealth enabling them to erect most of those sumptuous Fabricks of piety and Honour in that Nation and so in England by our Clergy by this man also in some measure So ran the Channel till Bacons father had it from a Bishop and now a Bishop has it again and had King Iames lived to have effected his Desires the Clergy had fixed firm footing in Courts of Judicature out of the rode of the Common-Law and this was the true cause of Williams initiation thither his quality thus fitted for the Kings intention He was in truth Chaplain to Buckinghams Mother and let into Court parallel in some degree with Cardinal Richlieus entrance by Queen Mother of France a Man may take view of these conformities not few if you consider proportions what is allowed to the Jesuit must rebate of the Reformed and what this man could not do in competition as the other his aim shewed his will but not the effect But at his entrance into this Trust comes two Bills signed from the King to be made Patents by the Seal the one for a Pension of two thousand pound per annum and the other for the Office of Earl Marshal of England both of them to be conferred upon the Earl of Arundel The first though with some regret in those unseasonable times to receive such large pensions which yet he sealed but took upon him to trench upon the Lord Treasurer Middlesex who willingly gave way to it for which they both had enmity ever after The later he refused upon these Queries 1. Whether in the Delivery of the Staff to the Earl his Majesty did not declare it to him for ease of the other Commissioners that executed it before with him and so to imply no inlargement of power which this Patent doth 2. Whether his Majesty means that this Patent leaping over the powers of the three last Earls Essex Shrewsbury and Somerset should refer only to Arundels own Ancesters Howards and Mowbrays Dukes of Norfolk who claimed that place by Inheritance the usual way and reference of Patents being unto the last and immediate Predecessor and not to the remote whose powers heretofore in these troublesome times were vage uncertain and impossible to be limitted 3. Whether that this Lord should bestow those Offices settled in the Crown as Sir Edward Zouches in Court Sir George Reynolds in the Kings Bench and divers others all which this Great Patent sweeps away being Places of Worth and Dignity 4. Whether my Lord Stewards place shall be for all his power of Judicature is in the Verge either altogether extinguished or at least subordinate to the Office A point considerable because of the Duke of Lenox who was Steward his greatness of Person and neerness of blood to the King And here he claws him 5. Lastly whether that the Offices of the Earl Marshall of England and the Marshall of the Kings house in former times distinct shall be now united to this great Lord A power limitted by no Law or Record but to be searched out from Heralds Chronicles Antiquaries and such absolute Monuments and thereupon this sixty years for Essex his power was cleerly limitted only as Marshall unfit to be revived by the Policy of this State And by these queries the Patent was pared which increased malice to the end of their Days Certainly there is a difference between the Earl Marshal of England and the Marshal of the Kings House See Lambert Archiron or of the High Courts of Justice in England The Marshall of England and the Constable are united in a Court which handleth only Duells out of the Realm and matters within as Combats Blazon Armory but may not meddle with any difference tryable by the Laws of the Land The Marshal of the Kings Houshold is united in a Court with the Steward which holds Plea of Trespass Contracts and Covenants made within the Verge and that by the Laws Articl super Cart. cap. 3 4 5. The honour of Lord Marshal is so antient as Thomas Lord Mowbray by Richard 2. was created Duke of Norfolk and the first Earl Marshal of England anno 1397. And so successively unto Iohn Lord Mowbray who dyed the 15. of Edward 4. anno 1475. and had issue one only Daughter married unto Richard Duke of York second son of Edward the fourth and was by his Father created Duke of Norfolk and Earl Marshall of England murthered in the Tower anno 1483 without issue Then comes Iohn Howard Son of the Daughter and coheir of Thomas Mowbray Duke of Norfolk and was by Richard the third created Duke of Norfolk but not Earl Marshall Nor was his Son Thomas
Hist. Gr. Brit. p. 10. Arch Bishop Whitgift dies The Translation of the Scriptures Gen. 19. Isay 29. Psalm 48. Psalms translated Catechizing commended Hist. of the World pag. 249. Gowries aniversarie day celebrated See 1600. 1608. Hist. gr Br. pa. 12. Comotion of some Commoners Parliaments beginnings Jury were Judges so Lilburn pleaded Parliament of King and Barons onely The Commons taken into Parliament Of the Parliament of England The writ to summon the Peers The writ to summon the Knights and Burgesses Oath of Alleageance Of Supremacy Ecclesiastical matters Lords Privileges Lower House Harmony of all King Queen and Prince ride in triumph First Session of Parliament The Kings speech in Parliament abreviated 2 3. Peace and Unity in Religion and Manners Union with Scotland intended Ambassadours for Peace Co and ch pa. Proclamation to conformity in Church-discipline Assembly of the Church in Scotland in spite of the King Hist. Gr. Brit. p. 27. The Kings second Son Charls created Duke of York Pouder Treason Pouder Treason the story Anno 1605. Fauks his Confâ—ssion of the Design Th. Winter's Confession of the Plot discovery and success The story pâ—t together in brief Second Session of Parliament Three intire subsidies and six fifteens Several Acts. The effect of the Oath of Alleageance Taken by Papists The Popes Bull against the Oath The Kings Apologie and Preface to take the oath Justified by forein Princes Jesuits divide the English into four sects Their opinion refuted See before anno pa. 1542. pa. 9 And Imprisonment as bad Best Counsel to convince them by Preaching Anno 1606. Leptons 〈◊〉 to York 〈◊〉 back King of Dâ—â—mark land◠〈◊〉 Graves-end Princes forâ—â—â—â— their liberties by coming into another Kingdom without leave The Earls of Northumberland and other Lords confederates in the Pouder Treason are committed Of the Star-Chamber beginning and ending The Letter Anno 1607. The union argued The Kings Speech in answer to their Arguments Post-nati confirmed H. G. Bâ— pag 41. Judg Nichols his true justice Gâ—ntry flock to London Proclamation in restraint of new buildings unless of Brick Anno 1608. Hist. Gr. Bâ—it p. 49. L. Treasurer Dorset dies George Spâ—ot a Conspirator with Gowry his story and execution His Coâ—fessions His Trial. Restalrig's Letter to Gowry and after the Treason Other Letters to Gowry as also his 〈…〉 Confesseth the Indictment Jurors names Verdict Sentenced as a Traitor Executed A marvellous sign of guilt Abbot Bishop of Canterbury being present History of the Church of Scotland p. 509. The Kings disbursments already 60000 l. 19000. 17428. 11000. 107428. The Scotish Secretary Balmerino's treacherous Letter to the Pope The occasion 1609. He is sent pâ—isoner to be tryed in Scotland His indictment His confession And sentence Anno 1609. Is reprieved and dies King James a mercifull Prince and restores his son in blood And he a traytor also to King Charles is also pardoned And proves an ungratefull wretch to his blessed Master The Bishops in Scotland inlarged their power Scots Bishops consecrated in England Who ordain others at home Council Table ordered The Earl of Orkney committed High commission-commission-Court The Session seek for grievances Hist Gâ— Bâ— ubique The Kings Speech to both Houses Of his Government Common Law and Civil Prohibitiâ—â—â— 2. Grievancâ—â— how to present them Not to meddle with his Office High Commission 3. The cause of calling the Parliament The quality how to give The quantity His expences Reasons for his liberality Conclusion 1. Religion The Common-wealth Proclâ—mation against â—ncrease of buildings about London Truce between Spain and the Netherlands Siege of Juliers Duke of Guelders and Juliers c. his descent last of the race The Netherlands sometime subjects to Spain Henry the fourth King of France stab'd 60000 l. Parliament dissolved Henry created Prince of Wales their dignities See before Knights Bachelors Anno 1603. Ayd mony H. Gr. Br. pa. 52. False suggestions to be impoysoned Court and ch of King James pa. 84. Hist Gr. Br. pa. 52. Nearer Intention for Prince Henry to match with Spain See after anno 1624. Papists persecuted by Pens Chelsey Coledge founded and why H. Gr. Br. pa. 53. The Kings favorite Mountgomery Hist. Gr. Brit. p. 54. See 1612. Masks and Comedies at Court H. G. Br. pa. 54. Discussed Our Adversary a Poet and play-maker Contribution-money 111046. l Suttons Hospitall founded Absurd Excommunication and unchristian in Scotland The three Earls revolt So was Padie Paulo Popisâ—ly excommunicated Earl of Eglington illegally adopts an Heir to his Honors Arminius Vorstius their Heresies Vorstius his blasphemous Books The Kings message to the States Arminius The States Answer Further accusations And proceedings therein Bookes of Vorstius Heresies The King writes again against them all Vorstius is preferred Professor of Divinity Sir R. Winwoods speech concerning Vorstius His Tenenâ—s Pag. 210 212. 232 237. 308. 441. 271. Pa. 38. 43. Cap. 16. Pa. 999. Conclusion And Protestation States Answer The Kings Declaration against Vorstius See more in the Kings works And against his Bookes Legat and Whithman burnt for Herâ—sie Legats Heresies Whitemans Heresies Adamites Incests Waldâ—nses â—in 〈◊〉 Anno 1612. I may be câ—nsured by some Robert Carr a favorite Hist. Gr. Br. pa. 55. Queen Mary of Scotland her corps inteâ—red at Westminster Anno 1586. Hist Gr. Br. pa. 62. Prince Palatine a suitor to Princess Elizabeth Prince Henryes sickness and death vindicated Hist Gr. Br. pa. 72. Lunary Rainbow His Corps viewed Interred at Westminster His character False suspition of poyson Hist. G. Br. pa. 64. Prince Palatine mâ—ried to Pâ—incâ—ss Elizabeth â—a 65. Sanquair a Scotish Baron hanged for murther Treasurer Salisbury dies His Fatâ—ers descent And preferments Earl of Salisburies preferments His Merits Court and ch King James pa. 12 13. Hist. Gr. Br. pa. .76 Court of Wards how erected and established Court of Wards how erected and established His Offices disposed to others Suffolk Lord Treasurer Rochester Chamberlain Sir W. Cope Master of the Wards and the Favourite made Secretary Sir T. Overbury his story A Friend to Rochester Dâ—sign'd Ambassadour Refuses to go The King wants money Sir Arthur Ingram Court and Ch. pag. 87. E. of Essex and his Countess Car and Overbury their stories intermixt Lady Rich divorced Hist. Gr. Br. pag. 68. Anno 1613 Hist. Gr. Brit. p. 69. â— of Suffolk petitions for his daughters divorce Delegates in commisâ—ion The Countesses Libell against her husband Essex's answer She is to be inspâ—cted by Ladies who repute her a Virgin and so do seven more â—adies Sentence of Nullity Signed by sufficient men Arch-bishop Abbots Arguments against the Nullity Answered The Countess marries Somersct H. Gr. Br. p. 72 Hist. Naâ— ch 28. Overburie designed to be deâ—troyed Earl Northampton dies His preferments to honour Against Duâ—lls Rebellion in Orkney The Earl convicted and executed his descent Oglevy a Jesuit his Examinations Plantations in America Hist. gr Br. p. 75. Cabot Virginia New England Elizabeths Isles Nova Francia Baronets created
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
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
Abatement of his writ Nor shall any Nobleman of any other Nation hold plea in England by his name of dignity but only by his name of baptisme and Sùrname Cook 7. part Nay though he mary in England and have issue here the Father dying his Son shall not bear titles of his Fathers Honour because the title had original by a forein Prince and not by English Peerage Nay a more strange case A Postnatus of Scotland or Ireland who is a natural Subject of this Land be he the Heir of a Nobleman yet he is none of the Nobility of England But if the King summon him by writ to Parliament and therein stiled by that foraign Title then from thenceforth he is a Peer of England 39 Edw. 3 36. But more and worthy observance A Knight of any foreign Nation shall be so named in all our Courts of Pleas for the highest and lowest dignities are universal 26 Edward 4 39 Edward 3. And so shall any foraign King be sued here by his Title otherwise the writ shall abate for observe the person of a foraign King shall be here impleaded for debt or trespass of life so an Ambassadour Pardon this digression and now we return to Scotland The King grants a Commissiâ—n to certain persons to see conditions performed by the Popish Lords in reference of their obedience to the Church and for them also to subscribe to conditions for peace and quietness to the King and Country under caution of 20000. And in particular for Huntley to be advised by some Lords assigned to counsel him especially concerning the Kings service But to prevent the Kings publick intentions comes over from foraign parts one Iames Gourdon with designes of Treason and to deterr Huntley from subscribing against him was publisht a Proclamation and a thousand Crowns to apprehend him At which time there was discovered a practiâ—e of surprizeing the Isle of Elsay in the West Seas for receiving forces resolved upon by the Spaniard to be sent thither The contrivâ—r of this design was Barklay the Laird of Ladyland who had escaped out of Glascow prison last year and now returned from Spain and was secretly gotten to this Isle being a high rock four miles compass and thereon an invincible Tower somewhat ruinate of difficult access which he meant to victual But was sodainly surprized by one Knox who landing on the shore Barklay was walking down the Hill to take view of the Company not mistrusting to be known And finding that he was thus betrayed ran into the sea and drownded himself The news whereof comming to the Popish Lords made them the sooner conform which they did forthwith The King thus inabled to command ordains several Commissioners to reduce such families in the North that were in fewds particularly these between Huntley and Murray as you have heard Huntley and Forbes Arrol and Ladwhern Drum Frendraught men of considerable fortunes and fewds so that the North was cleared and quiet And now the King reminds the late behaviour of the Malapart Minister Blake who was couvented before Commissioners at Saint Andrews his Church concerning his Treasonable speeches in his former Sermon whereof he had been convicted before the Council and was now further accused as wondrous factious and so condemned and turn'd out of all And thus visitations being made through all Churches and Presbyteries a strange reformation followed both there and in the University and not only Inquisition of their Doctrines and behaviour therein but also concerning the Managment of Lectures Offices Revenues Rents all out of order untill this blessed way of altering all for good But more especially in the Colledges in place of divinity Readings Politick questions were raised whether the Election or succession of Kings were the better Government How farr the regall power extended whether Kings may not be censured for abusing the same and deposed by the people The King therefore prescribes the professors their Theam The first Master to read the common places to the Students with the Law and History of the Bible The second Master to read the New Testament The third the Prophets Ecâ—lesiastes and Canticles The fourth the Hebrew Grammer with the Psalms Proverbs and the book of Iob. A Council appointed for the Universitie and that for their better improvement and studies the Doctors Professors and Regents not being pastors should be exempted from Church-meetings Sessions Presbyteries and Assemblies these Orders and Articles assented and sworn unto in presence of the King And being Northward where pittifull ignorance possesses the common people Amongst many one Margeret Attkin apprehended upon suspition of witchcraft and threatned with Torture confessed her trade and discovering her associates to purge the Country of all if she might have but pardon she gave her reason to be assured of their guilt all of that sort having a secret mark in their eyes by which she could certainly discover them to be witches and had by deceipt the Devil also assisting gotten credit and belief and so carried through the Country for discovery of others and divers innocent women by her asseveration at Glasgow through the ignorant simplicitie of Master Iohn Cooper Minister were put to death But some wiser than the rest altered the women into other habits whom she would then acquit and so she was sent back to Fife her first aboad and then hanged But belying her self in what she had confessed she was by some supposed not guilty and the King was moved to recall the Commission which authorized proceedings against such seducers And yet the fearfull abounding of these detestable slaves to the Divel moved the King to dispatch hastily a Treatise to the press of Doemonologie in form of a Dialogue and devided into three books 1. The discription of Magi in special 2. The discription of sorceries and witchâ—raft in special 3. The discription of all these kind of spirits that trouble men or women and the conclusion Against the damnable opinions of two principally in that age One Scot an English man who denies in print such a thing as witchcraft and so maintains the old error of the Saduces in denying of spirits The other of Wierus a Germain Physitian in his publick Apologie for all witchcraft discovering thereby himself to have been one of them The Kings indeavour is to prove two things That there have been and are such devilish Arts and secondly what exact tryal and severe punishment they merit And reasoning upon Genus he leaves species differentia to be comprehended therein for example In the first book Chap. 6. speaking of the power of Magicians He saies that they can suddenly by their spirits cause to be brought all kinds of delicacies since as a thief he delights to steal and as a spirit subtilly transports them under which Genus all particulars may be comprehended as bringing wine out of a wall c. proved by reasons of the general In the second bookâ— Chap. 5
when as by waiting the seasonable time he may be sure to finde the Gates of the Orchard open and with freedom to enter take and tast at liberty Sure it were a weakness and unworthiness in me to come in as an Usurper with offence and scandal to the Laws and present Estate of Government when I may in the right time clame the Crown as nearest Heir to the Prince deceased and possess it with equity Should I out of untimely ambition break the long continued and faithfully preserved Amity that by the proof of many mutual kinde offices hath taken root amongst us were an error inexcusable And though I do acknowledg your kindâ— affection in the offers you make of assistance I must tell you freely That no Prince can presume of any Subjects loyalty to himself that hath been unfaithfull and unsound to his own Sovereign nor could I ever look to be secure in a Kingdom so traiterously disposed And adviseth the Earl To forbear such Letters and when he did write which he wished but rarely and not but in great occasion to beware of any thing justly to offend the Queen lest by interception or other misadventure he might be disabled to serve him hereafter The Spaniards driven out of Ireland Ter Oen retires to his Fastness in Ulster the Deputy pursues him with a great Army burn kill and take all that come in their way of enmity divers of the chief Rebells submit whom the Deputy receives to favour and preferment somewhat the common sense before others of that Nation always loyal It was his wisdom so to do to quiet the Kingdom and quench the issue of Bloud by forgeting rather injuries past than for the present to reward the merits of others much deserving And it took effect also in the person of Ter Oen who tired with treachery his best defence and weared with a world of miseries in this time of Rebellion having leisure whilest he lurked to meditate and bring all together to the sadness of his soul he humbly offers his submission to the Queen and prays for pardon which she in distemper of health authorized the Deputy to promise and to receive his subjection which was done at Dublin in that State of Vicegerency the Deputy sitting in his Throne incircled with the most of his Militia Ter Oen whose wicked life had brought him to misery despicable to himself humbled him at the very threshold of the chamber prostrates his knees for pardon of his many offences of God and his Sovereign to whose princely clemency he flies as to Anchor-hold submits his life and fortune having heretofore found her goodness as he hath felt her power now seeks for mercy as an Example to everlasting memory of her present clemency assuring his years not so many nor his body so weak in power nor courage so cold but that by valiant and loyal service he may live to expiate his Rebellion Upon this score he was taken to favour and pleasure of the Queen now eight years after his first Rebellion brought to an happy issue under the Lord Mountjoy the Deputy the long destraction whereof added to the Queens age often distempers of the minde which settled into a sickness of her climaterick seventieth year and with a fatal longing to remove from London to Richmond in a foul day to talk of death and divorce between Her and her Kingdoms to whom she wedded her self she said When first she put on a remarkable Ring on her finger and never removed till now it was cut off And thus sadness increasing no wonder at what cause for she had many most men the multitude will have one to be forsooth the want of Essex such also were his admirers and none other of honesty or discretion Indeed the French King to curry favour had sent her Letters of suspition That the Nobility neglected her too much affecting the King of Scots that the dawning of her day should Sâ—n-set when too timely they endeavoured to adore the morning-rise And this was true her Ladies weary of waiting wish for a change and all together long for a Successor whom they advise to be sent for The Queen not so sick but to see this and complain'd That being yoaked she could trust to none and her Estate turned top-side turvey She was told also the frequent poasting to Scotland at which she did not repine having settled her affection on the Kings succession though not necessary for her heretofore to declare In March she hastens with some symptoms of deaths approach very froward and pettish evermore declining Physick and now onely took Medicines for the souls health communicated to her by the Arch-bishop of Canterbury in Discourse and Prayer The Lord Admiral Lord Keeper and Secretary Cecil came from the Council to know her pleasure for her Successour She said My Throne is for a King none other shall succeed me Ceâ—il asked her What King She said What other King than my Kinsman the King of Scots She was frequent in Prayer till her tongue was weakned into silence hands weary with heaving up or eys able to look out then after some time not stirring she leisurely turned her head with ratling in the throat and gave up the ghost to God Almighty on that day of her Birth from whom she had â—t seventy years since on a Thursday night this four and twentieth of March the last day of the year 1602. and in the five and fortieth of her Reign an Age and Reign not to be numbered by any one King of England before Her Successour said as much in his Preface to his son The like had not been seen or heard of since the days of Augustus And one speaking of her days We have lived says he in a timâ— of miracles Was it not a miraculous mercy that Queen Elizabeth that mâ—tâ—hlâ—ss Princess and Pearl of the World should in in these 〈◊〉 times be preserved in safety as a sweet harmless Lamb amidst so many merciless Romish Wolves who implacably thirsted for her pretious life Was it not a wonder that the sacred hand of that self-same crowned blessed Lady next under Gods Almighty one should in despite of all the Pâ—â—ers of Darkness and popish rage raise our trâ—e Religion as it were by miracâ—e from the dead a thing which the World hoped little to see that â—ven they which beheld it done scarcely believed their own senses that after the silver line of her most hououred life should be hid in the endless maze of Gods bottomless mercies from the fiery assaults of so many popish Bulls such a prodigious variety of murderous complotments against her sacred person and all these desperate Assassines of Rome who all her life long hunted full greedily after her virgin bloud And was not our Deliverance in Eighty Eight a miracle when the Sea fought for us There was a Day which as many of us remember the Papists called The long lookâ— for Day the
if they escape there and go disguised yet they may be disclosed by many if the punishment were not death but only immuring in dead walls The penalty of Recusants in a stock would pay the charges Perdat fiscus ut capiat Christus Here we finde extremes in both Councils certainly there is a medium neither Execution nor civill destruction for perpetual Imprisonment renders a Man civily dead a better way may be if we could hint it And why not thus Let Preachers use the spirit against them not as usual to wast an houre-glass to skirmish against government and discipline How can we draw others to our Church without a foundation of our own not like undiscreet Dogs to bark at all but to distinguish A child that sucks Popery from the breast must needs speak the voice of Papists It was the Kings saying and distinction A great cause of continuance of Papistry in common people is That being fuller of Pagentry than Doctrine and the old sent of Roman perfume The common obedience of coming to Church more expected than the instruction of private families or by publick Catechising The first Elements are to be learn'd at home and were orderly contained in the Book of Common-prayer by instruction first and then Confirmation of the Bishops This excellent foundation laid by the fathers of the Church should not be despised by their children In former times Ministers haunted the Houses of worthyest men Countrey-Churches with the best of the Shire Prayer and preaching hand in hand together then Papists smelled ranck therefore for shame they resorted to our Churches and Exercises This was the Counsel then but start-ups with intemperate zeal and indiscretion fore-ran the authority of the Magistrate censuring whatever agreed not with their conceits and now a days we finde the effect The King removes to Greenwich where amongst the ranting Riders at Court one Io Lepton of York Esquire and the Kings Servant made Matches of Horsmanship with the most in Court and to approve his skill and strength for a good Wager rode five several days together between London and York and so back again the next for May 20. Munday he set out from Alders-gate at three of the clock in the morning and came to York between five and six at night the next morn sent him to London at six and seven the next morn he set out to York and came thither at eight and so within half an hour the same time performed it and the last day came also to Greenwich to the King by nine of the clock as spritely and lusty as at the first day to the wonder of all till another do the like The King of Denmark out of singular affection to his Sister Queen Anne arrives in England and anchors at Gravesend where King Iames boards him unexpected and brings him a Guest to Greenwich for a Moneth with such entertainment as Peace and Plenty could possibly afford and so curious he was to take a view of things within his Level about London that disguised sometimes he took that advantage but most unwilling to visit the Tower when he found it a Prison though from thence he rode in triumph through London presented with Pageants and costly complements to shew him the wealth and love of this People He might be shy to shut up his Person having by the Law of Nations submitted his freedom by entring the bounds of another Prince without leave The Earl of Flanders found the effects when in his return from thence to possess his Inheritance of the Kingdom of Spain and being by storm cast upon our Coast King Henry 7. disputing some unkindnesses formerly received not usual with welcome Guests the Earl suspecting the danger was fain to yield to all the Kings demands which was hard in one point being to deliver up the Countess of Warwick and other Fugitives resident in Flanders that took Sanctuary in his Countrey and so had leave to depart The other and worse success may be from Mary Queen of Scots who forfeited her freedom by entring into England and afterwards her life by pretence of Treason as you have heard before though indeed she wrote to Queen Elizabeth for admittance but hastily landed without leave The Earl of Northumberland Henry Lord Mordant and Edward Lord Sturton not coming to Parliament according to Summons by Writ were more than suspected of the Pouder Treason and were committed to the Tower the Barons were fined in Star-chamber and after some durance paid the money and were released The Earl being deeply engaged was fined there also thirty thousand pounds and imprisonment during pleasure as all such Delinquents are which severity of Fine towards him was thought more extreme than usually since the erection of that Court he continuing Prisoner till 1619. and then paid but eleven thousand pounds in all the fate of that Family evermore false to the Crown as Sir Iocelin Piercy was used to say Seldom Treason without a Piercy Camera stellata belonging to the old Palace at Westminster and the 28 Henry 8. called the Starred Chamber then as now had one great Star affixed to the Roof and one over the Door The Court seems to have beginning from the Statute of 3 Henry 7. cap. 1. It is ordained that the Lord Chancellour Treasurer Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings Council and the two Chief Justices of the Kings Bench and Common Pleas or other two Justices in their absence should have power to punish Routs Riots Forgeries Maintenances Embraceries Perjuries and such like not sufficiently provided for by the Common Law But Queen Elizabeth enlarged the number of the Judges And so now it was honoured with all the Kings Privy Counsellours See Powel's Att. Acad. And though Delinquents were severely censured in terrorem Populi yet there was usually a day after every Term where they met to mitigate the Fines and Punishments afterwards to a reasonable summ and Penance This I put to memory because that Court is suppressed for ever by the late long Parliament There was much ascribed to the Kings wisdom in the discovery of this Pouder Treason but the Iesuits had a note of Cecil's name in their Register not against them as a Day-labourer that carried some few stones or sticks but the Master Workman whose forein and domestick Engineers wrought in this Mine of discovery And therefore was he calumniated with many contumelious Papers and Pasquils dispersed like Iob's Messengers one at the others heels He takes time to consider whether to begin a warfare of words against those with whom disputes are endless because their end is clamor untill it was fit to express himself in clear terms lest any of these clouds which are unjustly cast upon him might darken the brightness of his Masters royal minde which hath been always watered with the mildest dew of Mercy and Moderation Amongst many he undertakes one directed to
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
name and set the Lieutenant of the Tower is called and brings his Prisoner into the Court to the Bar the High Steward then declares to the People the cause why the King hath assembled those Lords and the Prisoner and perswades him to answer without fear freely and commands the Clerk of the Crown to reade the Indictment unto him and to ask him if he be guilty or not to which he usually answers Not guilty and to be tried by God and his Peers Then the Kings Attorney and Serjeants at Law give Evidence against him whereto when he hath given answer the Lieutenant of the Tower is commanded to return with the Prisoner from the Bar whilest the Lords do secretly confer in the Court together and then the Lords rise out of their places and consult among themselves and what they affirm shall be done upon their Honour without Oath And being so agreed or the greatest number they return and take their places again in Court and the High Steward demands of the youngest Lord first if he that is arreigned be guilty or not and so the next in order and the rest each one answering I or No. Then the Prisoner is sent for to the Bar to whom the High Steward recites the Verdict of the Peers and doth give Iudgment accordingly Stanford Pleas del Coronae lib. 3. Poult 188. The antiquity of this kinde of Trial by their opinion is grounded from Magna Charta but others take it to be more ancient though there inserted Henry 3. but was brought in by the Conquerour being answerable to the Norman and French Laws and agreeable with the Customes Feudal where almost all controversies arising between the Sovereign and his Vassals are tried per judicium parvum suorum And if a Peer upon his Arreignment of Treason do stand mute Iudgment shall be given upon his Indictment and yet shall not be pressed to death but saves the forfeiture of his Lands Statut. Westm. Edw. 4. Dier 205. But if upon Indictment of Felony he may be mute The reason of Magna Charta aforesaid is there expressed where he is indicted at the Kings Suit of Treason or Felony the words being Nec super eum ibimus we will not pass or sit in judgment upon him but by his Peers but if an Appeal of Murther or other Felony be sued by any common person against a Peer he shall be tried by common persons and not by Peers Stan. Pleas lib. 3. Brook Trial 142. But yet this Privilege hath some restraint For an Arch-bishop or Bishop though Lords of Parliament in such cases shall be tried by a Iury of Knights and other substantial persons upon their Oaths because Ecclesiasticks cannot pass in like cases upon Trial of other Peers for they are forbidden by the Common and Ecclesiastick Laws to be Iudges of Life and Death You see the great regard the Law hath to the word of a Peer heretofore upon his honour and yet how many ordinarily break their Oaths in common And thus premised we come to the case of Somerset and his Countess First therefore Sir Thomas Overbury for a time was known to have great interest and strait friendship with the Earl of Somerset both in his meaner fortunes and after in so much that he was in a kinde of oracle of direction unto him and if you will believe his own vaunt being indeed of an insolent and Thrasonical disposition he took upon him that the fortunes reputation and understanding of this Gentleman who is well known to have an able Teacher proceeded from his company and counsel and this friendship rested not onely in conversation and business at Court but likewise in communication of business of State for my Lord of Somerset exercising at that time by his Majesties special favour and trust the Office of Secretary did not forbear to acquaint Overbury with the Kings Packets and Dispatches from all parts of Spain France and the Low-countreys and this not by glympses or now and then rounding in the ear for a favour but in a settled manner Packets were sent sometimes opened by my Lord sometimes unbrokened unto Overbury who perused them copied them registred them made Table-talk of them as he thought good so the time was when Overbury knew more of the secrets of State than the Council-table did nay they were grown to such inwardness as they made a play of all the world besides themselves so as they had cyphers and Iurgons for the King and Queen and great men of the Realm things seldom used but either by Princes or their confederates or at the Court or at the least by such as practice and work against or at least upon Princes But as it is a Principle in Nature that the best things are in their corruption the worst and the sweetest Wine makes the sowrest Vineger so it fell out with them that this excess as I may say of friendship ended in mortal hatred on my Lord of Somerset's part It hath been said that Frost and Fraud ends foul and I may add a third and that is the frienâ—ship of ill men which is truly said to be conspiracy and not friendship for it happened that the Earl of Somerset fell into an unlawfull love towards that unfortunate Lady the Countess of Essex and to proceed to a Marriage with her this Marriage and purpose did Overbury mainly impugn under pretence to do the true part of a Friend for that he accounted her an unworthy woman but the truth is Overbury who to speak plainly had little that was solid for Religion or moral virtue but was wholly possest with ambition and vain-glory was loath to have any partners in the favour of my Lord of Somerset and especially not any of the House of Howards against whom he had professed hatred and opposition And that this is no sinister construction will appear when you shall hear that Overbury made his brags that he had won him the love of the Lady by his Letters and industry so far was he from cases of conscience in this point And certainly howsoever the tragical misery of that poor Gentleman Overbury might somewhat obliterate his faults yet because we are not upon point of civility but to discover the face of Truth for that it is material to the true understanding of the state of this cause Overbury was naught and corrupt in his commendation the Ballads must be mended for that point which paint him out other and partiality must be blamed which now a days favour him in malice to the memory of the ministers of these Times But to proceed when Overbury saw that he was like to be dispossessed of my Lords grace which he had possessed so long and by whose greatness he had promised himself to do wonders and being a man of an unbounded and impudent spirit he began not onely to disswade but to deter him from the love of that Lady and finding him fixed thought to finde a strong Remedy and supposing that
May it please your Majesty BY this Gentleman your Majesties Lieutenant I understand of some halt you made and the cause of it at such time as he offered to your Majesty my Letters but soon after your Majesty could resolve your self and behold me nothing so diffident of you but in humble language petitioning your favour for I am in hope that my condition is not capable of so much more misery as I need make my passage to you by such way of intercession This which follows after I offer your Majesty though not as to your self for upon less motive you can finde favour for me Now I need onely move not plead before your Majesty as my case doth stand for what I seek to have done follows upon what you have already done as a consequence and succeeding growth of your own act But to the effect that your Majesty may see that there is enough to answer those if any such there be as do go about to pervert the exercise of your Power and to turn it from its own clear excellency for to minister unto their passions I have presumed to this end to awake your Majesties own conceit upon this subject which can gather to it self better and more able defences in my behalf upon this view for though the Acts of your Mercy which are not communicable nor the causes of them with others as derived from those secâ—â— motives which are onely sensible and privy to your own heart and admit of no search or discovery to any general satisfaction and that under this protection I might guard my particular sufficiently yet my case needs not hide it self but attend the dispute with any that would put upon it a monstrous and heavy shape though that I must acknowledg that both Life and Estate are forfeited to you by Law yet so forfeited that the same Law gives you the same power to preserve as it doth to punish whereby your Majesties higher Prerogative doth not wrestle with it nor do you infringe those grounds by which you have ever governed so as the resistance is not great that your Majesty hath for to give Life and which is less in the gift of Estate for that the Law casts wholly upon your self and yields it as fit matter for exercise of your goodness Once it was your Majesties gift to me so it may be better not taken than a second time given for it is common to all men for to avoid to take that which hath been once their own And I may say farther that Law hath not been so severe upon the ruine of innocent posterity nor yet cancelled nor cut off the merits of Ancestors before the politick hand of State had contrived it into these several forms as fitted to their ends and government To this I may add that that whereupon I was judged even the crime it self might have been none if your Majesties hand had not once touched upon it by which all access unto your favour was quite taken from me Yet as it did at length appear I fell rather for want of well defending than by the violence or force of any proofs for I so far for sook my self and my cause as that it may be a question whether I was more condemned for that or for the matter it self which was the subject of that days controversie Then thus far nothing hath appeared wherein your Majesty hath extended for me your power beyond the reasonable bound neither doth any thing stand so in the way of your future proceedings but rather make easie your Majesties favour for my relief What may then be the cause that malice can pitch upon wherefore your Majesty should not proceed to accomplish your own work Aspersions are taken away by your Majesties letting me loose to the utmost power of Law with the lives of so many offenders which yieldeth the world subjects of sorrow rather than appetite to more bloud but truth and innocency protect themselves in poor men much more in Kings Neither ever was there such aspersion God knows in any possibility towards your Majesty but among those who would create those pretences to mislead your Majesty and thereby make me miserable If not this whereof the virtue and use was in the former time and now determined there is not any but your pleasure It is true I am forfeited to your Majesty but not against you by any treasonable or unfaithfull act besides there is to be yielded a distinction of men as in faults in which I am of both under the nearest degrees of exception Yet your Majesty hath pardoned Life and Estate to Traitors and to strangers sometimes the one sometimes the other nay to some concerned in this business wherein I suffer you have pardoned more unto them than I desire who as it is reputed if they had come to the test had proved Copper and should have drunk of the bitter cup as well as others But I do not by this envy your favours to any persons nor seek I to draw them into the yoak with my self but applaud your Majesties goodness being in that respect in a nearer possibility to come at me Besides this to Elvish your Majesty hath given Estate which is a greater gift than Life because it extends to posterity who was the worst deserver in this business an unoffended instrument might have prevented all after-mischief who for his own ends suffered it and by the like arts afterwards betraid it To this I may add Tresham in the Powder Treason upon whose Successors I do not cast any of his infamy yet he preserved himself to posterity so as what he or others sucâ— as he have defrauded by the arts of Law and whom their own unfaithfulness made safe I have much ado to hold by ingenuity and confidence How may it be because I distrusted not your Majesty or because it returned in your power from whom I had it is it in danger to be broken or dismembred Let me hope that there is nothing which by favour may be excused or by industry might have been avoided that will fail me where your Majesty is to determine It is not I that thus put your Majesty in minde oportunely it is he that was your creature it is Somerset with all your honours and envious greatness that is now in question Kings themselves are protected from the breach of Law by being favourites and Gods Anointed which gives your Majesty like privilege over yours as I took from Doctor Dun in his Sermon that the goodness of God is not so much acknowledged by us in being our Creator as in being our Redeemer nor in that he hath chosen us as that nothing can take us out of his hand which in your Majesties remembrance let me challenge and hope for for the first accesses of favour they may be ascribed unto ones own pleasing themselves but that appears to be for our sakes and for our good when the same forsakes not our civil desires
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
ordinary custome lately entertained boldly to dispute the high points of his prerogative in a popular and unlawful way of Argument not heretofore usual Making them senceable how weak and impertinent the pretence of their Oath was in a case of this nature as if the Founders of their Oath His Predcessors were so intent in their zeal to be uncharitable to make a weapon to wound their Successors being an ordinary course to put off Hearings and Determinings amongst private persons Termly And commands them peremptorily not to proceed further in that Plea till his return to London there to receive his further pleasure by himself Your Oath being only for avoiding importunites to the Prince of Suiters in their own particular The King come to London convenes them all to the Council Table and himself takes in sunder the parts of the Iudges Letter and their Errours in proceeding both in matter and manner In matter by way of omission as commission When the Counseller shall presume to argue his Supremacy at the Bar and they not reprove his Insolency Himself observing since his comming to this Grown the popular Sort of Lawyers most affrontingly in all Parliaments have troden upon his Preâ—ogative though neither Law nor Lawyer can be respected if the King be not reverenced And therefore it became the Iudges to bridle their impudencies in their several Benches especially the Courts of Common-Law who had incroached upon all other Courts High Commission Councils in Wales and at York and Courts of Requests For the Commission in Matter whereas their Letter excepted against his Majesties command to be against the Law and their Oath He tells them deferring upon just and necessary cause is not denying or delaying of Instice but rather wisdom and maturity Nothing more proper than to cousult with the King where it concerns the Crown As for the Manner The Kings absence before the Argument and yet his resolved return speedily and the case though lately argued could not receive Iudgement till Easter Term after as the Iudges confessed And for them to say that the case was private interest of party and party One of the Parties is a Bishop that pleads for the Commendam onely by vertue of his Majesties Prerogative And that they could not prove any Solicitation of either Parties for expedition And for the form of the Letter it was undecent besides to proceed and to return a bare Certificate without giving reasons therefore Upon this all the Iudges fell down on their knees acknowledging their Errour and craving Pardon But for the Matter the Chief Iustice Cook entered into a Defence That the stay by his Majesty was a delay of Iustice and therefore against Law and their Oath that as they meant to handle the Pleading it should not concern the King's Prerogative To which the King told him That for them to discern the concernment of his Prerogative without consult with him was preposterous And for those of Law and Oath he had said sufficient before Therefore he required the Lord Chancellour's opinion herein whether against Law and their Oath The Chancellour excused himself as to that of Law referring it to the opinion of the King's Council whereupon the Atturney General Bacon said That to put off the Day was no Delay of Justice nor endangered their Oath for the King's Reasons were onely that it concerned his Prerogative and required therefore a stay for a small time and advised the Judges whether this refusal of their did not rather endanger their Oath which was To counsel the King when they are called but to counsel after the matter is past was a simple refusal to give him Counsel at all And all the rest of the Council concluded with him The Chief Justice Cook excepted That the King's Council should plead against the Iudges being their duties to plead before them not against them Whereunto the Attourney replied That the King's Council were by Oath and Office not onely to plead proceed and declare against the greatest Subject but also against any body of Subjects or persons nay were they Iudges or Courts or House of Commons in Parliament and concluded That the Iudges challenge was a wrong to their Places and appealed to the King who was firm for them The Chief Justice replied He would not dispute it with his Majesty The King replied Nor with my Council So then whether you do well or ill it may not be disputed The Chancellour gave his opinion with the King and his Council Hereupon the positive Question was put by all the Lords Whether in a Case depending which the King might conceive himself concerned in power or profit and requiring to consult with them they ought not to stay proceedings All the Judges submitted thereto onely the Chief Justice excepted saying When that Case should be then he would do his duty But the Chief Justice of the Common Pleas said For his part He would always trust the justice of the King's command But the Day drawing nigh the next Saturday for arguing the Commendams the King desired the Judges to express Whether they would then argue upon the Kings general power of granting Commendams yea or no. They all concluded Not to draw into doubt his power but to insist upon the point of Lapse which they conceived to be of a form different from former Commendams and concluded to correct the insolencies of bold arguing the Prerogative Judge Doderidge concluded for the King That the Church was void and in his gift and might give a Commendam to a Bishop either before or after Consecration during Life or years The Judges being gone the privy Council resolved that the Kings desire was not against the Judges Oath nor against the Common Law to require and all of them subscribed to the same This Dispute was publiquely scanned and censured in favour of the Judges and on the contrary for the King but the truth I have really extracted out of the Records of the Council Table That you may thereby see the true scope of those times The State of Spain having little to do in Martial affairs K. Philip the third now in peace thought to spend some time in Treatiâ—s wherin he seldom failed of advantage The late French King Henry the fourth had 3. daughters the one maried to the Duke of Savoy which the Spaniard misliking to have those Neighbours lately so great Enemies now to be linkt in love without his Interest conceived it good policy to indeer the young King Lewis of France in a cross Match to his Daughter Infanta Anna and to marry his son Philip to the Princess Elizabeth the second daughter of Henry the fourth And thus those cross Nuptials might seem to cement the affections of the three States lately so imbroyled in War which no doubt either of them had good cause to accept though it was said S. P. Q. R. Spain Pope Queen-Regent had the chief hand to undo the young King For the Father Henry the fourth had made
Cradle we shall find him as it were begotten to an inheritance of true Nobleness and Courtlike grace in more real splendour than others that seemed to appear compatible with him they being onely made so by hand His life indeed was intricate sometime struggling with the by-paths-of Sovereign-favour and afterwards of State-affairs Which at last and at worst infected him with the disease of the times more malignant in his Counsellors and other his Confidents then in his own conscience or inclination and so drew him on by various disguises of subtilty with the composition of his good nature till the remain of his life was involved into Ingagements unstable the effects whereof smothered him in the uncouth deluge of destruction I have no adverse aim or end on either side of these two Lords to embase the freedom of my Opinion or Judgement being tryed into some purity of truth by my own knowledge of the former and of this other by more exact account than by most men or by any other pen may be expected But I am not delighted to urge out this story of the Lord Haies as not willing to speak evilly of any person of his Honour unlike Our Adversaries that spare none For we should know that virtue and vice are inherent in Man And as it becomes us to tell truth when we speak of their virtues so with modesty and compassion to discover their vices Either of them being examples for the future that to imitate this to shun And I cannot but with compunction remind that the monstrous excess of the Belly and the Back by his first President became then the mode of those Times for great Persons the most part to follow and for ordinary people to put in practice even to this day and may be feared for ever hereafter The Sword being sheathed up in the Scabberd Peace and Plenty brought the Law into esteem the onely over-ruling power to set men even by the ears and make them the more quiet ever after But then Cases increased so common that Conscience was troubled to reconcile them and made a Quarrel of Justice it self between Sir Edward Cook Chief Justice of Law and the Lord Elsmore Keeper of the Conscience who had the better of the Cause to the others ruine The Case was thus Sundry Citizens got Judgment in the Court of Common-Pleas by a juggling Trick that staved off an opposite Witness the Plaintiff nevertheless exhibits his Bill in Chancery against the Defendants who sit out Process of Contempt and refusing to answer are committed to the Fleet. And for their Relief exhibit their Bill in Star-chamber against the Lord Chancellour Elsemore grounded upon the Statute of 4 Henry 4 ca. 23. That the Iudgment given in the Kings Court â—hall not be examined in Chancery Parliament or elsewhere untill it be undone by Attaint or Errour c. and so thereby he had incurred Praemunire and the Chief Justice Cook interposed and encouraged the Complainants The Chancellour acquaints the King who sends to Bacon Attourney General Sir Henry Montague and Sir Randal Crue Serjeants at Law and Sir Henry Yelverton Solicitor these men report back That there hath been a strong current of practice and proceeding in Chancery after Iudgment at Common Law and many times after Execution continued since Henry the Seventh's time to this day in Cases where there is no other Remedy at Common Law unto which the Iudges are peremptorily sworn And with this Sentence on Elsmore's side the aged Statesman leaves the Seat of deciding and sits down himself to his devotions leaving the Seal to be born by Bacon But the manner of the dispose is mis-told by the Pamphlet who makes it the Chancellour's heart-break to be rid of the charge when in ttuth the Term come and Elsmore sick the King sent for the Seal by Secretary Winwood with a gracious Message That himself would be his Deputy and not dispose it whilest Elsmore lived to bear the Title of Chancellour nor did any one receive it out of the King's sight till he was dead nor long after And because we may be assured of the Kings gratious favour to that grave Chancelour see what he saies to him in two Letters following writ every word with the Kings own hand My Lord These shall first congratulate and thank God with you for your recoverie and growing to health again for which I protest to God I praied everie Morn and Eve since you was at the worst as oft as I praied for mie self And next you shall be herebie informed how senseable I am of that disgrace offered to that Court of mine wherein you sit especially at a time so unseasonable It cannot but be a comfort to you to know how every Man censured the pertiallity and barbarity of that action and for my part you maie assure your self it shall onelie be in your default of not informing me if I do not upon this occasion free my self from fascherie of any such inconvenients hereafter I mean of such jarring betwixt my Courts of Iustice for I will whollie upon your information and advice what course to take in the handling of this business assuring my self that your conscience and care for my honour and service will set me in a course for making such an example in this case as may settle good Government in like Cases hereafter and so I bid you heartilie farewell Febr. 25. 1615. New-market James Rex Thus the King writes then and continued unto this grave Statesman such gracious Favours and esteem to the last of his daies for a twelvemonth after this letter and not long before his death he writes again To the Right Trusty and Right Well-beloved Our Chancelour of England My Lord The Letter I wrote the last year from this same Town unto you proved so good a Cordial for your health as I am thereby incouraged to do the like at this time and as I both hope and praie for with the like success I cannot but be eztremelie sorrie for your want of health but I confess I am more sorry for the evil conceit you have of your own strength which makes me the more to presume upon the good Operation of this Physick of mine since I am sure it can work more upon your mind than anie other worldlie thing The Greatness of your place and the abilitie which God hath given you to discharge it to the honour of God and the great benefit of the Common-wealth is a cause sufficient to stir you up to be careful of your own health and even to fight against disease as far as you can but when you shall remember how evil I maie want you and what miss your Master shall have of you I hope that reason will be predominant to make you not strive but conquer your disease not for your own sake but for his of whom you maie promise your self as much love and heartie affection as might be expected from so thankful and kind a Master to