nor protection That the King hath not taken up wisdom of Government upon credit but carrieth still the Iethro of order in his own bosom disposing the mean causes to the Rulers over hundreds and fifties reserving the greatest to the greatness of himself And freely professes though he doth not participate with the follies of the Fly upon the wheel of fortune yet is he so far ambitious of his Masters favour as to be not so much his creature by the undeserved Honours he holds from his Majesties grace and power as in desire to be the shadow of his minde towards whose royal Person he glories more to be honest and humble than to command in any other Calling And to say that men resolved to die are Masters over others lives such power hath the least Spider by permission and if so that the days of his life were in their hands to take from him some moneths of joys so more years of sorrow but he believes not that the Mountains shake when the Moles do cast nor thinks he to purchace a span of time as for the fear of any mortal power Aut Deo aut Patriae aut Patri Patriae deesse Magistrates who converse with variety of spirits must undergo Tempests And their Glasses being done that glory which makes worthy men live for ever their Heirs shall inherit after them And therefore Suadeat loquent is vita non oratio Besides Romes powers are discovered her Towers taken and it is suspected that she will play so long with the temporal powers of Kings as their work will break down her walls so therefore it ill becomes their servants to slacken for fear of malice the Evening and the Night shall come upon them naturally one after another their faith shall ascend before them and their good fame shall follow after Et hic â—aculum fixit This next Session of this Parliament the Union was revived by motion of the Kings Solicitor Sir Francis Bacon to have the Scots naturalized by Act of Parliament after many subtil Arguments on both sides pro con and to allay the heat the King convenes both Houses before him at White-hall where with an excellent method he recounts all their former controversed Arguments and concludes with Reasons undeniable for unanimous consent to admit of the Union But to avoid their tedious Disputes I shall onely abbreviate the Kings Speech in answer to all He distinguishes his desires the Union which he seeks is of Laws and Persons such a Naturalizing as may compound one Body of both Nations Unus Rex unus Grex una Lex He unravels their intricate Arguments and sweetens them with his intentions 1. That all hostile Laws should cease because the King of England cannot war with the King of Scotland That community of Commerce is necessary He being no stranger but descended of their ancient Kings It were improper for him to be their natural Sovereign and the Nations strangers to one another and being both under the same Alleageance ought to have more freedom and better respect than Frenchmen and Spaniards 2. They all agree that they are no Aliens then must they be allowed to be natural That there was a difference the Ante and Post-nati of either Kingdom and therefore his Proclamations gave notice that the Post-nati were naturalized by his accession but he confessed that Iudges may err in that opinion who told him so so may Lawyers on their side but bids them beware of abusing either lest they endeavour to disgrace King and Laws who have power when Parliaments are not to try them for Lands and Lives 3. That there were some flatterers and would prefer the Ante-nati upon a jearing pretence to have their merit preferred in his service Mel in ore fel in corde But they shall know his Prerogative can prefer at his own pleasure to any Dignity though he is willing to restrain himself for respects to the English He urged it as a special mark of Prerogative to endow Aliens with freedom and where the Law is not therein clear Rex est Iudex he being Lex loquens supplying the Law where it wants thus he speaks as skilfull in the dues of Sovereignty intends not the pressure upon their love but with conveniency to both Kingdoms The inconveniences as from Scotland are pretended to be 1. An evil affection in them to the Union 2. The Union to be incompatible 3. The gain small or none Why then is there talk of Union They allege Reasons of the first from the body of their Act To remain a free Monarchy and not alter Fundamental Laws and yet it was urged heretofore The Scots greedy of this Union to attain to the substance and end These are contradictions but for their free Monarchy he hopes they mean not that he should set Garisons over them as the Spaniards do over Sicily and Naples He need not do so who governs them by his Pen and his Council-commands and his Chancellour there can govern their Tongues too not to speak as ye do what and as long as ye list without contradiction 1. He tells them the Laws of Scotland those of Tenures Wards Liveries Signiories and Lands are in effect drawn out of the Chancery of England brought by Iames the first who lived here and differ onely in terms 2. The second are Statute-laws to which he wishes they would be no strangers 3. The Civil Law brought out of France by Iames the fifth to supply the defects of the Municipal Laws In these respects the Laws alike why not the People First it is an Objection of yours that the King in Scotland hath not a Negative Voice in Parliament he tells them that the Form of Parliaments there inclines nothing to popularity their manner is by Proclamation to bring in their Bills to the Master of the Rolls by a prefixt day then to the King to be allowed by him and then given to the Chancellour to be propounded and no other If any man offers otherwise the Chancellour corrects him and being past the King confirms them rasing out what he doth not approve and if this be a Negative Voice he hath one Secondly that which seems so incompatible is the Union of the French and Scots He assures them it was a League onely between the Kings not the People the occasion was that England and France at one time solicited a League offensive and defensive against each others Enemies The reasons went for England being our Neighbours of one Continent strong and Powerfull Nation and so more security the Amity with England than France far off beyond Seas and hazarded to Accidents of relief Then they who argued for France alleaged that England ever sought to conquer Scotland and therefore never can be Friends The remoteness of France claimes no Interest and therefore more Constant and Faithfull and so it was concluded on their part But then it was concluded meerly Personall from King to King and to be renewed by their Ambassies
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-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
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
from Sea and got in for safety within the Mole Mansel having trained his men in the execution of their several Duâ—â—es and likewise appointed a Squadron of Boats with small Shot to rescue the Vessels of Execution both in the Advancement and Retreat The 21. of May the Vessels of Execution were all advanced but by reason of contrary windes were presently commanded to retire The next two nights being likewise in readiness they were becalmed and could execute nothing The fourth night with a fair Gale being advanced again and the Fire-ships almost recovered the Mouth of the Mole the winde turned to the opposite point of the Compass The Boats performed their Direction in towing the Ships but considering that by continuance of this course they should expose our principal men to hazard by the Ordnance and small Shot that played upon them they debate therefore amongst themselves what to do Captain Hughes that commanded one of the Brigandines replied Go on and give attempt by the Boats which they did crying out King Iames and fearless of danger even in the mouth of the Cannon and small Shot which showred like Hail upon them the English fired the Enemies Ships in sundry places and maintained the fight to the delight of their fellow-shipping that were lookers on so long as powder remained striving in the end who should have the honour to come off last which was left to the Captain Hughâ—s and so retired only with the loss only of 20 men and leaving the fire flaming up in 7 several places The cowardly Turks who before durâ—â— not shew themselves to these weak forces but from the Walls and tops of houses so soon as the English were retyred opened their ports and sallied out a thousand and so by help of Multitudes and a sudden shore of rain and a calm the fire was extinguished making some of their Ships unserviceable In which time of Service only one Frygat came out of the Moal which was forced back upon the Shore sunck one of their best men of War being manned with one hundred thirty Turks and twelve Christians whereof twelve onely escaped And took also a Fly-boat which the Pyrates had formerly taken from the Christians which was sold to Leghorn her merchandize to be exchanged for Pyrats goods and some money above two thousand pound Sterling The Turks manned out 3. Gallies to rescue her but were beaten by the help of the 3. Brigandines sent out to her succour Ten daies together the English attended opportunity to send in the Ships with the fire-Works to finish the former service done by the Boats but not a breath of Wind happened fitting for the Work So that in this time the Pyrates had boomed up the Moles with Masts and Raffs and set a double Guard upon all their Shipsâ— planted more Ordnance manned out twenty Boats to guarâ—â—â—he Booms and sent out Gallies and Boats for Intelligence hereof East and West-ward to all Ships abroad not to come in during the English abode which made Mansel retire with all his Ships and Merchants assisting him into the Road of Alegant where he received Order from hence over land to return home and to intrust four of the Kings ships into the hands of Captain Rogers and not long after the Plague and infection possessing his Fleet he was forced to return home without any other assistance The time come and Parliament sit in Ianuary The King enters them thus My Lords and you the Commons CUi multiloquio non de est peccatum In my last Parliament I made long Speeches to the lower House I have piped to you and you have not danced I have mourned and ye have not lamented And wills them to apply it to themselves not to spend long Speches That a Parliament is composed of a Head and a Body the Monarch and Estates first a Monarch then after a Parliament No Parliaments but in Monarchies for in Venice and Netherlands there 's none and Parliaments duties is to treat of Difficulties and to Counsel their King To make Laws for the Common-wealth and the Lower House to petition the King with knowledge of their grievances but not to meddle with the Kings Prerogative They are to supply his necessities and he in recompence distributes his Justice and mercy It is the Kings Office to make good Laws whose fundamental is the peoples ill manners and so at this time new abuses and incroaching Crafts The Religious Laws are enough consisting only of Perswasion and Compulsion and Gods blessing Priests Puritans and Sectaries errours of the right and left hand are forward enough their way Let Bishops be as bold by good examples and preaching but compulsion binds the conscience There is talk of the Match with Spain However he will never proceed but to Gods glory and Subjects content And for their supply of his Necessities tells them of their eighteen years peace and plenty and yet he hath received far less assistance than any King since the Conquest Queen Elizabeth had communibus annis above one hundred thousand pounds a year in subsidies and he had in all his time but four subsidies and six fifteens and it is ten years since he had any that he hath been sparing to trouble them or to spend himself abated in his Houshold in his Navies and Munition changed an old Admiral for a young Man whose honesty and care hath lessned that charge Tells them he is not the Cause of Dissentions in Christendom but rather sent Doncaster to appease them at the charge of three thousand five hundred pounds His Son-in-Law sent indeed for his advice and accepts the Crown three daies after which the King never approved of for three reasons 1. Religion not as the Jesuits to dispose and overthrow Kingdoms but with our Saviour to uphold 2. He was no judge and ignorant of those laws Quis te judicem fecit 3. That he treated a Peace and will not be party yet he left not to preserve his Childrens patrimony and accounts to them his Receipts for that purpose and how disposed He borrowed of his Brother of Denmark 7500.l And of his own added 2500 And sent this to his Son  And to the Princes to hearten them 30000 Total 40000l That had the Princes done their parts his handful of men had not failed and now he must be fain to perswade unless a strong hand assist and purposes to provide a strong Army next Summer and desires them to consider his necessities qui cito bis dat And shews his equity to them in course of Law never obstructing Juâ—gement by message or Sentence Wâ—shes them to consider advance of Trade and why his Mint hath stood still theâ—e nine years confesses his Royal heart liberal in Granâ—s but being informed he will amend any grievance but yet he tells them that who ever hastens after grievances and neglects all other business of greater moment hath the Spirit of Saâ—an for himself will reform any errour and desires
be repaired for securing it self and the Coasts That his children abroad eat no bread but by him His customs the best part of his Revenue in effect the substance of all are farmed with conditions if war follow their bargains sease and Subsidies ask time to bring in unless he take them up upon credit and so lose of their value In these cases he would be loath to shew his Teeth and cannot bite And refers the condition of his own Estate to his Treasurer And thus freely he opens his heart for their Hearts and Help let them shew the means and he will do what they direct referring the dispose of monies to their own Deputies and Treasurers and upon the offer of their Means he makes War he will wave the Prerogative of Kings of War and Peace and be advised by them in either for weapons breed peace He desires to be in Love with Parlaments to make good Laws reform abuses and maintain good Government and so blesses their labours to the end Thus far the King Here was plainess He had cause to fear for he foresaw his own hazard to be left in the lurch So that to set him forward without despair they soeak as they should mean and not long after give him this Declaration They first render thanks to his sacred Majesty for accepting their humble advice to assist him in a Parliamentary way with their persons and abilities And whereas his Majesty was pleased to descend to particular propositions for advance of so great a Buâ—iness upon his Majesties Declaration for dissolution and discharge of both Treaties and for defence of the Realm the securing Ireland the assisting the Netherlands and other his Majestyes Friends and Allyes and for the Navy For these they will grant him three intire Subsidies and three fifteens to be paid within a year The money to be in hands of Committes and Commissioners by them to be expended as shall be agreed upon this present Session The King was well pleased and tells them He is willing to dissolve the Treaties their Gift being sufficient to begin a War but when it will end God knowes That he will ingage his Successor his Son for the recovery of the Palatinate and in his old age will assist in Person if need be That as he is pleased the Committes should direct the disposing of the monies so the Design must not be acted by publick councells that is whether two thousanâ— or ten thousand by Sea or Land East or West by Diversion or Invasion upon the Emperour or Bavaria these be hopes must be left to the King Hereupon a Council of War is chosen of some antient Actors in the Militia of Ireland and other Nobility the Meeting at the Savor at the Lord Caries President of that Council who resolve of six thousand to be sent for the present into the Low Countreys to join with their forces against the Spanish under command of Spinola and so have a freer passage into Germany if need were hereafter The Spanish Ambassadour Marquess of Inojosâ— much perplexed at the even proceedings between the King and Parliament resolved to put in practice a Jesuite trick upon Buckingham by that means to distemper the Calm proceedings of this State We are told the Manner That Inojosa sent one Padre Majestre a Spanish Iesuit a great Statesman to King James that he under confession had found the King was by Buckingham or by his procurement to be killed but whether by Poison Pistol Dagger c. he could not tell Then that the King should say to Buckingham ah Stenny Stenny a term of favour wilt thou kill me the Duke in high passion being told that Padre Majestre had been with the King who being questioned by the Duke Inojosa undertook the quarrel and told the Duke he would maintain him the Traytor c. Another saies That the Ambassadour sent one to the King to let him know That the Duke of Buckingham had some dangerous Machination on foot that tended to his Destruction and the best He could expect would be a Conâ—inement to a Country House in some Park during his life the Prince being now ripe for Government c. and the Author concludes That such an attempt could not be done without the Princes privity and yet the King was willing to have the Brat strangled in the Womb though there was cause to suspect that the great intimacy and deerness between the Prince and Duke like the conjunction of two dreadfull Planets could not but portend the production of some dangerous effect to the Old King What horrid infamy is here cast on them both But this was the story and the truth for not a day passed then but that I was present and acquainted with all that transaction to the end It was well known how much it concerned the Ambassadour for his Masters honour to disimprove the value of Buckingham with the King and Parliament and cunningly meant to do it home and to involve the Prince too in one and the same act And therefore aspersed abroad a suspition which really also Inojosa devised to the Kings ear That Buckingham should have plotted this Parliament to over power the King which if resisted then by that authority to conâ—ine the King and to transfer soveraignty upon the Prince And thus Machevils rule lay the scandal high enough no matter to prove it Himself the Brocher to be free from Examination being qualified an Ambassadour A great noise there was I remember well more in the peoples resentment than any way considerable at Court. And yet the Duke was not so dull to neglect the means of satisfying Others Himself and Prince needed not nor truly did it any way interfear as it was devised to startle the King And being generally cryed down as a false scandal the power of all three could not question an Ambassadour though it was scanned at the Council Table and put to vote in the house too how to proceed with him That the Shield of his Ambassy was too weak to defend him from the Sword of Iustice for then he resolves into a private man The Duke not satisfyed had the opinion of a learned Antiquary who with much circumstance advised and directed a tedious Ceremony of State to be used therein Both Speakers to remonstrate to the Ambassadour the crime and if he reveal not the Informers then is he Author Scandali and so the Houses to petition the King to confine him and restrain his person till his Master know his offence and satisfy Iustice. If he does not then is it Transactio Criminis upon himself and draws a denounce of War But the wisdome of the King would have none of this Geer Yet the Prince and Duke complained hereof to Spain and a command returned to Inojosa to crave forgivenesse which he did and the Duke in confidence of his own Innocency suffered it to passe without much more trouble to seek satisfaction in publique for he
England blasted 87 K. KIng's design to meet his Bride in Norway disposes his Government 150 marries the Queen and goes into Denmark 152 his Queen arrives in Scotâ—and and is crowned 153 Kirk have what they desire manner of their Excommunication 45 ingratefull prescribe behaviour to the Church of England 46 stiled Precisians 84 Kirk stirs the State being troubled 166 Kirkmen in Scotland mutiny 137 138 John Knox Minister the prime Incondiary of Reformation 12 his Travels and Faction accused of Treason 15 arrives in Scotland and begins Troubles 20 insolency towards Morton and conâ—ers with the Queen 31 his Breves to his Brethren he is questioned 33 his insolency 34 preaches against Government 38 L. ANtient League between the Scots and French 12 Holy League 106 Holy Leaguers 155 League offensive and defensive between England and Scotland 112 Lenox and Darly return from banishment 34 Lenox elected Regent 69 is slain 77 his old Countess dies her Descent and Issve 87 Lewis Isle reduced in the North and the effect 256 Lords take Arms and are defeated fly into England and get aid and submit 39 banished and return 42 Lords conspire declare seize the King at Sterlin and treat 107 Love-trick of a Woman 168 M. MArriage proposed between England and Scotland 10 Marriage of King James with a Sister of Denmark propounded 107 Ambassadours about that Marriage 137 Earl of Mar Regent 77 dies 78 Northern Martyrs 9 Queen Mary sent into France 14 returns out of France 25 Queen Mary affects the Lord Darly 34 and proposes to marry him 36 she answers the six Articles of the Kirk and marries Darly 37 takes Arms against the Lord 38 is brought to bed of King James 42 Summary of the Lord Darley's murther and of the Queens hasty Marriage 48 Queen Mary resigns the Government to her Son King James 52 is defeated flies into England and writes to Queen Elizabeth 62 Queen Mary imprisoned her Commissioners treat in England 63 Queen Mary designed to dy 86 writes to Queen Elizabeth 95 Queen Maries story returned to 113 Queen Mary comes to her Trial 115 the manner thereof ib. her Sentence of Death 116 the sequel 117 King James perplexed sends to Queen Elizabeth Letters Ambassadours who reason with her 118 120 false Tales Scotland in disorder the Kirk refuseth to pray for Queen Mary ib. Mandate for her Execution the manner thereof 121 her Epitaph 126 Queen Elizabeths Letter to King James 126 Davison sentenced about Qu Maries Death his Apology to Walsingham 127 Walsingham's Letters to the King and the Lord Thirlstan 128 the Kings Deportment on his Mothers Death 134 is caressed by Queen Elizabeth 134 Designs of several Nations to revenge her Death 135 Massacre of Protestants 〈◊〉 France 83 Mass opposed 26 Melvil a Disciplinarian his railings 82 a fiery spirit 85 his evil manners 100 Insolency against the Mass 32 Maxwel arms against Johnstone 106 rebells and is taken Prisoner 138 Messam the Minister hath a Bastard 29 his penance 42 Ministers assemble at pleasure 26 allowed maintenance by Modificators 27 vote themselves exempt 〈◊〉 justice 28 Ministers denounced Rebells fly into England 102 Ordinance of Parliament against them and for what reasons 102 their impudent Reply sharply answered 103 Ministers and their insolence 109 cause of good Acts ib. Ministers in tumult 174 Blake a Minister his mutiny and story 196 Welch a Minister his preaching 202 Ministers refuse to give God thanks for the Kings Deliverance and are silenced ib. Earl Morton Regent 78 basely betrays the Earl of Northumberland 80 besieges Edenburgh 80 his Coin 82 Misgoverns the Lords conspire against him 88 offers to resign 89 Morton deposed plots revenge 90 imprisons the Chancellour 92 is charged with murthering the Lord Darly is executed his Character 95 Mowbray's intent to kill the King 257 Muâ—â—ay made Protector 59 takes Arms 60 posts to Queen Elizabeth 67 is slain 68 Murray slain 166 the cause lamented ib. Murther of the Guises and Henry 3. of France 153 N. NArration of the Spanish Navy 141 number of the Ships Men and Ammunition 142 defeated by Fire-ships 145 Queen Elizabeths message thereof 141 Rumours of the Spanish Navy in 88. 140 the Kings Speech thereupon the Chancellours opinion Bothwel on the contrary Colonel Semple's false Designs ib. is rescued by Huntley who is banished the Court 141 Netherlands called to account 209 〈◊〉 of Norfolk committed his story 68 arreigned and executed 78 Norris sent over to Ireland 209 Earls of Northumberland and Westmerland fly into Scotland 68 betrayed by Morton and executed 80 Earl of Northumberland pistols himself 114 Northumberland writes to King James and his Answer 259 O. ORmston executed about the murther of the Lord Darly 84 P. THe Kirks justice against Papists 30 Papists Plots 169 Papists banished â—â—8 Papists Plots devising 〈◊〉 Titles of Pretendeâ—â— to the Crown of England 188 Parliament surprised 77 Parliament Royal 91 Parliament wherein the Kings Supremacy is conâ—irmed and divers Laws against 〈◊〉 enacted 104 Duke of Parma dies 170 Paulet Lord Treasurer dies his childrens children 〈◊〉 76 Antonio de Perez 86 Perez his character 189 Popish Lords return from banishment 194 Presbyters fly into England and why 104 their equivocation ib. Proceedings against Popish Lords by the Ministers 173 Propositions for Queen Mary and Queen Elizabeth 67 R. RAndolph Ambassadour 91 abuses his privilege 94 dies 161 Rebells defeated 29 Rebells submit and are committed 149 Reformed rebell 20 covenant and call in Aid French and English 21 covenant to expell the French 24 Articles of their Faith France their Presbytery 24 Reformation in the University 213 Religion The Scots how Christians 8 Remonstrance of the Assembly against Papists and the remedy 178 179 Riâ—t comâ—ittâ—d by the Lords 27 Rizzio thâ— French Secretary 39 Bishop of Rosse Ambassadour for the Scots Queen examined 73 is relâ—â—ed imprisonment 83 his Death and character 208 S. SIiege of Ostâ—nd 252 Earl of Shrewsbury dies 161 Spanish Forces land in Ireland and are defeated 254 Squire impoysons the Queens Saddle 221 T. TItles forrein their precedency at home dispuâ—ed 211 Treaty at Cambray 19 at â—denburgh 24 U. UNiversity reformed 213 W. WAde sent into Spain returns unheard 103 Walsingham dies his character 160 War in Scotland and France by the English 10 assist several Factions 21 Welch a Minister his preaching 202 Witches See Bothwel Witches discovered 2â—3 Wotton sent Ambassadâ—â— to Scotland 206 Wotton plots with the câ—â—spiring Lords and posts home 107 Z. LOrd Zouch Ambassadour from Englandâ—â—mentâ— â—â—mentâ— the send against the King 176 Narrative Passages of the first Part and stories to be read single by themselves 〈…〉 〈…〉 〈…〉 of Geneva 15 Queen Maries Marriage with the Lord Darly 36 〈…〉 〈…〉 and story 42 Darly the Queens Husband murthered 48 Narrative of Darly's murther c. 52 Digression of Combates and 〈◊〉 53 Queen Maries escape out of Prison in Scotland her Encounter with her Rebells she is discomfited and flies into England 60 Digression
to the Q. of Scots to expostulate criminally with her 1. For usurping the Title and Arms of England and had not released them as was agreed in the Treaty of Edenburgh 2. For the practice of Mariage with the Duke of Norfolk 3. As also all the beforementioned Contrivements particularly urged To all she wisely answered and to the most of them Nâ—gative A League being concluded between England 〈◊〉 France the Ambassadour moved for favour to the Queen who was answered that she deserved none for that she had secret confederacy with the King of Spain by the Lord Seaâ—on which being discovered and true the French were silent The Estates of Scotland took some time to present their Desires to Queen Elizabeth how fit Morton was for the Regency which â—he took well though she knew they intended the power upon him for so she had the honour to say She made him and with whoâ—â— in truth she alwaies kept the most narrow correspondency trusting to his Judgement and diligence to do much for the King with whom he alwaies sided The King was committed to the custody of Alexander Erskin for Erskin the then Earl of Mar was under age whose peculiar right it was to challenge that trust and Buchanan designed his Tutor a man of some fame by the Scale of learning whom Time and Ambition wrought afterwards a dangerous Incendiary to the King and State From this Parliament now sitting were the Papists utterly excluded and laws for advance of Religion enacted to the wonder of all how soon the Papists frighted into fears of loosing their Estates very forwardly subscribed to the Reformed which so heightened the Kirk into swelling Pride against Bishops also that their violence afterwards could never be brought to Moderation Though the Protector conceaved the Prelatical function to be no less necessary in State then warrantable in Reformation And so he regulated them as the Bishops of England Votes in Parliament but abridged their Authority over others And thus stood the power of Synods interposing the moderate Prelates who yielded much in Peace to the publick Ministery and belike conceiving that time and experience might mollifie them to a more convenient Constitution The faction for Papists was of the French and Queen of Scot whose countenance were the Hamiltons Arguile Huntley and Hume ancient Barons Grudging at the Vice-Roy's Government sought to undermine his Establishment and he at home by pleasing the people gained the City and Kirkmen For now was Knox become the Temple incendiary imitating the Vandalls devastatious ruinates the Monuments of Ancestors Piety Church-bells and Bed coverings scape not him nor any other such like sacrilegious ravings himself accknowledged that Mary had and did then blame him for his too great rigor and severity that in his heart he never hated the persons against whom â—e thundred Gods Iudgments hating their Sins and forbore none of what ever condition doing it in Gods fear thus much he said for him selfe and being the words of a dying man I say them over for Christian Charity and Honour to his parts whose Character needs no more than the former History faithfully set down wherein it appears a Beacon he had been apted to fire the Kingdome but his blaze was this year extinguished and he died of good age 67. years whether his History of the Church were his own is suspected of some his name supposed to gain credit to the work which in many parts seems ridiculous Morton in some eminencie and lustre fell into an obloquie of an infamous Act upon the person of Thomas Percey Earl of Northumberland whose desperate case together with Westmerland forced them from home as you have heard to seek for succour in Scotland after some time Westmerland got into Flanders but Northumberland wandred in the woods of Hatles for habitation and was heretofore by his Comrades betrayed to Morton and delivered up by him to the late Regent Murray whose Authority preserved him by the Law of Nations from Queen Elizabeths fury but now Morton powerfull by preferment and plentifull in Estate whom honour had made so aud some meritt valuable yet I know not with what errour of honesty basely sould him for a piece of Money to Hunsdon Governour of Berwick and so became headless by the fatall Ax at York The fruit of this ungratious Act fell upon the Protector himself in the Ultimum of his life by the like fall of the Ax that often cures great men of these wicked maladies 1581 The Kingdome of Scotland heretofore in severall fewds now was devided into two unnaturall factions of Son and Mother the King and captivate Queen in which dissention the Nobility side into severals England and France interpose accord but with sinister respects for the French Ambassadour had his Item and meant nothing less Queen Elizabeth to countermine him sent Killegrew to join with the King and Religion yet a Treaty was perswaded In the interim Kirkaldy Lord of Grange and Governour of Edenburgh Castle being on a high Rock inaccessable fortified by a Feâ— and Lake on one side and a Moss which surrounds it and to his faction being the chief Baron the French gave hope of assistance To whom he sends over his Brother Iames Kircaldy for men and money with which returning he lands at the Castle Blackness the Governour thereof Andrew Stuart though before his Confident was of late bribed to seaze him into fetters whilest he carried the news and 1000. French Crowns of Kirkaldies to the Regent In his absence on this treacherous errand Kircaldy corrupts his Keepers and they the Souldiers and so of a Prisoner he hath the Keys and custody of the Castle In two daies returned Stuart and no sooner entered but is secured into Irons which he studies to revenge and conceived that the best way might be the same and so the less suspected to catch his Adversary in the same Gyn which so lately caught him With feigned tears and a cunning tale he melts the hardned Gaolers into compassion and they the Guard with helps of some bribings some Crowns secretly sowed up in his quilted Wastcoâ—e And as if better than they could design it Kircaldy would needs accompany his Wife in a visit forth of the Castle when as hastily he was shut out and the late Governour set at liberty commands all again During which time the Treaty came on but ended without effect and Grange begins his fury on the City as fuel to his fire Either part implore assistance The Protector from England and soon was sent to him by Land and Sea nine Canons six demi-Canons six Sakers 9. Culverins with all necessaries and 1500. men under Command of the Marshal of Berwick Sir William Drury who joined with 500. hired Scots and so furiously assaulted the Castle that from the twenty fifth of April in thirty three dayes it was rendred to the Mercy of the Queen of England who referred it wholly to the Regent and the Lord
papers of Creighton a Scotish Jesuite intercepted and discovering fresh plots of invasion by the Pope Spain and the Guisâ—s the State of England began more narrowly to look about and to begin with the Queen of Scots miserable Tragedy herein Leicester and other Lords associate by oath to persecute to the death the obstacles of Queen Elizabeths peace and safety Mary fearing the effects made the most humble and satisfactory propositions and concessions to what Queen Elizabeth could possibly urge and to which she indeed inclined but the Scots opposed especially to hear of her return home And to assist the hight of evils the Presbyters in Scotland are alwaies at hand railing at her and the King in the Pulpits and being summoned to answer their contempts absolutely refuse saying That Ecclesiastick persons were exempt the Kings authority Althought to suppresse their insolencie very lately even this year and last Assembly of States it was enacted The Kings authority over all persons Ecclesiastick and Layick and confirmed for ever Their Assemblies as well general as particular were condemned as arrogating boundlesse authority when they list to meet and to prescribe lawes even to the King and Kingdome And here the popular equality of Ministers were abrogate and the dignity of Bishops restored whose vocations the Presbyters had condemned as Antichristian The scandalous books of Buchanans Chronicles and his Dialogue De jure regni apud Scotos and other such were condemned So you see in this Parliament the King had Royally and Religiously confirmed the Articles of true Religion and had united to his Crown the supream Authority Ecclesiastick and Civil heretofore usurped by Papists and lately by Prebyters Hereupon they declare the King inclin'd to Popery and nothing to be left of ancient from but the shadow and not being suffered to vent their spleen they fly into England under pretence of persecution Yet the King delt with them by hopes and fear Appoints their appearance in November from all parts And were then pressed to subscribe obedience to their ordinary To obey and acknowledge Bish. according to the Word of God which words they construed to be a restriction or limitation for say they The Word of God commands no obedience Thus either deceived or deceiving to redeem their ease with yeilding cover it with equivocation some subscribed others refused preaching against them And evermore Praying for the banished rebellious Lords as the best Subjects who fled from â—yranny Amongst sundry of such men that suffered trial and others executed Daglith the chief Minister of St. Cuthberts upon that score and for corresponding by letters with Walter Balcanqual he was sentenced for Treason but upon his humble supplication was pardoned David Hume and his brother executed and indeed divers grand designes of Treason put the State to necessary jealousies and fears Robert Hamilton accuses Douglas of Mains and Iohn Cunningham of Drumhosel for conspiring to intercept the King at hunting and to detain him till the banished should return and receive him Upon which they were found guilty and executed at Edenburgh And indeed Angus and others lay lurking at Barwick who were removed therefore further into England to New Castle lest the Lord Hunsdon Governour of Barwick should suffer suspition in their designes against all reason of State which now in England seems to side with King Iames And at New Castle they lodge Iohn and Claud Hamilton retire and take up by the way to settle all here The Scots Ministers wanderers were all found out and called to the Juncto Lowson Carmichel Erskin And Mr. Iohn Colvil sent away to Secretary Walsingham at Court Who led them with hopes that the Queens fleet usual rigging was intentional for their interest this encouraged them and gave occasion to the Scots Ambassadour to draw up Criminations against them and so they were removed to Norwich and after to London and lodge at Long ditch beyond Tuttle street against the Park-wall to whom all their Ministers resort a petty corporation preach pray keep fasting more than private and were so bold as to expect leave to be allotted a Church of their own as French Italian Dutch and other strangers but the conformity of language with us and the deformity in discipline made their request insolent of which they complain in their preachings and therefore are all silenced which they say brake the heart of Lawson their Malapert minister or rather the letter from Edenburgh aforesaid renouncing him their Pastor who deserting his cure upon pretence of conscience not to subscribe yet takes part the Rebells against his Soveraign But the particular manner and occasion in Scotland was as followeth In civill affairs the Earl Arran comanded all keeper of the Castle of Sterlin Edenburgh and Provost there lately made Chancelor upon the death of the Eaâ—l Arguile The office of secretary he conferred upon Iohn Metallan Lethingtons son having banished the Abott of Dumferlin who possessed that place and made himself Lieutenant of Scotland which greatness procured private envy of others at Court ploting his ruine To conserve him self he endeavoured to gain Queen Elizabeth to be his friend and after he had privately conferred with the Lord Hunsdon Governour of Barwick several legations were sent to England by the Arch-bishop of St. Andrews to confirm the Kings constancy in Religion much suspected by the cunning informations of the banished abroad and Kirkmen at home And after him the Master of Gray came to remand the fugitive Rebells and Lewis Ballandine Justice Clark was sent to accuse them as guilty of the conspiracy of Mains and Drumhosell but indeed Ballendines interest conniving his accusations were so slenderly urged that the very ground was laid to work their restitution and Arrans destruction the Queen and her counsel under hand giving ayme to all Arran abused with hopes of the Queens friendship continues his greatness into terms of Tyranny against Athol Hume and Casils With frivolous arbitrary justice It fell more particular upon the Lord Maxwell for refusing exchange of Lands the Barrony of Kinnell fallen by attainder with the Barrony of Mernis and other Lands of Maxwell Heath And to work out the mischief the Lord Iohnston is made Provost thereby being warden of the West Marches might curb the power of Maxwell whose right it was to the Provostry and therefore rayses forces of his friends and apposed Iohnston for which and other Insolencies he is denounced Rebell and commission to Iohnston with power to pursue him Maxwell sends his two brothers to intercept Lamby and Cranston ere they should joyn head in the fray the first is killed the other made prisoner which encouraged Iohnston to incurse upon Maxwells lands by fire and sword with great spoyl booty the same were answered upon return of the like against Iohnston who is taken prisoner and the regret therof gâ—eived him to his grave shortly after The Quarel now engages the
in all our Scotish discourse Yet at this time they renew their former wont as in Scotland and begin to perplex the King at his Entrance To pacifie such He appoints a Conference to be held with the Episcopacie and Them at Hampton Court In the mean time to let them see what they should trust unto he sets forth a Proclamation Against such as seditiously seek Reformation in Church Matters And that the Constitution and doctrine here is agreeable to Gods word and near to the Condition of the primitive Church And forewarnes them of publick invectives gathering of Subscriptions to supplications for Reformation savouring of Tumult sedition and violence Protesting to preserve the Estate Ecclesiasticall as politick in such form as he found it Reforming abuses if they be made apparent 14 Octob. 1603. But in truth these men were too hasty and might well remember the King of such their behaviour in Scotland which to prevent he did for ever after advance the power of Episcopacie there to even that Discipline with this in England and to inlarge their Bishops into some Eminencie heretofore clowded with Envy and Malice It was now time so to do when the Presbyterian Doctrines had amplified into these Heads The Reformation of Religion belongs to the Cominaltie The punishment of such Crimes as touching the Majesty of God doth not appertain to Kings and chief Rulers only but also to the Body of the People Princes for just causes may be deposed If Princes be Tyrants their subjects are freed from their Oath of Obedience Populo jus est ut imperium cui velit deferat Penes populum est ut leges ferat sunt Reges veluti Tabulariorum Custodes The people have the same power over the King as He hath over any Person It were good that rewards were appointed by the people for such as should kill Tyrants The People may arraign their Prince The Minister may excomunicate Him He that by excomunication is cast into Hell is not worthy of Life upon Earth Objections to some of their Doctrines with their Answers Custome is against such dealing with Princes Answ. Nothing more dangerous to be followed than Custome Ob. We must obey Kings be they good or bad Ans. It is blasphemy to say so Ob. Jeremie commanded obedience to Nebuchodonozer Ans. The Example is but singular Ob. God placeth Tyrants sometimes for punishment of the People Ans. So doth he private then sometimes to kill them Ob. The Iewes dealt not so with their Kings Ans. Their Kings were not first elected by the People but Ours have nothing but from the People Ob. Shew an Example out of Scripture Ans. Sundry good laws in divers Countries though no Example in Scriptures Ob. Saint Paul commands us to pray for Princes Tim. 2. Ans. We may punish Thieves and yet we ought to pray for them Ob. Saint Paul commands us to be subject and obedient to Princes Tit. 3. Ans. Paul writ in the Infancie of the Church the Christian not ripe nor rich for such a purpose and if Paul were now alive he would leave Kings to be punished by their Subjects not to be accounted any longer King c. These and many more such not only held by Buchanan and Knox but by their whole Consistorians beyond seas as Calvin Beza Hitamor Ursinius Vindicae contra Tyrannos Eusebius Shiladephus c. And now was their former proceedings in Scotland Examined according to their doctrines for setting up their Coâ—sistorian Discipline The Parliament in Scotland 1560. being disolved and their Book of Discipline compiled by Knox and others which their favourites notwithstanding termed but a devoutâ—Imagination yet they threatned the chiefest Noblemen if they should reject it some refused but at last it was forced upon all They appoint their Assemblies particular and general They exercise Jurisdiction and cart Saunders for Adultry And excommunicate the whole Multitude about a May-pole They burn divers places pretending of superstition Bishops houses Protestants also at Pasley the Bishop hardly escaping life The very calling of Bishops though Protestants became Antichristian and command them by their Authority to leave their Offices and Iurisdiction That they should have no voices in Parliament and desire that such as themselves should send might vote Commanding the King and His Council under pain of Excommunication to appoint no Bishops hereafter because the Brethren had concluded that estate unlawfull Beza their Consistorian Patriarch from Geneva had assured them of well doing and moves them Ne unqnam c. That they would never admit again that Plague Bishops although it might allure them of keeping Unity The Bishops being discharged they agreed of Superintendents but that device was laid aside and afterwards conclude that Ministers of the word should be equal and then began the Presbytery to flourish For then they usurped the whole Ecclesiastical Iurisdiction altering all lawes as they pleased They assembled the Kings Subjects injoyning Ecclesiastical pains unto them make decrees and execute them They Trayterously rail against the King in their Pulpits and being questioned utterly disclaim his Authority as an Incompetent Iudge That the Pulpit matters were exempt from the Judgment or correction of Princes They prescribe lawes to the King and State Appoint Fasts to the whole Kingdom when their faction were to act any enterprize Anno 1582. The King to prevent the dangerous consequence thereof divers of them were silenced and imprisoned but what was the Issue They surprize the King at Ruthen and declare it to be done for resisting the present dangers to Gods true Religion and for removing from the King the chief Authors The King being afterwards released that act was adjudged Crimen laesae Majestatis and some were hanged others fled into England Yet afterwards 1585. They avow the same and excommunicate such as would not subscribe to Them Another treasonable Attempt they had against the King at Sterlin Anno 1583. So that in the Parliament 1584. the Kings lawfull Authority Ecclesiastical was confirmed the Bishops restored and to be Treason for any man to procure diminution of the three Estates The Iudgments Senates and Presbyterian Iurisdiction discharged An Act made for calling in Buchanan's treasonable Book his Chronicle and his Iure Regni apud Scotos That none shall preach declame confer or utter scandalous words or slanders against the King or his Council or to meddle in State-affairs Sub poena c. And because they did advance their Modell as the most agreeable to the best and most Reformed Churches against Episcopacy it was examined the numbers that refuse their Sanedrim besides the Eastern and Western Reformers All in the Dutchy of Saxony Brunswick and Luxemburgh All those Churches in the Countreys of the Marquesites of Brandenburgh and Badu The Churches in the Earldoms of Henebergh Lemings Marisfeilt Stalburgh
annexed to the Imperial Crown of the Realm Thus oblig'd to their duty they chuse a Speaker whom they accompany to the King whose Election they desire him to ratifie whom the King usually is pleased with which done the Speaker in his own and the House of Commons name gives thanks and beseeches That the Lower House may use their Privileges and freedom of debating That if any therein shall happen to be more earnest in his own opinion his Majesty will vouchsafe not to take it ill nor be angry and that they may have access to the Kings Majesty or Higher House as oft as matters require which leave being granted they are dismissed Both Houses have free liberty to debate of matters propounded by the King or touching making or abrogating Laws and to determine to commit to writing what is to be transmitted to each other by Messenger whereto if upon debate had there ensue an assent by Votes the consent is noted upon the top of the Bill in this form amongst the Lords Les Seigneurs ont assentes among the Commons Les Communes ont assentes but if they differ both Houses not seldom meet or else principal persons chosen out of them to confer together in a commodious place for their meeting in the Painted Chamber there the Commons standing and uncovered with great observance receive the Lords covered and sitting and there they confer if they discord that business comes to nothing but if they agree they present it to the King which if he allows he writes Le Roy le veult and so as by a Soul infused into a Body it receives life and becomes an effectual Law forthwith to be promulgated to the People but when the King refuses to approve it he writes on the top of the Leaf Le Roy s' avisera sometimes he denies it in terminis and thereupon are reputed dasht The sacred matters the King permits not to be handled by Parliaments but Synods unless it may be for the force of Laws from Parliamentary Authority which they cannot so fully obtain from their divine verity The Deans Arch-Deacons Procuratours for the Chapters as also for every Arch-Deaconry the former being delegated by the Suffrages of the Prebendaries these of the Ministers meet in a place assigned to debate touching them where having first chosen a Prolocutor in the name of the Clergy they determine concerning Heads of Religion Ceremonies and other matters belonging to the Church as also granting of Subsidies to the King whose Results notwithstanding are not obtruded on the Seculars to be observed with the Authority of Laws untill as above-said they be allowed by assent of King and both Houses being provided That Civil hands should not intermeddle in these affairs Our Chronicles tell us That Queen Elizabeth expostulates with the Parliament for that they had appointed a Fast without her advice and were not restored to her favour but upon obtaining of Pardon Both Houses have respectively their peculiar Privileges To the higher House not onely to give counsels and to assist in making Laws but likewise to exercise the power of Iudicature and so of imposing Oaths in the more weighty causes as corruption of Iudges and Magistrates and in last Appeals which yet to bring back to examen without the Kings permission and Patent the Lawyers say is praeter-legal nor do they so unless the Judges of Law sitting by The House of Commons have Privileges of supplicating and craving Right or else the Accusers part never challenged to it self the Office of Judg save within their own Walls and on their proper Members and that extended no farther than penalty of Imprisonment or Mulct never having any right of pressing an Oath and therefore in a Statute the House of Commons say That seeing Parliamentary Iudicature belongs to the King and Lords and not to the Commons that they might not be obliged contrary to Custom to give Iudgment If any doubt touching the Election of their Members it was heretofore determined by the Lords House or by the Judg of the Kings Chancery If any of them had departed from the Houses without the Kings leave and both Houses also he was convened before the Kings Council-table or Kings Bench to undergo the penalty and was not punished at the discretion of his own House of Commons But they have Privilege first to debate and determine of levying money among the People This was the temperament of King Parliament and People in proper parts not harming each other for the Kings supreme Authority and Sword is as a sufficient power to vindicate the Laws from the Factions of the Grands and popular Tumults whilest in the mean time the Lords with that chief Authority wherewith they are vested of Iudicature and Legislation put a curb on one hand to the Kings Tyranny if he extravagate on the other to the tumultuating populace and in semblable manner the People by that their power of accusing whom they please and of granting or denying moneys are in a sufficient capacity to retrench the licentiousness of the Nobility and of the Kings Counsellours and break the Kings impetuous incroching on the publick The Laws have exceedingly provided That the freedom of voting and debating be not hindered through fear of insolent persons therefore none may come into either of their Houses with a Sword or armed The Members and their Servants not to be arrested for Debt or offences though of a mean alloy and if any so attached he may not be free but by a Writ out of the Chancery Seldom and that upon weighty cause would Kings create offence to so venerable an Assembly however it hath so faln out that excellent Princes upon too great provocations have reprehended the Senate and punisht some Offenders convening them before the Judges of the Kingdom imprisoned fined and put to death sometimes Thus by past stood the state of Parliaments when the King came in and calls one in March the King Queen and Prince some days before rode from the Tower to his Palace of White-hall in such Triumph as the several Pageants at each convenient place with excellent Oratory assured them the affections and duty of his Subjects as they did some days afterwards when the like occasion presented them in state to this Parliament And as usual with all Sovereigns his Predecessours themselves or Chancellour sweetens the Members with some Rhetorical Oration to the purpose of calling that Assembly and this the King undertakes now as best able of any Prince his Predecessours or any other Assistant for wit or wisdom to compare with him and therein he lays open his heart to both Houses in a very long Speech But because it is in print and bound with the Volume of his Works I shall adventure to abreviate here for some light to the Reader in this History which follows But then in this as in other his most eloquent and gracefull Speeches hereafter where you meet with any of his
the E. of Salisbury 1. Therein they acknowledg the late Design most inhumane and barbarous attempted by undertaking Spirits more fiery and turbulent than zealous and dispassionate to the general stain of the State of their catholick cause in the eye of corrupt judgments not able to farm away the fault of the Professor from the Profession it self which abhors the fact more than any Puritan does 2. They accuse him the Primus Motor to determine the â—ooting out all memory of their Religion by Banishment Massacre Imprisonment or some such insupportable pressures or else the next Parliament to decree more cruel and horrible Laws against them 3. They threaten that there are some good men for continuing their Religion and for saving of many Souls resolve to prevent it though with assured Ruine and admonish him that five have severally undertaken his Death by Vow upon the blessed Sacrament if he continues his daily plotting against them That not any of them know the other for preventing discovery the first shall attempt by shot and the rest follow and all of them glory in their own sacrifice to prevent the general calamities of Catholicks which by his transcendent Authority with the King is more than expected They tell him that for the easier digestion of the Danger two of the Attempters are so weak they cannot live three moneths the other three so distressed for being onely Catholicks that their grief dulls any apprehension of death 4. As for themselves that admonish they know no other means to prevent it he being the Match to give fire to his Majesty to whom the worst they wish is to be as great a Saint in Heaven as he is a King on Earth And conclude Where once true spiritual resolution is the weak may take sufficient revenge of the mighty A. B. C. D. c. His Answer 1. That the Panegyrical Oration of Pope Sixtus Quintus preferred the Murder of Henry 3. of France before the act of Iudith to Holofernes by which Gods people were delivered onely the Papists make ill interpretations where it fails in execution for otherwise Faelix scelus virtus vocatur and many other Authors maintain deposing Kings And wonders that those who imploy such seditious Spirits have not by definitive Sentence wherein the Pope is supposed not to err explained their assumed power over Princes for security as well of those which acknowledg his Superiority as of others which do not approve his Iurisdiction that Subjects may know their distance of fidelity to either As for the former practice by Excommunication it deprives onely from spiritual graces without so gross an usurpation as to destroy their being in nature The Writ it self De Excommunicato capiendo and others such proceed rather from the goodness of such Christian Kings to work better obedience to the Rules of the Church than from the power of Excommunication All Cenâ—ures of the Church having left life untouched Sive Ethnicus sive Publicanus Many Heathens teaching this Rule Bonos Imperatores Voto expetere oportet quoscunque tolerare He marvels at those dark Writings published upon this Accident against such as shall attempt against Princes by private Authority but leaves it a tacit lawfulness by publick Warrant like their gross Equivocation so extolled at Rome though it sunders all humane conversation Saint Austin refuses the Priscilian Hereticks in their Equivocation Corde creditur says he ad Iustitiam ore fit confessio ad salutem c. breaking out into expostulation O fontes lacrymarum How shall we hide our selves from the displeased face of Truth 2. That these Calumniations are like Adam's Fig-leafs unable to cover their shame for as he sought a covering Non quia nudus sed quia lapsus so is it their fault not their fear to cast imputations upon Prince and State Sed pereuntibus mille figurae So Nero set Rome on fire and after laid the blame on Christians The pecedent Reigns of the two late Sisters of different Religions more bloud in five or six years of the first than in five and forty of the second Hath this King shewed any print of bloudy steps rather qualified than added severe Laws And appeals to their own consciences judg and witness whether the fury of this Treason inflaming many against Catholicks the nature of sudden peril hardly admits just distinction hath committed any one act of bloud or cruelty under colour of publick safety Nam crudelit as si a vindicta justitia est si a periculo prudentia Nay the King pronounced in open Parliament after Not to condemn the general for particulars as a Prince of peace and mercy deferring execution which Theodosius wishing Se potuisse potius mortuos a morte revocare As for the imaginary Power of the Lords of the Council and himself of the Quorum he takes it as an honour to receive not onely injury but persecution in so noble a society who know that Counsellours for Kings stand for thousands or hundreds as he pleases to place them Their greatness growing from humble endeavours their merit from gracious acceptance and though they borrow his name as the Boutefeu to make him the Mark of their malice yet such as judg the spirit of the Pasquil will hardly imagine but that this Faction follows onely the body of Authority neither head nor members but also the Church and Common-wealth which like Hippocrates Twins have long wept and laughed together His greatness being onely in the eye of envy of those which ground their faith upon weak principles if they imagine his distinction a matter he says of so small consequence can clear them free from contriving higher practices 3. To the Protestation that the five Assassinators having their feet so near the grave their ghostly Father deserves less thanks to send them thither with Hempen Halters and in bloudy Coffins not the marks of Rome Heathen nor Christian for Victories were scorned which were barbarously gotten Mixt is vene no fontibus And the Arms of the Primitive Church were Tears and Prayers But such Recusants as do discover these pernitious spirits will discern the darkness and danger of that Religion lapped up in implicite obedience the Conscience and Treason growing up as close together as the Husk and Corn in one Ear to eat their God upon bargains of bloud Those that are full of grief as is said for being Râ—cusants Plus tristitiae quam poenitentiae more that their Plot failed than that it was intended Counsellours are Sentinels over the life of Kings and States The Laws which punish the Branches of all Treason are derived from Parliaments of two hundred years in force and so are our Laws made not by a few much less by any one 4. As for himself with whom they condition to leave off his Plotting against Recusants The Husband-man over-curious of Windes and Clouds neither sows nor reaps in season So that Servant that becomes awfull of his Sovereigns Enemies for power or envy deserves not favour
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
abused in the Execution and he not informed but by them He advises them not to meddle with the main points of Governments his craft Tractent fabrilia fabri He being an old King six and thirty years in Scotland and seven years in England and therefore there needs not too many Phormio's to teach Hannibal he will not be taught his Office nor are they to meddle with his ancient Rights received from his Predecessors More majorum All Novelties are dangerous Lastly not to call that Grievance which is establisht by a settled Law and to which to press the King is misduty in the Subject knowing before hand he will refuse them If not convenient amend it by Parliament but term it not a Grievance To be grieved at the Law is to be grieved with the King the Patron of the Law and he allows them to distinguish between a fault of the Person and the Things For Example The High Commission is complained of Try the abuse and spare not but do not destroy the Court of Commission that were to abridg the Kings power And plainly he resolves seeing that Court is of so high a nature to restrain it onely to the two Arch-Bishops heretofore common to more Nor shall any man be to him more Puritan to complain as well out as in Parliament of defects therein onely grieve ye not at the Commission it self He desires them that their Grievances savour not of particular mens thoughts but rather rising out of the peoples mindes not of the humour of the Propounder that mans passion will easily discover him Petitions also though they be general are so to be distinguished The third general Cause concerns himself which he always leaves hindmost and had left it to his Treasurer being distrustfull naturally less eloquent in his own concernment That this Officer had already accounted to them of the Kings Havings and his Expendings which he hopes they acknowledg as a favour to be particularly acquainted with his State His Predecessor seldom afforded the like Duty he clames of them one of the branches being to supply their Sovereign but the quantity and time proceeds from their loves and therefore disputes not a Kings power but what with their good wills and wishes them as he to avoid extremes for if they fail in the one Supply or in the manner of Levy both he and the Countrey shall have cause to blame them And as the secular Nobility are hereditary Lords of Parliament and the Bishops live neuter Barons of the same and give but their own but the lower House being the Representative of the Commons give for themselves and others and so may be the more liberal yet if too much they abuse the King and hurt the People which he will never accept their true love being the greatest security to any wise or just Prince So they need not the fear of that Item by one of their Members In giving too much to endanger your Throats-cutting when ye came home He loves freedom of Gift with discretion He never laboured for their Voices to that end detesting to hunt for Emendicata suffragia But then as not to give him a Purse with a Knife So not to excuse and cloak their particular humours by alleging the Poverty of the People To such persons though he will not be less just yet not in reason to gratifie them when it may come in their way to want him He heard that it was propounded whether the Kings wants ought to be relieved or not Certainly though it may seem his particular yet being Parens Patriae and tells them his wants nay Patria ipsa by him speaks to them for if the King wants the State wants and therefore the strengthning of the King is the standing of the State and wo be to him that divides the weal of the one from the other And as a rich King is but miserable over a poor People so a potent People cannot subsist if their Kings means maintains not his State being the sinews of War and Peace and it grieves him to crave of others that was born to be begged of And if he desires more of them than ever any King did so hath he juster reason than any King had And in particular the accession of more Crowns in him so the more honour to Subjects and the more charge His fruitfull Issue which God gives him for their use of great expence and yet Queen Elizabeth notwithstanding her Orbity had more given her than ever any of her Predecessors The Creation of his Son draws near for whom he says no more the sight of himself speaks to you That he hath spent much but yet not to be spared the late Queens Funeral the solemnity of his and his Wives entry in this Kingdom the Triumph through the City and his Coronation Visus of Princes in person and the Ambassadors of most Potentates of Christendom could he in honor of the Kingdom do less than bid them welcome But if they will imbound his Supplies to the case onely of War so upon the point notwithstanding his intern Peace he is to send supply of Forces to Cleves both in respect of State and cause of Religion his Pensions the late Queens old Commanders of Berwick besides his pretty Seminary of Souldiers in the Forts of this Kingdom and also the cautionary Towns of Flushing and Brill beyond Seas his uncertain charges in Ireland the last years Rebellion brake forth there of extraordinary charge and a constant Army which he dares not diminish till this Plantation take effect the great Mote no doubt in the Rebells eys His expence in Liberality objected hath been given amongst them and so what comes from them returns amongst them 'T is true had I not been liberal to my old Servants Scotish-men you might suspect me ingrate to you my new subjects and yet assures them his bounty hath been twice more to English So then to his shame be it of your house that said Your Silver and Gold abounded at Edenburgh but I wish him no worse than to be bound to live only upon the interest thereof and but few of you that I look in the face but have been Suitors for Honour and Profit That vastness is past Christmass and open-tide is ended with him He had made Knights by hundreds and Barons by scores he does not so now will do so no more They need not now to reminde him the sight of his children as a Natural Man bids him be wary of expence As for himself he challenges any one far meaner to be less inclinable to prodigal humours of unnecessary things What he hath said may move each member to spare him so much as they would spend on a supper cast away at Dice in a Night or bestow on a horse for fancy that may break a Leg or Arm next morning Conclusion freeness in giving graceth the gift Bis dat qui citò dat his debts increase till
make him capable to dine with the King and had Ayd-money of the people An ancient Custome from the Norman Conqueror and never till now disobeyed with any regret which indeed came but to twenty one thousand and eight hundred pounds And together he was also created Prince of Wales Duke of Cornwall Earl of Chester c. with all possible lustre that the father could express But however our Historian takes upon him to pry into the Kings Heart and though inscrutable devises a damnable and dangerous jelousie from the father against the most incomparable Excellent merit of this his first born sonne When afterwards the father saw him saith he too high mounted in the peoples love and of an alluring spirit to decline his paternall affections to him and bring him to the low condition he fell in may be the subject of my tears saies he not of my pen. Hic homo erubescit timere Caesarem Ecce Behold this Author This Man Mecenas names him Hic homo this fellow shames not to traduce his Sovereign King For he lived his Subject And here begins his trayterous intention to wound the Kings sacred memory as much as in him lies with a suspition of the death of this excellent Prince which another wretch says was done with Poyson but of the truth we shall speak anon when we treat of his natural death not long after yet we are told What his fatherly care had been to match him with the Infanta of Spain but after some Traverses in a Treaty it was declined when in truth it was otherwise to my knowledge for I can produce the letters from Sir Dudly Carlton then Ambassadour at Venice to the Lord Treasurer Salisbury being an Accompt to the King how to advize the choice of a Wife from the Protestant Princes wherein after a large Narrative of their Interests and particular Characters he concludes Thus farr I can confidently Counsel his Majestie seeing his Religious resolution is fixed to Princes of the reformed Churches But since I have been over-bold to ballance the weight of his Majesties sacred Intentions with my too much freedom in the concernments of such eminent Princes and the hazard of my person in the quality I carry here I beg of your Lordship not to suffer these Avisoes to see other light then the light fire And was it likely which our Historian inferrs a little before That after the Powder-Treason the Murther of the French King his Majesties speech in Parliament and the Excellent Acts against Papists he must hunt for a daughter in law from the farthest part of Christendom what his second son Prince Charles did after upon the like score we shall in due time and place observe The former passages of Jesuits gave cause to all good Christians to abhorr their villanies and set on work the spirits of the pen-men such as they were most sharpe set against them all that professed the Romish Religion and to work they went on all hands The Papists to palliate such Actions as painted out the Jesuit in his deviâ—â—sh likeness The Puritan of the reformed Churches to pick quarrels with all Catholicks alike and those disputes were spread abroad in several Pamphlets and Pasquells the Jesuit had friends to pay us Two for One. A zealous Church-man of ours Sutcliffe Doctor of Divinity procures a Patent for erecting a College at Chelsey near Westminster to consist of a Provost and 20. Fellowes to be chosen by the Arch-Bishop of Canterbury the Bishop of London and the Universities Vice-Chancelors for the time being Intentionally for able men in School divinity to answer and propose against our Grand Adversary Romanists The affections of the people were so pregnant to this purpose that in short time the Doctor had collected their free contributions of seven thousand pounds whereout he disburses three thousand pounds in the building and buyes land of two hundred pounds rent per annum with the remainder And himself becomes the first Provost and after his death Doctor Featly Slaughter and Wilkinson men of singular learning successively So then it was Sâ—tcliffe that sunck his own fortune to raise this fabrick and not Bancroft the Arch-Bishop of Canterbury who died this year and much abused in his Character by our Chronicler Nor did the King afford it more countenance then wisely to give way to mens wilde fancies especially when it took fire with the Puritan for himself soon foresaw that the witty Iesuit would wish no better sport then to press us to death with printed Pasquells in place of serious controversies of which yet no doubt also but Bellarmine had more Bookes to spare us then his own budget full Another reason for I must be bound to bundle up Arguments satisfactory to the Reader in answer of Calumnies throughout the Hystorian which makes this book thus bigg The other cause The Title of the land upon which the College is erected was passed then by Howard Earl of Nottingham for years at seven pound rent and a fine when in truth after the Earls death the 12. Iac. It came to light that the interest was in his Widow during her life and fourty years after whom the Lord Mouson maries and as her Administrator sells the interest to Duke Hamilton whose delinquencie and death leaves it to this State And now 1654. disposed for a Garryson or a Prison untill a good Customer for sale puts it to better use So then you see the crackt title besides broke the neck of this new College We are fallen upon the Kings first favorite with our Hystorians observation That as Queen Ann had hers he had his she loved the Earl of Pembroke he the younger brother whom he created Earl of Mountgomery Men of Considerable descents though of no fame in their merits especially the last of whom he says the King not finding sutable to his humour his fancie ran upon another young Gentleman But the man is mistaken for though the King was no quareller yet he hated a Coward and turned Mountgomery out of his affection for being switcht by a mean Gentleman Ramsey a Scot at a publick Horse-race Though this favorite was urged to revenge and backt by the English fourty to one to defend him He basely put it up to his death and the dishonor of a Gentleman What his after merits were to his end let the world judge he living to full age and having had his opportunity and choice to become an honest man Indeed the King was never without favorites but changed them often into one more close and intrinsick who served the turn for a Notable Skreen of envy between him and his Subjects upon whom the people as they never fail might handsomely bestow complaints through his Masters faults So Carr succeeded him and his story followes hereafter The splendor of the King and Princess with the rest of the royall yssue the concourse of strangers hither from forein Nations the
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
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
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-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
to him and acknowledged the kindness and his young Lady was presented with a Noble and valuable Reward 30001. besides a pension of one thousand pound per annum during his life and this was done with so much love and liking that I have often observed Buckinghams great Civility ever after at meetings to call him Father and bend his knee without the least regret of that Lord that gained more by the bargain And because Sir Robert Mansel a dependant of Nottingham had the place of Vice-Admiral at pleasure only Buckingham for his Lords sake continued him so by Patent during his life for which courtesy the good old man came himself to give thanks as I remember the last Complyment his age gave him leave to present And thus was this office of honour and safety to the Kingdom ordered from the command of a decrepit old man to a proper young and active Lord strengthened with the abilities oâ— an experienced Assistant without deserving quâ—râ—el of our carping Pamphleter Aâ—ter Suffolk the weight and charge of the Treasurers Staff was conferred upon the Lord Chief Justice Sir Henry Mountague Viscount Mandevile Son of Sir Edward Mountague of Bolton in the County of Northampton Son of another Sir Edward likewise Chief Justice who had three Sons Edward the eldest Knight of the Bath bred up in the Wars a faithful Noble stout Commander Iames that reverend eloquent and learned Bishop of Winchester a man so highly in favour and esteem with this King his Master that he had the honour of the Bed-chamber which no Prelate ever enjoyed from any King This Henry was created Baron of Kimbolton Viscount Mandevile and Lord Treasurer in 1620 Afterwards Preâ—ident of the Council and the first year of King Charles Earl of Manchester and Lord Privy Seal and dyed after the entrance of the long Parliament 1643. A man of singular learning in the Laws his Wisdome and experience deserving those high places of Trust and honour He married three wives Katherine the Daughter of Sir William Spencer in Oxon by whom he had five sons and four daughters Edward the eldest Viscount Mandevile Knight of the Bath Walter Iames Charls and Henry His second Wife Ann Wincol of Suffolk Widow to Alderman Holyday Lord Major of London by whom he had issue His third Wife was Daughter of Iohn Crowch of Cornbury in the County of Hartford Widow of Iohn Hare of the Court of Wards by whom he had issue George and Sydney men of eminent vertues now living 1655. Our Historian tells us of the swarming of Jesuits That our Counsellors of State and Secretaries were Counselors to the Pope and of a Divelish Sermon before the King which he the Lyar saw and heard if the King did not for Bishop Neal would always ingrosse the Kings ears with baudy Tales This his Discourse smells too rank he saies and craves excuse having had hammerings and conflicts within himself to leave it out and yet goes on with his baseness and tells us that this Bishops hand closed up the Countess of Essex's virginity and that such like practices as these gave an after period to that Hierarchy Then follows a Tale of the female Iesuitrices in England an Order he says first framed in Flanders by two women Mrs. Ward and Mrs. Twily clothed in Ignatian habit supported by three Fathers Gerard Flack and Moor to preach their Gospel to their Sect in England and two hundred English Damosels of great Birth and quality sent of the Errand and for the truth of all produces a Proselyte Turn-coat of any Religion and every Trade that tells this story in the Spanish Pilgrime which our Adversary recites to grace his History The Iesuits indeed are bad enough but to cope them with our Counsellours of State and other Tales with no better Authority we may herein minde our Authour Not to bely the Devil Sir Francis Cottington Resident in Spain had the conveniency three years before to discover the affairs of those parts and gave intelligence hither of the increase of Pirates in the Mediterranean Sea their whole Fleet then consisting of fourty tall Ships of two hundred and four hundred Tuns in two Squadrons the one remaining before Malago the other about the Cape St Maria between Lisbone and Sevile That within the Streights they entered the Road of Mostil a Town by Malago beat down the Castle and had taken the Town but for succour of Souldiers that came from Granado yet they took divers Ships and four of the West of England two other of ours that ran on shore they burnt also and absolâ—tely perverting our Trade into Spain These at Cape St. Maria met with seven Sail of London five they took and two eâ—caped They are usually manned with Turks and Spanish Moriscoes and attend the coming of the West India Fleet then commanded by Don Iohn Faxardo Upon this occasion the State of Spain moved King Iames to joyn some Sea-forces for their suppression as the common Enemy of Christendom And indeed those courses of the Pirates do but exercise the Forces of Spain by Sea without any great hurt the most dammage falls upon the Trade of Merchants thither of which the English will be the greatest number and so of Sufferers The last year the Hollander having leave of Spain for certain of their Ships armed against the Pirates to have safe recourse thither but instead of offending them sold to Algier as much Powder and Ammunition as ever since hath furnished the Pirates Fleets By which means now grown formidable few Merchant-men escaping them thâ— strong Town of Algier upon the Coast of Barbary countenancing their Thievery and depending on the Turks Protection yet so cunningly contrived as not to be seen to protect them that all Christian Ambassadours concerned herein and complaining at Constantinople could have no redress And therefore it was now concluded to conjoyn Forces of Christendom to free that Sea In so much that they in some fear eighteen of the chieâ—est Pirates in the Levant authorized the Viscount L' Orme and one De la Pomeray Frenchmen to search for their pardon and to come in with all their Shipping offering to the English mostly concerned therein for retribution of this grace fourty and five thousand pound sterling but this was negotiated onely by their Emissary La Forest at Bruxels unto our Agent there Sir William Tromâ—all on purpose to tempt us and the French unto whom the like was offered from joyning with others to ruine them but was therefore attempted by all And for the English was sent Sir Robert Mansâ—â— Vice-Admiral of the Narrow Seas with a Fleet this year And arriving in May with expectation of other Assistants they all failing to any purpose his noble heart disdaining to return without Attempts He first furnished two Prizes which he took by the way three Brigandines and a Boat with Fire-locks and combustible materials for buâ—ning the Pirates Ships in the Harbâ—r who were all come home
shall chance to be lodged But because the Reader may have better satisfaction of those times and Ecclesiastical policy then towards the Lay-Recusants for such only was it needful to favour the King was so Popishly addicted as our Calumniator would inforce that to the incredible exhaustment of his Treasure he most zealously intreated for refreshment and favour unto all the Protestants in Europe His Crown and Dominions and Denmark excepted The Swedes having lately provoked the Pole had no other hope of Peace those of France for the exercise of their Religion those of the Palatinate and all the neighbouring Protestants the least conveniency to say their prayers but by the Kings Mediation And being advised by the late Assembly of Parliament into this Milky way of Intercession and treaty abroad what a preposterous Argument would it have been to desire those Mighty Princes crowned and victorious to grant clemency to them and for himself to execute poenal Laws against the Papists The English Iesuit in France did design to frustrate this pious indeavour of the King by writing a most malicious Book to the French King inciting him and his three Estates to execute their Statutes upon the Hugonotes as the like they said were here enacted against Catholiques I would therefore advise with the most subtil States-monger to chalk out a way for his Majesty to have mediated for grace to the Protestants by executing at this time the severity of lawes upon the Papist But hat this favour should amount to a Tolleration is a most dull and yet a most divilest construction A Toleration looks forward to the future this favour backward only to offences past and the Lord Keepers letter to the Judges is so to be understood whereby if any Papist by them should be set at liberty and should offend and laws again the Justices may nay must recommit him and leave favour only to the King to whom only belongeth Mercy Nay more let these two writs directed to the Judges be perused by any rash censurors as they were resolved by grave and learned men to whom the King committed the penning and it will appear the Papists were no more out of Prison then with shackles about their heels sufficient Sureties and Recognizances to present themselves at the next Assizes So they being grasped in the custody of law or rather imprisoned still than with any liberty And in truth they were by this tender favour to be reduced into a better behaviour or otherwise upon tryal the King was to recall his writ and leave them to extremity But if a Critique will conclude an Argument from the Devils Topicques a converto ad abstractum from a favour to some well-minded English Catholique reasonably to be distinguished from others what therefore is the King turned Roman Papist whose wise discourses learned Writings pious Exercises Acts of Parliament late Directions for catechising Preaching and all other professions hath manifestly declared himself to all the World an Orthodox resolved Protestant But the Spirits of wisemen are now satisfied that those airy Representations of ungrounded fancies set aside this Island of all the Countreys of Europe was then the sole Nest of Peace and true Religion and the inhabitants most unhappy now that they looked not up to Heaven to give thanks for those mercies then Thus much the King had to do to keep these Men in obedience at home being intent also upon his honour abroad And having yet in this time of Treaty assisted Holland in an open way of Men and Money to ballance them with Spain and Recruits dayly sent over so plentiful that sale was made of our men more than they used The Spanish Lieger took exceptions and that justly that in time of Confederacy Treaty and Union of a Match such partiality was afforded to the Enemies of Spain and no more interest of Confederacy with our King than we with his Master To balance both the King grants freedome alike to his Subjects to be called by Drum to either service when it was evident that only one Regiment went away with the Lord Vaux to re-inforce the Army in Flanders and seaven thousand were carried to Holland Besides it was intended more policy to the one then equality to both to be rid of the Papists which he sayes infected the Kingdome And whilst the Commissioners on both sides argue the Articles the Pope no doubt meddled with Spain in the Matters of Religion proposeable on that part It was prudence in the King to permit an active Man Mr. Gage his own subject though Romish Catholique for in businesses they are not such Bug-bears to be at Rome to pry into the Popes actions and did recommend the affair unto the Cardinals Baâ—dino and Lodeviso as the passages might correspend with disputes and differences in points of opinion Moral and Divine But in his letter to the King of Spain disclaims any Treaty with the Pope or to observe his rules in reference to his Son Was it not an oversight tro you that some better affected Puritan was not put in for an Intelligencer What mad Work such an one made once at the Popes Altar But not to spend Paper to answer such a Cutter of Cummin-seed Digby had express commands Not to wast time with the Spanish Delaies either for dispensation of the Match from Rome or cessation of Arms in the Palatinate Hâ—idleburgh being then besieged and the English Garrisons blocked up Of all which the English Ambassadour Sir Richard Weston at Bruxels disputing with the Inâ—anta had no redress as the Copyes of the Dispatches intend for he was commanded to represent the merits of his Master for sincere proceedings with the Emperour and Spain upon protestation of their Extraordinary respect However the Palatine had deserved That the way is now prâ—pared that the English may have the honour to hold those places which are not in dispute untill the general accomodation without more amuze or further treaty of Cessation and before the whole Couâ—trey be seized or our Treaty ended Refers him to the Dispatches to be furnished with Arguments of unkindnesses there notwithdrawing the Spanish forces but leaving the business to discuss with the Emperour and Bavaria That the Infanta's Answers with Recrimination altogether Minister jealousie of the Emperour and Spaniard if he consent not for if those things be not forthwith remedied the King of England will recal his Ambassadour from Bruxells as an unkindness deserving from the Emperour Not to be interpreted as to reflect upon the intire affection between those two Crowns of Us and Austria being mntually promised That as the King expects his Son in Laws dependance on his advise or to be forsaken so in the same measure it is just for Spain to decline the Emperour And concludes with this honourable Item To carry things fair without cause of distrust if reality be perceived on their part in the Match wherein the King excepts against their dull diligence depending only upon
released out of the Tower and banished The Borderers conâ—er and quarrel Morâ—ons wiâ—e submission Anno 1574. The Ministers stiled Praecisians Duke Castle-herauld dies His Character and Issue Oâ—mston executed for the Kings murder Heriots death Characterâ— Anno 1575. Inovation in Church by Melvil agaiâ—st Episcopal â—unction The Regent misgoverns Q. of Scoâ—s designed to dy Anâ—oâ— d'Peres in Englan Anno 1576. Don Johnâ— design blâ—sted in thâ— bud Maâ—gariâ—e old Countess Lenox dies Her Royal descent and Issue Anno 1577. Conâ—pâ—rators against the Regent Arguile and Athol at variance Forerunner of the Regents fall Complaintâ— agâ—inst Morton which the Miniâ—â—ry increase Regent offers to resign Is deposed The King 12. years old is Crowned A sactioâ— Geneve Synod Melvin Morton plots reâ—enge by the Eâ—rl of Mar. Anno 1578. Randolph Ambassadour Parliament Royal disagree and are made Friends Coyn overvalued The Chancellor impoisoned by Morton Parliament the Kings royal appearance His Speech Actâ—â—or Religion Aubigny Stuart in great favour But disliked there and in England Qu. Eliz. Messengeâ— neglected Anno 1580. Burleighs speech to the Scots Ambassadour Morton disconten tretires Charged with the late Kings Murther Randolph rides post from Q Eliz. abuses his privilege of an Ambassadour Anno 1581. Morâ—on beheaded with his own Ax. His character Ruthen created â—arl of Gowry Q. Mary writes to Q. Eliz. Anno 1582. Which troubles her conscience Surprize of the King at Ruthen Removed to Edenburgh and are confirmed by the Clergy Ambassadours ill used The King Orders to feast them but the Kirk command a fast Buchanans deaâ—h and Character The King freeth himself Anno 1583. Ambassadour from England pleaâ—s for the Rebels The late D of Lenox children prefeâ—'d factious Lords submit The Ministers meddle Melvils ill manners Gowry imprisoned His confession Anno 1584. Petition Arraignment His excepâ—â—ons Condâ—mâ—ed and executed His Character Some Ministers for medling fled to England Declarations and Acts of State They reply with Letters to Edenburgh Aâ—d are sharply 〈◊〉 Designâ— in England for Queen Mary Wade an Envoy to Spain Anno 1585. Mary proposeâ— conditionâ— The Kirk disquiet A Parliament The Kings sâ—premacy and other Lawes confirmed Ministers fly into England Presbyters equivocation Divers executed for Conspiracies Anguâ— and other Fugiâ—ives in Engl. Insolâ—nt Arran made Chancellour his great pâ—â—r in State Maxwel misused takes arms against the L. Johnston Arran declines in Qâ—een Elâ—zabeths favoâ— Holy League Wootton sent Ambassâ—dour to Scotland Propositions of a Mariage with Denmark The Lords conspire and declare Wotton ploâ—s with them and posts home The Lords seize the King at Sâ—erlin treat 1567. Parl. cap. 2 1572. Acts 46. 48. 54. 1573. Acts 55. 1578. Acts 63. 1579. Acts 69. Acts 71. 1584. Acts 130. 132. 133. 1587. Acts 23. Anno 1586. 1597. Acts 231. 1606. Act. 2. 6. 1617. Act. 1. Buchanan See his de juâ—egni Pag. 50 usque 57. Davison The 〈◊〉 trulâ— stated Genevians Whittingham Goodman Gilby Whitehead Coverdale Orthodox men Scory Barlow Cox Beacon Bale Parkhoâ—st Grindal Sands Nowel Wisdom Jewel Udal Penry Martin Gilby and others See after anno 1591. Learned Hooker Cartwrights and others League offensive and defensive England and Scotland Against the holy League of Papists Return to Quâ—â—â—aries story Remoâ—â—â—â— inâ—o custody â—o Pawlet â—rdundel 〈◊〉 Northumberland pistols himself Babingtons Treason Pooley Beâ—â—ayed by Gifford a Priest Gifford a false Priest Traytors all execuâ—ed Gifford sent â—nto France and there impoisoned Qâ— of Sâ—ots câ—mes to her Tryal The manner L. Chancelloâ—rs Speech Her Answer Chancellouâ—s Reply Gawdy Queen Queen Queâ—n Treasurer Queen Queen Queen Sentence against the Qu. of Scots Opinions of her Sentence A dâ—legate Parliamâ—nt require Execution Q. Elizabethâ— cunning reply Sentence proclamed King Jameâ— perplexed â—ends Keith to Qâ— Eliz With several directions The Queens Answer Oâ—her Lâ—tters more câ—lm and Ambassâ—doâ—â—s Ambassadoâ—rs reason with the Queen The King writeâ— to Gray â—nd Leicester to the King So does Walsingham to the Lord Thirlstan False Taleâ— Scotland in disorder The Ministers refuse to pray for their Qu. Cooper a saucy Minister Is committed More letters from the K. A Mandate for execution Davison Beâ—le The manner of her Execution Her featurâ—â— Her apparelled Comes forth of her chamber Commissioners receive her who speaks with Melvin her maâ— And to the Commissioners Who denie heâ— some requests At which she weepâ— And they yield and she comeâ— to the Scaffold Sits down Bealeâ— speech Dr. Fleâ—cher Dean of Peterboroughs exhortation She interrupts him He prayed for her Her demeanor in Prayers Executioners and servants disrobe her Her servants sorrowful She kneels at the Block And is executed 46. yeers old 18. yeers prisoner Observable her Dogs dâ—meaner Her Corps buried in the Cathedral of Peterborough Magnificently removed by K. James to Westminster 1612. Her Epitaphs Q. Elizabeths Letter to the K. of Scots Davison sentenced in Star-chamber His apology unto Walsing Foul play on all hands Walsinghams Letter to pacifie the K. Walsinghams Letter to the L. Thirlstan The Kingâ— deportment upon his Mothers death Whom Queen Elizabeth caressed Anno 1587. Designs upon the King to revenge Designs in Scotlaand Earl Aâ—gus dies bewitcht His Character Civil broylâ— in Scotland to kill the Lord Thirslton by Gray accused of Treason also He was banished A Parliament the King reconciles the Lords And endeavours to do so by â—he Kirkmen who refuse mediation Borderers in â—â—wd Hunsdon Ambassador to Scotlaâ—â— Ambassadours about the mariage with Denmark Jesuitâ— arrive in Scotland Kirk-men insolent Anno 1588. and in mutiny for Gibson Gibsons abâ—se of the King He flies into England to the Schismaticks Puritans of England Martin f. 780. Maxwell in Rebellion is pursued by the King Maxwell fliâ—â— Caâ—tles rendered Taken Prisoner Rumouâ— of the Spanish Navy The Kings Speech The Chancellors opinion Bothwell perswades to invade England Col. Semples false designs is rescued by Huntley who is dismissed the Court. Q. Elizabeths message The narration of the Spanish Navy The number of particulars Officers Their Design with Parma The first approach Anno 1589. Defeated by a Sâ—ratagem of fire ships Several Shipwracks Great Losses prophecies Scots Catholiques disâ—ayed Huntly writes to Parma So doth Arrol And so do Huntley Crawford and Maxwell Catholique Lords Rebell Design how to meet Queen Elizabeth writes to the King Proclamations against Jesuits who join with the Rebels The King incourages his forces Commission ers sent to â—etch the K. Bride from Denmark Rebells submit and are committed Ministers make work The Kingâ— design to meet his Queen in Norway The cause and maner therof with further directionâ— What Lords shall govern and how He maries the Queen And goes forward to Denmark Anno 1590. And returns to Scotland The Queens Coronation by a Minister E. of Arundel arraigned in England Popes Bull. Condemned pardoned English expedition to Portugal land at the Groyne Colâ—mella Plâ—niâ— Navars title to France Holy Leaguâ—rs Guiâ—es â—â—râ—hred Henry 3. murâ—hered Justified by the Pope Q. Elizabeth
of Gods Church Nâ—nc saith he extremus actus agitur nisi istinct afferatur remedium And unless the Devil be now unsaddled by them habenas ei laxatum iri he would get the Bit in his Teeth and run riot at pleasure And for his own part he meant not to stay by it but run away too Nec morositate nostra â—iet ut loco potius cedamus quam sententia And for what can a Man imagine all these good words why truly he tells Mr. Bullinger Brevis summa est that your Noble Senate would say that his Discipline is Consentanea verbo Dei By no means they would not but they were content to say it did accedere ad praescriptum verbi Dei and withall returned back with their Letters a Form of their Government but not to prescribe any of it to them for that their own at Geneva might be more convenient Hereupon 1537. Calvin foreknowing the effect of their Letters hastens the City to resolve who with much ado assemble and put their own discipline to the Vote which came to this upshot as Calvin saies himself In illa promiscâ—a calluvie Suffragiis fuimus superiores for when stomach strives with wit the match is unequal And let these his own Words be recorded in perpetuam rei memoriam by how many reverend Fathers and famous Persons with what Wisdome and Deliberation this Form of pretended holy Discipline was revived and entertained if a disordered multitude by most voices laid this plat-form for all posterity to imitate Major voice helpt him well upon which advantage he would practice And therefore crouds in fifty French his Countreymen at a clap free Denizons who had Ius Iubendae legis and his Inter est was no doubt more to force in Ministers For when the Magistrates would have but preferred a Genevian born to be one Calvin storms at him Trollietus saies he quidnam quod natione sit Genevensis no other cause nisi quod Simiae amant suos Catulos And indeed the Emperour Charls V. intending wars upon France gave good leasure and leave to the Reformers to increase the Pope to be displeased which occasioned Calvin to compile his Book De necesitate reformandae Ecclesiae And so have we from whence It came whither It would who devised It when and how and where planted in Geneva Anno 1554. and Calvin continued there to his death 1561. aged 52. years And yet to spread it abroad for all Calvins wit he was glad it seems to get it into favour with the assistance of Reverend Beza being alike bred up with the profession of several Reformers who together gave value to the progress of this beginning and truly of a good Man grew much in admiration of Calvins wit which induced him thereto and became at length very bold in his Prescriptions to some in England to intermeddle here and in Scotland for the like Reformation witness his Epistles to Lawson and Knox His discourse of three kind of Bishops of God of Man and of the Devil to the exceeding censure of him In France it had no repute being termed Thalmud Sabaudiacum To England it came upon occasion of some Male-contents in reference to Geneva for in Queen Maries Martyring time those being fled to Franckford they were afresh assaulted with the Orders of Geneve and Knox and Whittington collect the particulars of Edward the sixth's Common-Prayer Book and send it to Calvin who very censoriously is pleased to say Multas video fuisse tolerabiles ineptias However Franckford inclined to the English and chuse Dr. Horn their Superintendent at which Calvin storms and by great entertainments of other English as Whittington Gilby Goodman and others invited their Persons to Geneve and so stole their hearts to his humonr also And they thereafter spread it in England the second year of Queen Elizabeth About which time Knox came also and carried it into Scotland And this is the true story of the Geneve discipline briefly and impartially put together This year a Treaty was held at Cambray by Delegates of England France and Spain for settling the various differences of State but especially between England and France for restoring Calice which had been lost to them by Queen Mary but by no means would be rendered back Yet at last a Truce was concluded upon these Articles Neither Prince shall invade each Other nor assist Eithers Enemies The Ships of either Nation shall give Caution at their seâ—ting out to Sea not to molest each Other Free Commerce and Trading to be increased The French Fortification at Armoth in Scotland to be demolished Eight years the French shall enjoy Calice with the Appurtenances and sixteen Pieces of Ordinance and presently after shall restore it to Queen Elizabeth Eight sufficient Merchants not French Subjects shall be bound in 500000 Crowns for performance hereof and the Right of the Town to remain in the Queen And if any Attempt or Innovation be by any English during that time against the French or the Queen of Scots then the other shall be free And on the contrary If any prejudice shall be attempted or done by the French King the Queen of Scots or the Dolphine against England then Calice shall be instantly from thenceforth rendred to Q. Elizabeth A Peace at the same time and place was concluded between the Queen of England and Francis and Mary King and Queen of Scotland and certain Aâ—RTICLES of Agreements were referred to Commissioners to regulate abuses of each Borderers And accordingly this Peace was proclamed in England and Frauce but soon broken for the French King aiming at England for his Son and the Queen of Scots would not withdraw his French Garrisons out of Scotland as was agreed but privily sent over fresh Supplies and openly challenges Interest in England for his Son and daughter-in-Daughter-in-law and in all writings used this Title Francis and Mary King and Queen of Scotland England and Ireland Bearing and quartering the Arms of England and upon their Heralds Coats Of which Throgmorton the English Ambassadour Lieger complained without redress Levied forces openly and sent them to Scotland to border all places of England And being an utter Enemie to the Protestaints was under hand abetted by the Pope the Emperour and Spain holding Her an Heretique and Illegitimate But those his Designs were soon cut off by an untimely accident upon him for tilting at the Nuptials of his Daughter with Spain and his Sister with Savoy and being run in at the eye with a Lance the Bur sticking in his brains he died immediately Some hopes Queen Elizabeth had now of lessening her fears and therefore to strike in with his Son and Successor She kept his Fathers Obsequies with magnificent solemnity in Pauls Church And sent Howard the Lord Effinghams Son to Condole the Kings Death and to Congratulate the new Successor with desire to continue Friendship and League as with his Father But the
and some to the Gallies but were only all banished The King of Spain sends the whole Process to Venice and by His Ambassadour Lieger there one Mendoza declares publickly to all the World That in case his Minisâ—ers should so offend He remits them to punishment where they resiâ—e And another Mendoza for abusing our Ministers of Staâ—e here was first restrained and after banished 1586. See Another hereafter in this Kings Reign the Marquess Inojosa for scandâ—lizing the Prince and Duke of Buckingham 1624. And our Bookmen say that a Forein King though admitted here by safe Conduct for without Licence he cannot come may be impleaded for Debt or Trespass and condemned for Treason for iâ— is a general Law of Nations That in what place an offence is committed according to the Law of that place they shall be judged without regard of any Privilege For a King out of his proper Kingdom hath 〈◊〉 merum Imperium but only retains Honoris Titulos Dignitatis and per omnia distringitur etiam quoad personam And the same assuredly is of their Ambassadours Nâ— occasio daretur delinquendi He hath protection of His pâ—rson Like as a Sanctuary will save a Mans life from Manslaughter but not when Manslaughter is committed within the Sanctuary for then he does willfully wave the benefit Indeed their Persons as their Masters are sacred from violation of private men but not from punishment of offences against the publike State See Cook 7. part c. Here are Presidents but it hath been more nicely disputed let others conclude This year gave end of daies to that antient Noble Lord William Pawlet Marquess of Winchester and Lord Treasurer of England twenty years having lived 97. years whilst he saw the Children of his Childrens Children to the number of one hundred and three persons 〈…〉 bishop in spite of Adamson a Minister preaching against that Order which he divided in three sorts 1. The Lords Bishop to wit Christ and such was every Pastor 2. My Lord Bishop such who sit and vote in Parliament exercising Iurisdiction over his Brethren 3. The third sort was my Lords Bishop one whom some Lord in Coâ—â—â—substitutes hiâ— Receiver without means or Power Episcopal whom he called a Tulchan Bishop because the Tulchan which is a Calves skin stuffed with straw is set up to make the Cow give down her Milk Mr. Knox he preached more and pronounced Anathema dantâ— anathema accipienti Whilest the Estates were busie at Parliament far off from Edenburgh and thereby secure an attempt was made upon them There was one George Bell in Edenburgh Ensign to a Foot Company born in Sterlin well acquainted with each Corner there and each Lords Lodgings possibly to be surprized in their careless watch He marches from Edenburgh with two hundred Horse and three hundred foot Earl Huntley and others their Leaders thither and undiscovered till they had planted the Market place and set Guards in the Lanes entered the Lords Lodgings and surprize them Prisoners the Regent Glencarn and others Morton only defends himself with his Servants and the Enemy in hast set the House on fire some of his Men slain he yielded to Balclough who had married his Neece Margaret Dowglas The Souldiers careless fall to plunder the Houses whilst Mar and his men in the Castle force the Market place but in vain Then he sends sixteen pieces of Brass called Founds to his own new House a building and so not reguarded for plundering got up to the upper Rooms and shot out at the Windows into the very street when the Enemy was thickest who thus amazed fled without order and Mar pursues them with such other that crept out of their Hidings and make a sufficient number to be again Masters of their own both Prisoners and Spoil Morton and Glencarn seizing their Keepers the Regent was taken by David Spency who to save him at 〈◊〉 from the Souldier lost his own life and His also So both sides were vanguished and both victorious in a few hours Of such advantage is diligence and expedition and mischievous is negligencâ— and security Multum in utramque partem fortuna potest as Caesar saies The Kings Grandfather Lenox thus dead and presently buried there were three listed for Election Arguile Mar and Morton the first but lately reconciled to the Kings part the last was best beloved but Mar had the charge of the Kings person and so caried the vote to be Regent Sept. 1571. Much he could not do in his small time of Government he convend the Country and sate down against Edenburgh but wanting Artillery returns to Liâ—th parts the Kingdom â—â—to quarters and sends for their Divisions by turns Those in Edenburgh issue oâ—t and set fire on Dalkieth with Spoil and Pillage return but were so close beset that wanting victual they pâ—ocure the Ambassadors from France and England to mediate the reconcilemeâ—t And for a Preaâ—ble to future peace the Ambassâ—â—ours obtain a Truce in Iuly beginning the first of August 1572. until Ianuary following The Conditions were that Edenburgh should be free for all the Kings Subjects which was to say that the Enemy could keep it no longer And before the end of this Truce Mar takes leave of this life in a desperate Feavour at Sterlin October 1572. and without dispute Morton was elected to succeed him And now let us to return to England where in November 1572. appeared a blazing star alwaies portending ill fate to great persons It was placed Northwards in the Constellation of Cassiopeia making a Geometrical figure with three chief fixed Stars lozing-wise called Rombus It appeared bigger than Iupiter and less than Venus It never changed place but carried about by motion of the Heavens as other fixed Stars and so continued six moneths The Sphere far above the Moon where no other Comet was ever seen or indeed Natural can appear so strange to Astronomers as since the Creation was never the like and had onely reference to Caelestial or rather super-Câ—lestial consideration And therefore forthwith followed in Ianuary that Thomas Howard Duke of Norfolk was arraigned in Westminster Hall before Talbot Earl of Shrewsbury High Steward and 25. Earls and Barons His Commission being read Garter King of Arms delivers to him the White Rod which he receives and delivers to a Serjeant at Arms standing by and holds it up all the time The Duke was brought in between two Knights and the Ax held besides him by the Executioner with the edge from the Duke but after sentence it was immediately turned to him His Tryal lasted till night and all the matters before remembred were urged against him together with his own Letters as also those of the Queen of Scots and Bishop Rosses besides evidence by Witnesses whereof he was condemned as in Case of High Treason and after 4 moneths delay he was executed upon the Tower-Hill where he acknowledged and confessed all Aboâ—t ten daies after Commissioners were sent
Grange and his Brother Kirkaldy executed by the Hangman Metallan had poisoned himself some daies before to avoid the Regents severity which he deserved He was a man adorned with all natural parts wise and prudent indefatigably busie but Fortune the Mistress of humane Counsels delighted to make him like her self inconstant Hume Petarrow and Melvin kept in prison and so was the renowned Countess of Arguile who was the Daughter of an Harlot Liddington was found there also and sent away Prisoner to Lieth who because he had been a notable Actor all his life and being a pen-man not by Law of Arms to dy by the Sword we may guess how he came to his end by poison the fate of cunning politiques who if they scape the Ax or Halter are too wife to be leâ—t long-lived for worser effects This Success set Morton aflote which he husbands so ill as made him though he governed all submit to base lusts Pride and Covetousness to supply which he abused his Trust to the prejudice of the People in each particular His exactions were ingeniously observed by 〈◊〉 Fool Bovy that often rubb'd his Masters Shins with his Giers some importunate Beggars craved alms of the Regent the Fool bid him hang them and why so cruel said he Because of your custom and cunning to make an hundred rich men beggars when you please He coined for the King some pieces of Gold with the Kings picture and circumscribed In utramque paratus And contraversed the Royal Arms of Scotland with this inscription Parcere subjectis debellare superbos The silver pieces bore two swords with Trajans Motto Pro me si merior si non in me He was the first Coiner of the Copper in that Kingdom called Hard-heads and after abased them from 3 half pence to a penny as also the black piece and abased them also which never till then were corrupted And by their neighbour the Netherlands coined also and exchanged for good Sterling which in after times made the Dutch cunning in that trade of cosening all Kingdoms and thus having reduced the Kings Coffers to a small purse he sets upon the Clergy In the former Story of the Kirk in Queen Maries time all the Revenues being then in the Papists she settled a part of the third with which she was to relieve the Ministers as a Donative and indeed the disorderly Collection before mentioned was then complained of by those parties and therefore now by remonstrance Morton siding with them orders a Supplement to inculpable or well-affected Ministers annually and so takes into the Kings Treasury all the Thirds to which the Kirk subscribe irrevocable and thereby he commits the cure of 3. or 4. Parishes to one and so out of the Relique of the third there must needs arise much gain The Church therefore in time open their own eyes to see this fraud and complain to the Council but receiving delayes their implacable hatred to Morton increaseth with their suffering and in this nick of time Knox being dead returns Andrew Melvin a Man of the Kirks own making for being drencht in the Genevian discipline he reforms this Church according to a hairs breadth and subjects them all to his vehement spleen against the very Office of Episcopacy and thus broached it drowned withall both Laicks and Church-men out of the easie apprehension of both their advantages and the Dispute was preached by their State-meddling Sermons which begat undominable Presbyterian licentious Tumults ever after The Arch-Bishops of Saint Andrews and Glasgow oppose Melvins Discipline in most acurate Sermons and Declarations The difference grew high and dangerous unless to the Regent whose aim was to fish in troubled Waters not caring for the future gave fuel to the Zelots flame which neither command nor Counsel could ever after extinguish I may not omit to Memory the horrid Massacre throughout all France upon the persons of the reformed Religion called by the Adversaries Hugonites from one Hugo as they would have them the History is so horrid and the more uncertain in particulars because the Papists strain their pens to piece it with some Excuses But the truth was written then by One Ernest Varamund of Freezland in the time of Charls the ninth King of France 1573. In Anno 1561. an Assembly of the Estates in the Kings house at Saint Germans in Lay neer Paris in France in the time of Charls the ninth concluded terms of Pacification in Religion among other Articles It should not be prejudicial to any Man to profess the Reformed Religion in the Suburâ—s of Towns only Francis Duke of Guise a Stranger of the House of Lorain was not present and within few daies after in Champanie slew men women and children in Vassey 200. persons Among those of the Religion was Lewis of Bourbon of the blood Prince of Conde Gaspar de Caligni Admiral of France and Francis Andelot his Brother Captain of the Fantarie and others Noblemen and Gentlemen Katherine de Medices Pope Clements Brothers Daughter and Mother of King Charls born in Florence a City of Italy had the Government of the Realm in the Kings Minority for though by the Law of France neither Inheritance nor Government are admitted to Women yet by negligence of Anthony King of Navar She had the power The Prince of Conde in fear of the Guises garrisoned some Towns stood upon his Guard and so began their Civil Wars there and published his Reasons For Defence of the Kings Edict for Religion Several Battails and losses on both sides and the Duke slain peace was made and liberty of Religion in certain places which continued for five years The Queen to strengthen her Party cunningly brought in six thousand Switzers and pretended them for defence quiet and peace to all yet suddenly garrisoned such Towns as the Religion had willingly surrendred saving onely Rochel who stood upon their former Conditions two hundred years past Not to be forced to any Garrisons Upon some rumours and fears the Prince of Conde and the now Admiral â—ly thither the cause of the third Civil War The young King by perswasion of Charls Cardinal of Lorain the late Duke of Guises Brother published Edicts That no man profess other than the Romish Religion But both parties wearied out with this last Miserable Distraction the King politiquely pretends to drown all Discontents by a Reconciliation and to join both forces against their Common Enemy the Spaniard who in truth had barbarously murthered the French Plantation in Florida in the West Indies and Marquisdome of Finall And to this Contract ingaged the Prince of Orange in the low Countreys by means of his Brother Lodowick now in the Admirals Camp at the very time when the Emperour had offered to reconcile Orange to the Spaniard And by these pretences this third War was ended with Toleration of Religion as before with unanimous Congratulation by Embassyes from the three Electors of Germany Princes reformed and sworn to
by the King sacredly to observe Which so incouraged the Orange party as to bring all their Sea prizes into Rochel and this Contract drew in Eliz. Queen of England and all these overtures committed by the King to the Admirals prosecution Notwithstanding these publique Conditions therein the Pope sent Cardinal Alexandrine from Rome with Instructions to perswade the French King to enter societâ— with the League of Trent to make war upon the Heretiques and had satisfactory answer from the King and Queen-Mother and on the Contrary all possible tokens of favor to the Admiral and his Complices in restoring their losses with a sum of one â—undred thousand pound Sterling out of his Treasure not leaving the least action undon to amuse the Admiral into firm assurance of the Kings faithful intentions And to confirm belief purposed to affiance his Sister Margaret to Prince Henry Son to the Queen of Navar who had defended the Cause of the Religion in the late Wars and this to be celebrated according to the Reformed Religion The League between Charls the King and the Prince of Orange and Articles concluded The Mariage appointed in Paris and the Queen of Navar of the Religion repaired thither for the Solemnity The Admiral also sent for by the King to go before to Paris promising himself to follow and the Spire-Cross-Steeple called Gastignes Cross erected in the rage of the Civil War in Triumph and reproach of the Religion a Monument of Civil Dissention was by the Admirals request overthrown Great Assistance of Men and Ammunition sent to the Army of the Prince of Orange into Germany And order to the Treasurer to deliver moneys to the Admirall for the Publick Service without accompt In this Interim the Queen of Navar was impoisoned at Paris by a pair of perfumed Gloves by one Renat a cunning Apothecary and so the Kingdome descended to Prince Henry her Son who was to be affianced to the Kings Sister and the Mariage solemnized with respect to eithers Religion And five daies after the Admirall solicited the Council in behalf of the Religion and returning home with divers Noblemen he was shot by a Harquehuss out of a Window through both his Arms by one not certainly named but the Abetters were Guisets The King visits the Admiral in some danger of Death from whom he receives advice and Counsel in his private affairs and with great affection and thanks the King commanded a Guard for security of the Admirals person by Cossin Captain of the Kings Guard an utter Enemy to the Admirall and all his Friends advised to draw into the Admirals quarters to be neer to him Thus all things prepared for the purpose of a Massacre the Queen Mother summons all the Confederates with advice to spare the King of Navars life and the Prince of Conde and the Execution to be the next night early by Order of the Duke of Guise who summoned the Diziners and told them the Kings design to destroy all the Rebels of the late Wars at the sound of the Tocksein or Bell and the Mark of difference a while Cross in their hats and a handkercher about the arm The Duke of Guise with the Kings Guard and the Bastard Son of King Henry assisted by Cossins beset the Admirals house who nothing moved in respect of the Kings several sacred Oaths to peace the league with the Queen of England Articles of Treaty with Orange Faith to the Princes of Germany some Towns taken in the Low-Countries by the Kings Command the Mariage of the Kings Sister solemnized but six daies before Ingagement of Forein States shame and dishonor to the Law of Nations all was by him argued as security Cossin with others enters the house and slew all in his way the Admiral comanded his Servants about him to fly and shift for themselvs being ready himself to dy for the Church â—he Villains enter his Chamber Benuese a German thrust the Admiral into the Body and Attin a Picard shot him into the Heart with a Pistol and threw his body out of the Window down into the Court where the Duke de Guise and the Bastard and other staied to view it and so marching out cryed that this was the Kings pleasure for that the Conspirators had resolved to kill the King The Admirals head was sent to Rome his body dragged through the Streets and after hanged up on the City Gallowes with a rope by the feet and so all that day murthering and killing all of the Religion Men Women and Children The King of Navar and Prince of Conde in the Louvre were sent for to the Kings presence their Servants being all slain and so preserved all the Noblemen and Gentlemen their friends slain and the next day a fresh murthering ranged through all the Cities and all the Offices and Places of the dead presented to the Murtherers and by this Example Post news commanded all the other Places of Reformation to be so butchered throughout France â—s in Orleance Angiers Viaron Troys and Auxerre c. The King fearing the Dishonor of this base Treachery and perjury posted Letters to all his Governours of Provinces and speedy Messengers to England Germany and Switzerland of this great Commotion in France raised by the Duke of Guise and his Complices upon the Guard and person of the Admiral and his Friends with the Death of many and hazard therein of the Kings person his Mother and Brethren by the safety of his Castle the Louvre this dissimulation he was forced unto for the present and yet within two daies after declared in open Parliament that the Admirall and his Confederates had conspired his death with his Mothers Brethren and King of Navar which was prevented by the others death And this was published in print to this day and from thenceforth all publique meetings of the Religion were forbidden Some Reluctancies there were of several persons that conclude this horrid fact surpassing the memory of all former ages Others compare it with the monstrous murthers of King Mithridates who with one Messenger and one Letter caused an hundred and fifty thousand Romans to be slain some said it was like the murthers of Peter of Aragon upon eight thousand French in Sicily The difference was their cruelty was executed on Strangers this on the Kings own Subjects and Countreymen These Discourses put the King to consider how to blanch this monstrous act with some colour of Iustice. And therefore they framed a Body stuffed with bottles of Hay for the Admiralls dragged again about the Streâ—ts his Arms and Ensigns of Honour to be broken his memory by a form of â—riting condemned his Castles and Houses razed his children infamous and his Trees and Woods to be hewn down from the height of six foot One Cavaignes and Briquemaul men of excellent merit the last being seventy years of age were imprisoned and tormented for to subscribe That they were of counsel with the Admiral to kill the King and his kindred which they
their Church For his excellent wit and incomparable learning Born near the Highlands After his first commitment 1539. for his versifying against the Fryers he escaped to France Returning 1560. he professed Philosophy at Saint Andrews and became the Kings Tutor He is concluded by all moderate and faithful Recordes That he penned his Scotish History with eloquence and with such Judgement as that he is justly blamed by most men for joining with all factions of the time and evermore to justifie any base and scandalous proceeding against Queen Mary and falsly and fowly he endeavoured to depress the Royal authority of Princes siding with the Treasonable tenents of rebellious Subjects which afterwards he expressed with bitter unmanerly sauciness of his Soveraign Queen then deceased This is the joint opinion of some with whom we may be convinced to incline This next Summer the King got free from his Attenders for being in Faulkland he desired to visit his Uncle the Earl of March then at Saint Andrews where he took a view of the Castle and being entered the Captain of the Guard Colonel Stuart acquainted with the Design clapt to the Gates and shut out the Company and the next morning came the Kings friends the Earls of Arguile Marshall Montross and Rothess And of his former Jaylers none but the Earl Gowry was admitted by the Collonels means who had been his Servant and upon his humble submission for his Fact at Ruthen was received to mercy and all these Lords elected his Counsellors with Inhibition that none should presume to come to Court with more attendants than fifteen with an Earl or Bishop ten with a Lord or Abbot or Priour and six with a Baron And now declares in publique That however his Majesty did with patience perforce indure his restraint at Ruthen and all those former passages of Treasonable disloyalty yet willing to be an Example of Clemency to others he in favour pardoned all admonishing the Lords to do so too amongst themselves Yet their consciences accusing left not to convene in tumult and therefore for more security to the King they were confined to several Places by Proclamation which they disobeying were denounced Rebells except Angus who submitted and now was Iohn Metallan admitted Counsellor and hereafter became Chancelor of State These affaires took up the summer and at the fall of the leaf comes secretary Walsingham from Queen Elizabeth expostulating the Kings receiving of Arran and casting of his nobles who though thus mutenous as you have heard were yet justified by her to be defenders of his Crown The King told him He was not to be taught to rule in his own affaires being as free as his Princess and that his promise against Arran was made under his restraint but now being at liberty himself he doth him but the like justice Expecting his so much friendship from his Sister the Queen not to countenance his subjects in Rebellion The Ambassadour replyed that his Mistress medlâ—d not but for his good and complains that one Holt an English Iesuite and plotter in Throgmortons treason should be imprisoned by the King and yet permitted to escape by means of the French and not rather sent to the Queen he was answered that Archibald Dowglas guilty of his fathers murther and in England was not rendered to him as was desired Though in truth Holt got loose without leave And so the discourse ended in peace And in November Lodawick eldest sonn to the late Duke of Lenox from France at 14 years of age the King having sent for his Brethren before Investing him with his fathers honnors and lands and the Earl Montross to be his Trustee Some years after came over his sisters Henrieta married to the Earl of Huntley Mary to the Earl of Mar the third avowed her self a Virgin to the Cloister A younger sonne remained in France untill the King came into England where he was advanced to great honors Thus did a gracious King for a distressed family The former Declaration against the mutenous Lords could not deter them from conventions pretending the time too short which was limitted for their submission unto confinement And therefore in an Assembly of the Peers the King renews his offer of pardon to such as would confesse their foule act at Ruthen and submit to conforme themselves accordingly The Earl Rothess protests his subscription to that fact was forced upon him and repents to mercy from whose example the rest followed and the faction to fall asunder They had pardon and leave to depart some into Ireland others to France Amongst whom was Gowry who yet delayed his journey whilst he fell into new practises which brought him to his death No wonder to finde the Ministery much concerned in their Sermons to justifie one or other of these Revolters and the fact of Ruthen necessary and lawful Andrew Melvil affirming to the Council That the Presbytery only had power and authority to judge and censure the Pulpit and not the King nor his Council In primâ instantià to meddle therewith though they should be treasonable Telling the King to his face That he perverted the laws of God and man Upon which he was charged to enter his person in Blackness forthwith but he turn'd back fled to Barwick that night and alwaies after the Ministery complaining That the light of of the Countrey for learning and the only man to resist the enemies of Religion was exiled and compell'd for his life to quit the Kingdome And though the King descended to satisfie the people by Proclamation therein yet it caused a murmuring and encouraged Gowry to expect Mars and Glammins returne out of Ireland to joyne in Armes for Reformation of abuses in Church and State for preservation of the King and Kingdome The wonted old pretence of all Rebells Gowry to colour his intended treason from suspition comes to Dundee and there presseth a ship for his voyage But the King quickly advised sent Collonel Stewart Captain of the Guard to seize him who with others made some resistance but the Town concurring with the Captain he was taken and conveyed to Edenburgh under costody of Arran Within two daies after Angus and Mar surprise the Castle of Sterlin but hearing of the Kings march with formidable forces they fly into England Gowries confession under his hand sets down their practises thus That himself perceaving the Kings favour declining and his estate aimed at by power of his enemies he was forced to seek his own relief by concurring with other Nobles in the like Case by the means of James Erskin who travelled therein and assured me of their Return to Sterlin where we concluded That at home it was expected that all those who subscribed the bond in the first alteration would join with us and besides them the Earls Marshal and Bothwel the Lord Lindsey and others of the West From England we expected supply and that the Queen would intercede for restitution
of the Hamiltons At his comming to Sterlin he writ to the King thus Please your Majesty It is neither diffidence nor despair in your Higness favour and clemency towards me nor any desire I have of life that moves me to require some short audience of your Majesty But there is a purpose of such weighty importance which is needfull to be imparted to your Highness that might have endangered the Lifes and Estates of your Mother and your Self if I had not stayed and impeded the same the relation whereof concerns you more than the lives of 500. such as my self wherein I am assured of your Majesties gratious answer The matter is not the concealing of a Treason but the revealing of a benefit April 1584. His Petition is denyed and the same brought in evidence at his Tryal being in May indicted of four points 1. That in February last David Hume Mars Man came at night to him at Perth communicating the surprizing of Perth and Sterlin and so concealing and consenting to Treason 2. The like he conferred with James Arskin a Trafficker from Mar Angus and others 3. That being in Dundee and charged by his Majesties command to render himself to the Lord Petten Weym Chancellour and Captain of the Kings Guard he did notwithstanding oppose him with Men and Arms convoking aid of the people to assist him in his Treason 4. That being obliged to maintain his Majesties Life Honour and Crown and having Intelligience that concerned the life and estate of the King and the Queen his Mother he treasonably concealed the same He excepts against Sir Iohn Gourdon who sat chief Justice for some enmity betwixt Gartland his Kinsman and him But this exception was soon refelled being only affinitas affinitatis Then that the Noblemeâ— that examined him promised that his confessions to them should not be urged against him But it was answered That their words could not warrant him He stood upon fourty daies time to answer for Treason He was told that the King might arrest at his own pleasure To the last point of Indictment That what he offered to reveal to the King was not of Treason But he was answered that the concealing might tend to the Kings destruction The Indictment was found the Jury were eight Earls and eight Lords and his Sentence as in Treason and so in the evening was only beheaded He had been of good Fame and Honour in Court accounted wise yet he dealt in Witch-craft for revealing the future state of things though for the general misopinion I find of the Presbyters against Judicial Astronomy we may conceive him no otherwise liable to their idle censure therein Nor was he accused thereof in his Tryal nor did repent of it at his death yet is acknowledged to take it with peace and patience in contempt of the World and assurance of Gods mercy His Death shewed the way to Archibald Dowglas and Iohn Forbess executed after him the rest of the Conspiracy had Banishment or Pardon The Ministers had been nibbling at these treasonable Baits and Polwart Galloway and Carmichel not compeering were denounced Rebells and fled into England And in this Parliament in May the Attempt of Ruthen was ratified the Kings authority over all persons confirmed the declining his Majestyes Iudgement and the Councils to be Treason the impugning of the authority of the three Estates or procuring their diminution to be Treason all Iurisdictions and Iudicatures spiritual or Temporal not approved by the three Estates to be discharged And an Ordinance made That none should presume privately 〈◊〉 publickly in Sermons Declarations or Conference to utter Speeches to the reproach of the King his Parents and Progenitors or to meddle with the Affairs of State under grievous 〈◊〉 Now was the Ministers Spirits on fire that they were not first heard and Lindsey was committed Lawson and Balcanqual flyes into England so did Poul who impudently protested against the Parliaments Ordinance and were all accounted Rebells Hereupon the King declares his Reasons to curb the Ministers First their allowance of the Fact at Ruthen Melvils Declining the King and Council The Fast kept when the Ambassadours were to be feasted and other general Fasts through the Realm without the Kings Authority usurping Ecclesiastick Iurisdictions Alterations of the Lawes at their pleasure and a number of such abuses To these they impudently replyed in Pamphlets Libells and 〈◊〉 pens against the Court. And Letters from those Fugitives to the Ministry and Session of the Church and Council of 〈◊〉 Town Excusing their Absence for resisting the wicked Ordinance and not submitting to the Tyrannical Regiment of Bishops whom they stâ—led Libertines Belly-Gods Infamous That after their zealous wrestling with God they had revelation to depart and hoped after destruction of the Antichristian Prelates to return home to their several flocks in Peace But by the Kings direction this insolent Letter was replyed unto by the Session wherein after the just confutation of their abuses on the King and State They discharge themselves of being their flock and of they their Pastors and thank God the Revealer of secrets that made them manifest their own shame and relieved them from such wolves in shew of Pastors and being assured that his Majesty will furnish them with more quietâ—r Ministers they commit the others to Gods mercy and to repent for their former offences This letter subscribed and sent to England was copied out and divulged to their eternal condemnation and out of regret of the guilt thereof afterwards Lawson died with grief at London And at home occasioned others to follow per force many imprisoned some executed for meddling with State-matters Subscriptions and Sermons so treasonable although the Kings mercy endeavoured to reclaim them such were their insolencies that sundry of them suffered for example to others conformity These troubles in Scotland brought disadvantage to the poor distressed Queen Mary for whose relief some practises were set on foot in England by Throgmorton Lord Paget and others the Earls of Northumberland and Arundel the Howards also rather suspected out of their general profession of Papistry and affection to Queen Mary and also by Morgan and others in France and all for her As more particular by Mendoza the Spanish Ambassadour in England who being discovered stole away secretly to Paris being charged with Throgmortons Plot to bring in forein Power for which he was hanged And Mendoza as boldly recharged this State with practices against his Master for at this time England countenanced the Netherlands the Duke of Aâ—joy and Don Antonio the Portugall and the Ambassadour of Navarr now in England and all these against Spain But to colour these to excuse this State and to complain of the Ambassadour Wade Clark of the Council posts into Spain whom that King refers to his Council without vouchâ—aâ—ing to see him and not being heard at all returnes home again And by some
but where her Servants and Friends could give good testimony thereof K. Iames her Son in sad perplexity for his Mother sends William Keith of his Bed-chamber with Letters to Q. Elizabeth though it seemed strange to him that the Nobility and Counsellours of England should take upon them to sentence a Queen of Scotland and one descended of the Royal Bloud of England yet he would think it monstrous justice for her Virgin Majesty to stain her hands with the Bloud and Death of his dear Mother a Lady of in comparable excellency in the worlds opinion and of the same Royal condition and Sex with her Self So if it should be resolved desires her to consider how his Honour stood engaged that was her Son and a King to suffer his Mother an absolute Princess to be put to an infamous Death Keith after some time of delay urges for an Answer but finding no hope he receives other Letters commanding him to shew the Queen how unjust the Proceedings had been against his Mother the Laws of God and Nations for an absolute Prince to be sentenced by Subjects and she the first Example of profaning Sovereign Diadems Himself concern'd in Nature and Honour to revenge such indignity and wills him to labour the delay of her Execution till he could send Ambassadours of his own into England for by Letters from Archibald Dowglas his Lieger in England he found him evil disposed to the business and therefore resolved to send one more honorable and of greater trust in his place But Keith doing his duty shewed the Queen his Masters direction enforcing her into some passion till Leicester and others calmed her and then she told him She would give no Answer in anger but consider till morning when she told him that no haste should be used if any other should come from the King in reasonable time â—roceedings should be staid and be glad to receive overtures to save the Queens life and assure her own The King certified of her passion posts other Letters more calm since his other were construed as threats to her Estates and therefore he courts her into kindness protesting that the Rumours spread amongst his Subjects moved them into disquiets and mutiny at the forms of Proceedings again their Queen That for his part he could well distinguish any pressure by the peril of her own life and so not blaming her directly prays her to put a kindness upon Him Her real Friend desires time till his Overtures be heard hastily coming by the Master of Gray and Sir Robert Melvil who were to set out on Saturday after and came to London in eight days Queen Elizabeth was better satisfied with these being frightned before into fear of breach of the late League and War with her Neighbours and so gave them speedy Audience She told them how sorry she was no means could be found to save their Kings Mother and secure her own life They answer Their Sovereign to save her life will interpose his credit his Nobility as â—ledges that no Plot or practice should be contrived by her against your Majesty or otherwise to set her aâ— liberty and send her into Scotland and so the better to secure the Queen Asking the reason What should move any man to attempt against her Majesty for Queen Maries sake Because said she they think Her to succeed me and she a Papist Then say they these means being taken away the Danger apparently ceases for if her Right in Succession to England shall be made over in our Sovereigns Person Papists will have no more hope and this we are sure his Mother will resign to him But replied the Queen she hath no Right being declared incapable of Succession If so that she hath no Right said they the Papists pretences cease and so no fear of them to enterprize for her But said she the Papists allow not our Declaration Then let it sink said they in our Sovereign by her Resignation Leicester being by objected that She being a Prisoner could not 〈◊〉 They answered It being made to her Son with advice of all her Friends in Europe in case Queen Elizabeth should miscarry none would partake with the Mother against her Son all the Princes her Friends standing engaged for her Resignation that it should be valid and essential for her Son The Queen mis-understanding was told the Ambassadours meaning that the King should be in his Mother place Is it so says she Gods Death that were to cut mine own throat He shall never come to that place and be party with me She was told that coming in his Mothers place through her Death he would be more party Well says the Queen tell your King what I have done for him to keep the Crown on his Head since he was born and for my part I shall keep the League betwixt us which if he break shall be a double fault and in passion got away Melvil made after requesting respite of execution for eight days Not an hour said she The King by this Conference expects extremity and therefore writes to Gray Think not to reserve your self any longer nothing doing good if her life be lost adieâ— dealing with that State As you affect my favour spare no pains nor plainness Reade what I writ to Keith and accordingly conform and in this your industry let me reap the fruit of your great Credit there and Duty here either now or never Farewell Leicester took some pains in a tedious Letter to satisfie the Kings importunity by telling him the common jealousie of all Princes for their own security especially by such persons as being within a Kingdom and claiming Title to that Crown should conspiâ—e with Traitors to kill the Queen comforting the King as well as he could how more dangerous Queen Elizabeths Death would be than his Mothers liberty would advantage concluding with grave advice not to quarrel the breach of amity and their last League of firm friendship And to boot Walsingham writes to the Secretary of Scotland the Lord Thirlstan with whom he kept private intelligence as a wonder the Kings earnest desire to save his Mother seeing all the Papists in Europe affecting the change of Religion in both Realms built their hopes altogether upon Her who in passion to Papistry had transferr'd her Right to both Crowns unto the King of Spain in case the King her Son should persist in his Profession And true it was that such tricks were rumored to divert the King from constancy in Religion but never so done by her if you will credit her Declaration at her Death though I know for I have seen it a Popish Abbot in the life of Cardinal Laurence at that time Protector of the Scots Nation affirmeth the said Translation of these Realms to be in his hands and delivered to him by Court Olivarez the Spanish Ambassadour at Rome but such forged Tales and Titles might have served the turn if the
the manner It hath been conceived over-long saith he to defer my Mariage being alone without Father Mother Brother or Sister and yet a King of this Realm and heir to another which nakedness made him weak and his Enemies strong For one is no number and where no succession contempt follows And my delay thus long may beget a suspition of impotency nor am â— over rash or passionate without reason to direct me but the treaty made perfect I resolved of a Bridegrooms honor to make it possible on my part which was not on hers to perform to me For the manner I first intended the voyage to the Admiral Bothwell which miscarried upon his Miscarriage Then I commended it to the Chancellour who in truth and prudence made some difficulty for the State to furnish a Fleet seeing the Queen was there provided but zealous of my service offered his duty and obedience which I made publick reserving my resolution only to my self not that I varied from his Counsel as in my weightier affairs heretofore I valued but to cleer him from advising me this way with hazard of my person and which indeed had not become any Counsellor to have done And because his wisdom enabled me in my youth to what I did it might still reflect also on my weakness to be wanting to my self and suffer him to act all to the Malice and envy of others and so in pitty to heap no more slanders on him I made this work my own without injury to any Besides what I have said the short passage and safety from Seas and Sands without Peril of Pyrates for other enemies I have uone conclude that it is my pleasure that all conform to my directions in my absence God willing not twenty daies Farewel Iames Rex This Declaration was the next day after he was shipt presented by Hay Clerk of Register to the Council together with the directions hereafter Seeing it hath pleased God to bring Us to the age of Manhood and that nothing hath been more earnestly desired by our good subjects than to have Us honourably matched that the Crown might descend to our Suâ—cession after so many worthy Progenitours And so setting down the course of his Treaties with Frederick King of Denmark lately deceased and contracted by Proxie with his Daughter who in her voyage to Scotland was by storms driven to Norway willing rather to winter there than to return back This hazard so far adventured it becomes him in Kingly honour and affection to relieve so great a Princess from so long time of sadness and to associate her Consortship with his presence and God willing to return back in twenty daies We hope no man will seem to regret upon our pleasure and purpose seeing the Kingdom hath wanted a Governour longer than we now intend by our absence from the Death of our Grand-mother the Queen Regent unto the arrival of our Dearest Mother out of France fourteen Moneths and the State in that time more happy in Peace and Quietness than before or since and yet we have and do Ordain That our Council remain at Edenburgh and the Duke of Lenox our Nephew Preâ—ident thereof assisted by our Cosin Francis Earl of Bothwel together with our Treasurer Controwler Master of Requests Privy Seal the Captain of the Castle of Edenburgh Advocate and Clark Register or five at the least of them Then he ordains several Noblemen in their Courses to attend at Edenburgh for fifteen daies Anguss Athol Fleming and Innerness to begin The next course to be by the Earl Mar and Morton Seaton and Yester the Barons of Lothian Fiâ—e Shrivelingshire and Strathern The South to be commanded by the Lord Hamilton Lieutenant General to be assisted by the Lords Maxwel Boyd Herris Hume Cesford and to reside at Dunfres or Jedbrough Finally he recommended the Church to peace and quietness and to discharge all Conventions and other Assemblies till his return and not to fail to remember him in their dayly prayers for his safety and happy return And thus having settled affairs at home he imbarks with Maitland the Chancelour Ballendine Iustice Clark Dowglas and the Gentlemen of his Bed-chamber and honshold Servants and Lindsey his Minister and â—rrived neer Upsto in Norway within five daies after The Sunday following he did solemnize the Mariage and the ceremony was performed by Lindsey in French and because of the Winter season he was invited by Ambassadours to visit the Queen Mother and her Son Christern King of Denmark elect The King Queen and Train set forward the two and twenty December from Upsto and came to Bahouse a Castle bordering Norway and Sweden the 1. of Ianuary where he staied seven daies for a Convoy from that King then at Stockholm and was met with a Troop of four hundred horse upon the Frozen River and so to Denmark the next day to Westbury five daies thence to Falhenburgh Holmstade Cowhalm Elsingburgh and the 21. of Ianuary received by Queen Mother at Crownenburgh the young King the Duke of Holstat his Brother and the four Regents of the Realm with all possible magnificence There he remained till the end of February and being to give honour to the Nuptials of his Queens eldest Sister with Duke Brunswick to be in April next he advertiseth his Council the reason of his stay and sends for shipping to return which were six arriving at Elsenore in the middle of April and landed the King Queen and Company at Lieth the twentieth day of May. Not without the general opinion that the Witches in the blind Light of the Gospel usually trading for Devilish Money had his help to hinder the meeting before which now notwithstanding prospered well by the Kings presence so it was ascribed It being confirmed also afterwards That Bothwell had inquired of them the Kings fortune which by Law was made Treason Queen Elizabeth congratulates the Nuptials by her Emissary Edward Seymor Earl of Worcester with the honor of the Garter as she had done to the French King In whose absence a wonder to all that no insurrection or feud had been in publique or private unless two petty Riots by Wachop and Clangregore nay Bothwell so reclaimed that in true sense of his former debaucheries does voluntary penance and confession in the publique Church But this resolution lasted not long for he returns to the vomit to his utter undoing hereafter The Bishops absent Bruce performs the Ceremony of the Queens Coronation a Iewish rite sayes the Ministers abolished at Christs comming and introduced by the Pope and not to be used Certainly that ceremony had not been used by the Jews only and being mentioned in Iudges by Parable shews it was a custome in creating Kings and frequent with other Nations Hasael of Aram was annointed by Elias and Esay calls Cyrus of Persia Gods annointed Nor was every rite if introduced by Papists to be rejected Seeing therefore all free Monarchs use the same their
annointing was as justifiable as their Crowning with other ceremonies of Sword and Scepter But rather than a Bishop should profane the office and that one of themselvs be the first Minister Presbyter that ever sanctified that ceremony they were content that Bruce should do it on Sunday following at Edenburgh 2 daies after she made her triumphant entry through the Town with Feasts and Banquets Masks and shews for two moneths together These popish proceedings in Scotland makes Queen Elizabeth more serious at home both Kingdomes involved in the like danger which to prevent she falls upon such as gave most suspition and having restrained Philip Howard Earl of Arundell for three years in the Tower to keep him out of the way of doing mischief she now conceives it more safe to take him quite away from further danger He is arraigned therefore at Westminster The Earl of Darby High Steward for the day His accusations were such of which usually the greater Catholiques are guilty and being confirmed by Cardinal Allan before his banishment Parsons and other Jesuits with whom he kept correspondence viz. for reducing Papistry here proved by his Letters and the confessions of several Traytors lately executed Savage Throgmorton Babington Gerrard and Shelles But the Bull of Sixtus Quintus deposing the Queen and so the Legacy of these Realms bequeathed to the Spaniard together with his devotions prayers and Masses for successe of the Armado the last year 88. was the Choak-Pear which could not be relished His tender years thirty three not able to defend innocency in opposition to those excellent Pleaders Popham Egerton Scutleworth men of admiral abilities in the law made him submit to their arguments with some palliation and excuse not sufficient to save him from sentence of guilt which he received with submission saying Fiat Voluntas Dei His request was easâ—e to see his Wife and young Son born since his imprisonment whom he left to the Queens favour which was effected to the Fatheâ— also with pardon of his life though she kept him up from doing harm The loss of the Spanish Fleet and credit last year incourages two gallant Undertakers Sir Iohn Norris and Sir Francis Drake with the convenient assistance of the Queens men of War to an expedition into Portugall with eleven thousand Souldiers and fifteen hundred Mariners It was not amiss to take up the Claim and to take in the person of Don Antonio base born Prior of Craâ—o to the Kingdom of Portugall upon his vain expectation of that nations revolt from Spanish thraldom and assistance of the King of Morocco all which failed They land at the Groyne take and drown it burn the villages thereabout with slaughter of the Spanish forces three miles chace and imbarque again for Portugal where they land and march sixty miles to Lisbone over against the sacred Promontory St. Vincent where they feign there are certain Mares at a set time conceive by the Wind and bring forth Foals who live but three years several Authors say so The Suburbs of this City abandoned they enter and intrench whilst Drake undertakes to pass up the River to the City but he failing upon the shallowness of the Water and danger of the Castles no Natives comming in to their design and the Calanture infecting their Fleet they return with honour upon the enemy but loss of six thousand men by sickness to which the Northern people are subject and by contraries the Southern are rather confirmed in the North. Inward heat being remitted or intended by outward air as by sad experience of Iohn of Gaunt Duke of Lancaster in R. 2. and the Marquess Dorset 1512. and this now We call it the Earl of Essex Expedition who indeed ambitious of common Fame put himself to sea and got aboard the Fleet conceiting that their respect to his birth and quality would receive him their chief but was mistaken in that honour though he carried all the commendations with the comman man as titles get advantage from the merit of others more deserving though I know this comment upon that Lord gains little credit in these our daies With this honour of assisting the distressed Portugall the Q. assumed an interest in others her Allies to ballance her common Enemy the Spaniard and his Catholique cause as it fell out forthwith in France and Navaâ— For the French King Henry the third not likely of issue that Kingdom was to descend to the King of Navar and afterwards to the Prince of Conde both Protestants whereupon the Catholique Peers of France combine a Holy League Not to permit a Reformed Professour to reign no though he renounce it lâ—st he rechange his Religion with his State This design was to exclude Navar and Conde The fortunate Successes of the Duke of Guise the chief of this Villany magnifies him above the King who in jealousie of surprize by the multitude retires from Paris to Bloys where his necessity forces him to consent to the Holy League and ruine of the Religion and Guise to be Generallissimo and all this under Seal and receipt of the Sacrament But repenting of what he had done caused Guise in the Presence Chamber to be run thorow his Brother Cardinal to be strangled and his Son Cardinal Bourbon and others of the League to be committed Hence followed a various Rebellion the people at liberty to do what they list and several Cities affecting several Governments Democracy Aristocracy Oligarchy few or none Monarchy The Leaguers get possessession of the Crown Revenues a new Seal share the strong Holds are joyn'd with some Parliaments and all the Cleagie who cause one of their Monks Iaques Clement to murther the King The first Murther and first occasion of that damnable Docctrine of the Iesuits to murther Kings which the Pope Pius Quintus stiles Rarum inâ—â—gne memorabile non sine Dei particulari providentiâ Spiritus Saâ—cti suggestione designatum longè majus esse quam illud sanctae Judith quâ— Holoâ—ernam è medio suâ—â—uliâ— The Iesuit Francis Verona Constantinus in his Apologie for Iohn Casteelin c. Câ—m eâ— tempore c. that King being become intolerable it was not lawfull de jure or de faâ—to â—o condemn this Act of Clement by reason of King Henries tyranny in Church and State for his horrid Murders at Bloys oppression of Catholicks and favour to Hereticks and so became a private man subject to the Civil and Canon Law Besides says he this act was lawfull being committed upon him from whom all obedience and alleageance of his Subjects were taken away by the Pope Platina another Historian makes it the common opinion Eâ—m Clement à nemine ad hoc factum subordinatum â—ed à â—eipso poâ—tquam duabus aut tribus mensibus in hoc animi conceptu perseverâ—verat ad hoc arduum opus permotum esse instigatum post jejunia longa post orationes ad Deum
Castile purposely for English and Scotish Fugitives to draw their obedience from hence to him and being finished Pope Clement the Eighth must needs by his Bull confirm it which is dated the first year of his Popeship Quoniam c. multi Anglicani exules adolescentes fuerunt experti qui ex miserabili Angliâ— Regno in Hispaniam transfugerunt And why because quod alias tantoperâ— floriut erga fidem Catholicam devotisimam fuit nunc etiam Haereseos gravissimo infortunio affligitur atque opprimitur in Hispaniam transfugerunt c. But not all Exules adolescentes No I warrant you Ii tantum says one qui ad finem illorum consequendum aptiores esse videntur and then swear to take Orders and return home to England to adventure for a Halter that is To convert as many of my Countrey-men and Kinsfolk as I can whensoever I shall be called thereto by my Superiors whose command I will be ready to execute as believing that not He so much as God himself doth put me on that Errand And thus prepared they come in Disguises with Equivocations that by their bare habit none can understand them counterfeiing all shapes and professions and are justified they say by example of Eusebius who in the time of Constantine the Arrian Emperour did so under covert to visit the Assemblies of the Catholicks and to instruct them Rabadineira Append. Schismat Angl. cap. 23. But we must bethink what becomes of Bothwell who being fled from his friends and almost forsaken he was invited by some at Court Instruments to serve the time and Servants to the Duke of Lenox men of mean fortunes but fit enough to to add fuel to to any Enterprise with their assistance and therefore had trained into the Conspiracy Colonel William Stewart Neswich the Kings Surgeon and Iames Douglas of Spot who in truth came in by another occasion thus a few days before George Home of Spot his father in Law was killed by some of the Sirname of Home and Craw Sir George Home Nephew to Spot charged Iames Dowglas as Author and Accessary to the Murther this jealousie arising from some interest of an Estate in difference between them upon this but suspition three of his men are imprisoned and threatned with torture to confess the King some say had a strong conceit of their guilt and commanded that course of Tryal Spot laboring for their reprieve of this punishment and not prevailing he joined in the Treason being told of it in the heat of revenge The manner of the Conspiracy was thus Bothwell in disquise out of England should lurk neer the Court with his followers dispersed till the time should let them in by night through a back way into the Palace and surprize the King and Chancellour and with hope of Success all the Court after Each man had his quarter and particular charge to take the sign given and to fall on It took effect thus far they were entered and after mastered the Inner Court Dowglas too forward for his â—â—rvants imprisoned and to free them for assistance the number and noise breaking open the doors where the Prisoners were startled the King at Supper and hearing the cry Treason Treason gat up to the Tower for his better safety Bothwell earnest to order all commands some to beset the Chancellors Lodgings whilest himself hastens to the Queens quarter which he finds baricado'd and therefore endeavours to fire it In which time Sir Iames Sandilands of his Majesties Bed-chamber with some Forces of the Town Edenburgh entring by the Church of Holy-rood-house beat him and his company from the fire and the alarm happily hastened the Conspirators fled and escaped in the dark by such several waies as brought them in But Bothwell must have blood and encountring by chance with Iohn Shaw a Gentleman of note who had the better at the Sword till Bothwell snatcht a Pistol from his Page and shot Shaw dead In the pursute nine of the Train were taken and by Club-law were hastily hanged the next morning before cold-blood could quiet the rage of the people Thus far this defeat had Success But Bothwell got Northward towards Earl Murray intending his Supply which the King suspecting sends the Lord Uchiltry to decoy Murray into the South as to work reconcilement with Huntley but a false rumour being raised this while that Murray was seen with Bothwell in the late Enterprize Huntley hasty enough to malice and revenge got Commission to bring him to a Tryal Murray not minding any mischief herein was on his way at his Mothers House the La Downes neer Forth and being too secure from sudden attempt Huntley gets aid of the County and summons a surrender Murray making much of a needy case returns bad words and Bullets too boot which shot the Sheriff to the heart and some others into a fear that altered their fighting to firing the House and forced them within through smoke and flame to come forth and yield The evening shadowed the enterprize from discovering their Prisoners for the present but whilest they peeped for Murray he not yet come out And being put to the plunge broke through them all with wondrous courage escaping their seisure yet weary and tired shrunk down within the cleft of the Rocks and by his Head-piece discovered to be him he was without mercy of a common man miserably slain For Huntley in this treacherous if true fearing he should be innocent of the Conspiracy might in honour have afforded him quarter which was desired but to be sure of his death ran him often through after he was a dead Corps and having hastened the news to the King galloped away Nortâ—â—â—ard leaving his cosen Captain Gourdon wounded who was brought to Edenburgh and publickly executed to pacifie the people I have seen what some have said who should be guilty of this good mans blood but I dare not suspect where I am not sure of authority to bear out the blame nor can I find any cause in the King the jealousie is raised by the sudden News that posted to Court as of good service but that was Huntleys villany by the speed to lodge it on any from suspition of his own private revenge Yet it fell foul on the Chancellor a fate or fashion of King and Favourite Princes have Pupils to bear their stripes the Dog beaten for the Lion and sometime Soveraign suffers for them when Revenge grows high they meddle with the Magistrate but being gotten into power no Majesty escapes Who ere were in fault Edenburgh was to hot for the Court to hold out Murray bemoaned of all the King removes or rather ran away with the Council to Glasgow not â—afe there neither till Huntley was â—ound out to render his Person to Prison in Blackness but was soon demitted upon caution to answer any summons His sudden discharge set mens tongues on work and incouraged their faction to
and outward Gates enforced the King to shew himself to the People who were come to his rescue as in freedom and to command them to depart And Bothwel thus emboldened got Bowes the Ambassadour to side with them and to urge these Articles from the King Pardon of all former Attempts and Treason by him or his Associates with restoration of all which they heretofore possessed and to abandon the Chancellour the Lord Hume the Master of Glammis and others To all the King signed with witnesses of all manner of men Lords and Ministers thereunto The next Day August 20. the King removes to Falkland Lenox Ochiltry and Crichton of Clany waited on him with directions from Bothwel to see that the King kept to his late Articles in which time Bothwel attained an Assise to purge him of his practicing with Witches the original of his mischief but the King in disdain to be thus misused goes to Sterling and under colour of conâ—orming the Highlanders proâ—ures a Convention of other Lords necessarily frequent and effectual Hamilton Mar Morton Glencarn Montross Lindsey and Levingston two Bishops and two Priors and some Burgesses The King enters them with some business of the Borders but in earnest relates to them the Indignities he had endured by Bothwel which they knew and puts it upon their Honours whether he were bound to the late Conditions so extorted from him in terrour and fear of his life lets them see their own insecurity when himself is over-powred and forced by Villanies as a captive King to submit unto Subjects unjust demands in destruction of his loyal Councellours and eminent Officers They concluded Bothwels Fact treasonable and those Articles void freedom in the King to call his Servants and Councellours about him and resolved to publish by Act his Majesties power as a free Prince to chuse his Councellours and Servants about his Person and that the Conditions signed to Bothwel in August last to be null And being now set upon it two Commissions were sent to him to signifie thus much and of the Kings favour for him to supplicate for pardon before November next and then to depart the Realm till the Kings pleasure Bothwel seemed humble but meets with Athol Montross and a number of men at Sterling to whom the King sends to dissolve his Train and retire home for the King was coming thither with the Lord Home and some Forces were sent before to scoure the way who encountring Montross takes him Prisoner and the Court coming to Edenburgh Bothwel is cited and denounced Rebell again These Troubles were raised by the Lords of Religion but see what the Papists do The Catholick Lords had been cited to the last Parliament in Iuly but failed by some defect in the Libell and so were remitted to the King and Councel which was suspected in favour the Synode of Fife therefore excommunicate Angus Huntley Arrol Home and Chisholm and writ to Edenburgh for them to do so there The King displeased with such Proceedings requires M. Bruce there great Pastor to stay Sentence the Persons neither cited nor subject to Fife Synode and if this be your Order says he for one to excommunicate with their direction for others to do so too who can be sure to eschew trouble But Bruce boldly told the King that the Ministers had their own Reasons and were answerable onely to the General Assembly Well says the King your Discipline hath distasted all men and seeing your practices are without good President I will bethink me of some Remedy The Popish Lords complain to the King at Falaw and humbly crave a legal Trial but were commanded to enter their persons at Perth and abide there till the Trial and lest any jealousie should censure the King as conniving the Abbot of Lunders was sent to the English Ambassadour and to Edenburgh Ministery to tell them the truth and it was time so to do For now such News got wings and Commissioners of all the several Churches from all parts convene and finding the Church of God King and Kingdom in eminent peril they prepare Articles of advice That the Trial of the excommunicate Lords be not prevented but their Day prorogued onely for the conveniency of the Professors of the Religion to be their Accusers for their Treasons committed in the mean time to stand committed their Iury to be nominated by their Accusers the whole Professors of the Gospel that they being excommunicate and so cut off from the Body of the Church of God have no benefit of the Law till they be reconciled to the Church and that such onely as profess the Religion may be a Guard to the King against the Enemies of God the Countrey not brooking them and us together The King startled at their Inscription not owning he said such Convention nor them Commissioners assembling without his consent â—ut vouchsafed to receive them as humble Subjects but not otherwise commissioned And of his own gracious intention told them That the said Lords met him at Falaw and humbly craved a legal Trial to which the Ministers had often solicited and which in honor and justice he with his Councel had granted and considering the time and place Perth not so proper he had resolved it at Linlithgow at the meeting of the Estates and with their advice and that neither Iudges nor Iuries should be other than men indifferent and for his own Guard those whom he called thither should be welcom others should not be so They accused the Lord Home of residing at Court The King told them His Day assigned to satisfie the Ministers was not as yet and if you can accuse him in particular for the present let him answer for himself And so sent them away The Assembly unsatisfied advertise all parts to be in Arms at the Day of Trial which the King timely prohibits without his Warrant They answer that in the cause of God their Defence must not be deficient Which the King inhibits by Proclamation Declaring his course taken for their Trial in July last but hindred by Bothwels Rebellions he now convenes the Estates at Linlithgow for that and other necessities of the Kingdom the Lords themselves earnest Suitors to abide the Law and satisfie the Church and therefore commands the Subjects not to make Convocations but if any meeting were already of that nature then to dissolve and return home under pain of punishment But meet they would with such numbers as shortened the Proceedings and in summe Commissioners were chosen by the Estates to consider of the Popish Lords their Offers and Petitions to try their Accusations and Purgations and what they determine should be valid and effectual as in Parliament or Convention The Commissioners were the Chancellour Mar Montross and Rothes sundry Lords and Lairds and divers of the Ministery named to be admitted to the Conference The 12th of November they meet and conclude That the true Religion established the
insurrections for this hurried nation often to assemble so in truth little effects followed as at this time for the Ministers to colour their intentions would seem to enact against Self-Interest and begin with themselves and fast pray and preach daies of Humiliation that was all that they would do as to their reforming But then there was sure to followcomplaint of the corruption of Courtiers in the Kings Palace and justice Seats and fear of the banished Lords and left not till the faults were found such as are common even to the best Estates Then would they ravel into Counsel of the Remedies to which the King usually would afford consent but by experience finding out their aim and danger of them to be too severe and earnest which they called zeal the King wisely chekt the bit Telling them That unless there were any evident proofs that the Popish Lords since their departure beyond Seas had conspired with Strangers to the prejudice of the Realm in Religion or State their cautions cannot in honor or justice be convict nor would he change the course of charity and conditions to their wives and children And indeed in prudence the King held himself unsafe whilst such potent Lords were abroad for much mischief they might do underhand unheard and unseen And reasoning one day with Mr. Robert Bruce a leading Minister How much it concerned him to have them recalled That Queen Elizabeth grown old if deâ—th should seize her he might need assistance of his own Interest of State and honour would ballance these Lords even against Catholique or Spanish Titles or other Designs and by such interest may be sooner drawn to the reformed Religion than by compulsory extremity Mr. Bruce yielded to the Reasons to call home Angus and Arroll but not Huntley being so much hated The Kings opinion seemed further to oversway Because Huntley saies he hath maried my Cosin one that I esteem a man of Power to do good or evil and so to be made accordingly In the end Bruce was so bold as to tell the King in plain terms I see Sir said he your affection to Huntley whom I must oppose and you either loose him or me for both you cannot keep This insolency lost him the King This for one example of many which their own Historians record of their Ministers good behaviours and certainly this mans ambition and popularity out-vied the Kings who espying his Trayn that conducted him by the Court into Edenburgh By my Sal said the King Bruce puts me down in his Attendants The exiled Lords of themselves resolved to return but withall possible submission and to avoid the least suspition of jealousie they separate Arroll through Holland Huntley came before and out of the North sends Supplication to the King and Convention at Faulkland in August to reside where his Majesty would appoint upon caution of good behaviour The King concluded aright Either to ruin them and their race or to receive them all into favour and hope of reforming into Religion The first course saith he hath its own difficulties and trouble for me if I could effect it The other is more consonant to my humour and mine honor I desire not destruction errors of conscience are not of matters of the mind I like not to receive conditions from Huntley rather to advise of commands to them all with clemency and favour which was submitted unto And the publick joy of the Queens second Birth of a Daughter made up the common reception of these Lords to community and fellowship with the Congregations She was born in August the 16. day 1596. and to be baptized in November But now the Ministry make work their Commissioners assembling at Edenburgh send Post to all their Presbyteries the State of affairs for so is the Commission That the forfeited Earls were come home without Warrant are like to be received to mercy without submission for their offences of Treason or reconcilement to the Church and conditions confirmed unto them The Preachers Pulpit these tidings to their flocks publick and private to provoke into Tumult and to be in readiness to resist the dangers of Church and State The first Sunday of December held forth for Humiliation and then the power in the Minister to tell all to the people and to inlarge as the zeal of the Spirit shall promp them They assume power to call to account all manner of men Entertainers Receivers or communicate with them to be canvased with the censures of the Church Una citatione quia periclitatur salus Ecclesiae Reipublica And with such busteling with several Commissioners from all parts of the Nation to make Residence at Edenburgh and daily to convene to receive intelligence from all parts and return Edicts and Ordinances to prevent if possible the eminent ruin to Gods People And this daily Convention being a New Modell so must it be stiled The Council of the Church And instantly they find oâ— make work the Lord Seaâ—on President of the Session was 〈◊〉 to account by the Synod of Lothian Not that he was guilty but that their power and pride might strike terror in the people for as they had no proof at all and so as by President of the Popes inquisition his Oath purges himself assures him to their Conclave and so gets home again This monstrous manner of muteny makes the Men of State to foresee mischief and not being powerful to remedie nor was it politick to publish their errors to the people or scorn upon the face of the Church The President Secretary Advocate and Laird of Colluthrie were commanded by the King to confer with as many of theirs To whom they move the question whether if these Lords satisfie the Church otherwise his Majesty desires not that then they might be pardoned and restored to their Estates But receive a Court Answer They came only to hear Prepositions and to remit them to their Brethren And so they did with Apostolick Conclusion Their acceptance of the Kings behaviour and respect to the Church not to resolve of any favour to them Rebells till the Church were satisfied But their censure by Gods Law condemned them to death and being also sentenced to lose their estates they cannot be legally pardoned nor restored or if the King or his Council should take upon them to do otherwise they were to answer it to God and the Country themselves make protestation to be free before God and man I shall not comment upon this Text. The Popish Sanadrin does so An Historian of theirs calls it Passionate zeal under which all impudence may be maintained should they be ignorant of the tender bosome of the Mother Church parent to Babes and to repentant sinners Mark their distinction The Church hath power to do as she pleaseth but the King must not he must do justice The King is wroth against them all common resentment private and publick And wise men advise the
Ministers in prudence to make address to his Majesty and to understand his displeasure and also to offer on their parts terms of satisfaction and so modestly and mannerly to lay open the Grievances and to offer means of redress Somewhat they did not as they were advised or ought to have done The King tells them There could be no agreement till bounds of Marches are designed â—or reconcilement till Iurisdictions are distinguished Their preachings censured Councils of State They convocate General Assemblies without him or his Warrant and conclude as they please without his consent They meddle with all matters in their Synods Presbyteries and Sessions and under colour of scandals usurp that Notion to offend in all Besides he could sum up several sorts of their disorders which would take up time their own guilt should study means to amend otherwise things may become remediless neither to agree nor to last long without But to come to their points what could it be to kindle such fires and fears The Kings favour to the Popish Lords at Falkland and confirmed at Dunferlin His countenance to the Countess of Huntley whatâ— that She is invited to the Princess baptism The Education of the Princess to the Lady Levingston a Papist And to smooth all they condescended to say They were sorry for his Majesties displeasure The last he took up first That their abusive Sermons had given him in particular just cause To the Popish Lords what he granted was by General Convention and consent of Estates as needful for peace to the Realm The Lady Huntley was discreet and deserved more and that she is a Papist they are too blame that never taught her the Truth The Princess is intrusted to the Wisdome and Government of the Lord Levingston not to his Lady he to command she to conform Good God! their History of the Kirk stories many and many such Medlings which I forbear to mention By these and the like may be measured out their malice pride vanity and their cunning to colour all with conscience and zeal of Truth But it becomes dangerous Mr. David Blake Minister of St. Andrews rails in his Sermon against the King Council and Session of Estates and called the Queen of England by name an Atheist of no Religion Bowes the Ambassadour complains and Blake is cited before the Council Melvil meets him and makes it the common cause as a preparative against all to bring down the doctrine of Christ under the censure of the King and Councel And so far was it plotted with the Council of the Church that they desert the day of his Diet or appearing That it would be ill taken to question Ministers upon trifling delations When as the Enemies of Iesus Christ were spared and protected Telling the King who was descended to shew them Huntleys condition That both he and the rest should either satisfy the Church in every point or be pursued with Extremity and so no cause to complain of their oversight of Papists And though the Articles were framed and Printed satisfactory to all Yet they Publish That Papists were favoured the Ministers rebuked for siding against sin And that the Scepter of Christ was sought to be overthrown And if Master Blake should submit his doctrine to the triall of the Council the liberties of Church and spirrituall Government of Gods House be quite subverted And by all means a Declinator is designed to protest against such proceedings And in this fire of zeal in opposition to better Councell They answered that the cause of God concern'd them to withstand all future hazards It was trusted to Blake himself to present in presence of the King I know not whether prudentiall in me to suppresse it for fear of evil President But that it is a record Take it in the Breef That howbeit his innocent conscience maintained him sufficient against the Calumnies of whomsoever and that he was able and ready to defend his doctrine uttered in opening the words or application iâ— matter Yet seeing he was convened before the King and his Council to be judged for his doctrine and that his answering might be suspected a submission and so imputed a prejudice to the Churches liberties and to be taken as an acknowledgment of the Kings jurisdiction in matters spirituall He was constrained to decline that judicature First because the Lord Jesus Christ of whom we had the grace of his calling had given him his word for a rule to his Preaching And that he could not fall in reference of any Civill Law but so farr as he should be tryed to pass his instructions Which tryal belonged only to the Prophets and Pastors the spirits of the Prophets being subject to them alone c. Secondly in regard the liberties of the Church and discipline were confirmed by sundry Acts of Parliament and the Preachers office bearers thereof peaceably possessed therein perticularly in the indicature of the word He ought to be remitted to the Ecclesiastick Senate as the only compitent Iudges For which and other weighty consideracons inconveniences to Religion the State and Nation and to the King himself by the appearance of destraction and Alienation of his mind from the Ministery and the cause of God in their hands He for himself and in Name of the Commissioners of the generall Assembly who had sâ—bscribed this Declinator Besought that the Church of God might receive no diminution but rather manifest care to maintain the same The diet came and he required to make answer Said That albeit he might object against the Citation it being directed Super Inquirendis contrary to form yet he would take himself to the remedy of Law and to be remitted to his own Ordenary Being asked whom he meant He answered the Presbytery where the doctrine was taught The King told him the matters charged were civill and that the Summons had reference to the particular letter of the English Ambassadour He replyed that speeches in the Pulpit must be judged by the Church in prima instantia Being asked whether the King might not judg of facts of Treason as well as the Church did matters of Heresie That whether speeches in the Pulpit though but pretended Treasonable could not be judged by the King till the Church had remitted thereof But he answered That he was not come thither to resolve questions and so offered his Declinator The King not able to amend what was amiss meant to work it otherwise by remitting of further proceedings to Nov. 30. Mean while the Commissioners send copies of all transactions to the several Presbyteries requiring them for Corroboration to confirm the same by their subscriptions To commend their doing as the cause of God in publick fasts and Humilliation for the sins of the Nation by prayer and preaching The meaning thereby was to tell the stories to the people for maintenance of this their ill manners And which the King interpreted a direction to dangerous Mutenie and future
to trouble the Church with thorny questions nor yet to claim to himself any tirany over the same Only to have these doubts solved to prevent debate to him or his Successors and to settle the policie of the Church that so the corruption being removed a pure Harmony might be fixed between him and the Ministers to Gods glory c. The Articles were at first drawn up to fifty five and to be supposed that those questions were never decided but effectually they were in use to the prejudice of the King and people which no man till now durst dispute being left loose for the Ministers mental reservation Many of them were much troubled to submit their discipline to dispute which they had assured the people to be part of the Gospel and therefore mightily endevoured to prevent examining but the business so far forward the King had his party to press it on A note of observation what packing there was of voices for eithers advantage the policie of some the late Generall Counsels of Christendome having taught the way and these are apt 〈◊〉 to learn And therefore the Northern Conscientious Ministers not as yet tainted with the Iesuitical tenents were delt with by a Message from the King to be distinguished from the Mutineers of Edenburgh not esteeming them guilty of reproach with such evil subjects How well the King intended to them in particular and so hopes that their behaviour would evidence their resentment of his Majesties favour and affection They are desired to subscribe to the bond in acknowledgment of the Kings royal power and to accept the E. Huntleys offers to absolve him from excommunication and reasons enow given for these And lastly they receive the Copy of the fiftie five questions and are desired to send Commissioners to the Assembly appointed at Perth They with reverence make answer That as they were ignorant of the Tumult and the Ministers flight so they were silent in their judgment and censure This though in the general The Authors of that insurrection were Traytors and if Ministers to be double punished They had sworn to his Majesties power and regallity when they were admitted Ministers and would never decline it The bond mentioning Master Blakes speeches in Pulpit concerning application of doctrine which his Majesty had pronounced as a question to be decided in the next Assembly they humbly reserved themselves til that time And for the Earl Huntley his repentance should be most acceptable and they were content to conferr with him and use all means for his resolution fearing they should not find him earnest for absolution And least the Ministers should have cause to hank upon jealousies of the Kings favour and affection to the Popish Lords especially to Huntley for whom in truth he had earnestly endeavoured reconciliation He therefore writes to him peremptorily either to make faith and satisfie the Church or be banished for ever The day come the Assembly meet But not to trouble them with all those fifty five Queries formerly printed the King remits them to the future contenting himself for the present with a dozen Articles to be determined possitive 1. That it be lawfull to the Prince or any pastor to move doubts and crave reformation of any points in external policie and discipline of the Church not concerning salvation nor defined in scripture and to be done decenter animo aedeficanti non tentandi 2. That the civil and politick goverment of the Realm belongs properly to the Kings office and his Counsellors and not pertinent to the spiritual Ministry of the word nor to meddle in matters of state nor his Majesties Laws Statutes or Ordinances in the Pulpit 3. That Ministers shall not name particular men in Pulpit except upon notorious crimes as of fugitive or excommunication 4. That in application the Minister have respect to his flock without extravagant discourses impertinent 5. That every Presbytery take diligent accompt of the doctrine of their ministry 6. That Summary excommunication be utterly discharged and the sentence to follow three Citations at eight days distance 7. That no sentence or censure proceed from any Assembled but of those within their bounds 8. That all summons containe speciall cause and crime and not super inquirendis quod est mere tiranicorum 9. That no meeting be without the Kings consent except the ordinary session Presbyteries and Synods 10. That in principal Burghs no Minister be placed without the consent of the King and the flock 11. That seven or eight discreet Ministers be authorized to reason upon the rest of his Majesties Questions till time serve 12. That the Northern Ministers absolve the Earl Huntley fromexcommunication if he satisfie the Church Their answers to each were not received satisfactory and therefore they attend the King and Counsel where his Majesty reasons with them the justness of his desires and after serious consideration they conclude to the Kings liking A commission was granted to some of them to reconcile the Popish Lords to the Church And Articles ordained for Huntley Angus And Arrol to subscribe which they did The Ministers taken into protection and grace and all Papists in general except the Lords to depart the Realm before Iune And all the former offenders and Mutineers remitted to pardon which hapily concluded the end of this year And to shut up all with the time let us take leave of Iohn Lesly Bishop of Ross who took leave of this life at Bruxells in Flanders his constant abode since the execution of his Excellent Princess Queen Mary of Scotland a man memorable with reverence for his faith and constant service to his Sovereign and his extraordinary care and trouble travelling to most Princes in Câ—ristendom to interpose their credit with Queen Elizabeth for her relief induring all hardships for her sake examinations disputes imprisonings and at last banishment out of England as you have heard leaving his Mistriss without hope of redemption from her Captivity And therefore administers his last and best service spiritual consolations which he purposely writ to her in a Treatise printed and published full of piety and learning those no doubt composed his own mind with patience and comfort after her sad and miserable death which he bore off for some time till sorrow seized him into a languishing sickness He composed the Gests of his Native Countrey into Latine from the beginning of that Nation to his last time He was servent in his faith zealous and charitable and died as he alwaies professed a Juditious learned Romish Catholick And so let us see the affairs in England The Queen to divert the growing greatness of the Spaniard had assisted the Netherlands ten years in their rebellion as some stile it against him and now considered that whilst she established their tottering territories her self became poor and they had plenty And therefore by Bodly her Ambassadour she demands to be eased of her charge in her
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
Bishopricks should accept in and upon them to be actual Pastors and Ministers and according thereto should practise and exercise the same But the Office of them in the spiritual Policy and Government of the Church was remitted to his Majesty and to the general Assembly and so hereby occasion was soon taken to assemble at Dundee And first advises them to consider Whether it was lawfull and expedient that the Ministers as representing the whole Church within the Realm should have Voice in Parliament or not It was concluded for them They might as also in other meetings of the Estate and very expedient to have some of them always present to give Voice in the name of the Church The number of them was agreed upon to be one and â—ifty persons as of old in the Papistical Church But then who should elect those to have voice They were pleased with much ado to grant It did appertain partly to his Majesty and partly to the Church and so it came to after consideration De modo eligendi whether ad vitam What their Title with caution to preserve them from corruption What their Rents and Revenues with a number more such circumstances are recommended to their Presbyteries to consider and so to certifie his Majesty And because it was time for the Kings grace and favour to remit to mercy the Edenburgh Ministers such as of late were silenced to suffer them now to preach again but with such articles and conditions as bound up their better manners to the Kings turn not their own old tunes in the Pulpit Nor were they safe as they thought they should be till the King was pleased to declare That he did freely remit their former offences in hope that they would hereafter deserve it And so were all persons concerned in the late Tumult and all others in honour to the King and charity to their brethren concluded and contented But Mr. Iohn Davidson a malitious man he being behinde hand of preferment protested against the Assembly as not free but over-awed by the King And when he had put his Spoke into the Wheel slipâ— aside but left it in motion with more ado than was meet to make such a stir Mr. Robert Bruce a Preacher there for ten years yet never received Ordination to the Ministery pretending the approbation of the general Assembly equivalent if not more sufficient He was told that the Approbation which he had was only a Licence to preach but now to receive the Office it was necessary thereto Imposition of Hands No though he was instructed that the Ordination was not to question his former Calling but to confirm it nor would that serve unless he had a Declaration to him thereof set down in writing A whole fourteenight was wasted to make the form to please him and others that sided for him and his day of admission came Mr. Robert Pont in the Pulpit signified their business and being come down to assist the work Bruce was got up in his place railed against all the acts of the Commissioners and with his Tongue raised such a Tumult of the Commons that the poor Ministers appointed to administer Ordination were in fear to be stoned by the people and so got away and nothing done Upon this this the King commands the Commissioners to cite Bruce and censure him He did appear but excused himself and laid the fault on the peoples affection to him and being afraid what would be the issue pain of deprivation gave obedience and accepted his Admission with Imposition of the Hands of two Ministers Here was seen his perverse pride and wilfulness which fools referred to his true zeal And this good conclusion of the general matters of the Church gave like success to the conference at Falkland determining their Votes in Parliament concluding the manner of his Election who was to have Vote in Parliament that the Church should name for each Prelacy six whereout the King should chuse one That the nomination of them should be made by the general Assembly And his Rent provided out of the Prelacy whereunto he is preferred With such cautions to preserve him as was not to be feared he could transgress his bounds or be deposed ipso facto but his Title should be called Commissioner for such a place c. Indeed some of the Articles of Caution were ridiculous and absurd to be performed but such was the Kings wisdom to consent to all their conceits knowing that in time the benefit and good use of this Government would appear which he purposed says one to have established or rather to permit those inconveniences until weight of their own sufferings should betake themselves to abler conclusions The King having greater Councils of more importance to him next to the settlement of the Church and not till then proper for him to ascertain Queen Elizaheth was grown old and weak in body nor well in minde and it concerned him to establish to himself such affectionate Princes in whose relations he might finde aid and assistance when time served To that end he considers of Ambassadours David Bishop of Aberdeen and Sir Peter Yâ—ung Almoner men of great abilities and learning They had in Commission to inform the free Princes of the Religion in Germany his Majesties Right and Title to the Crown of England and to assure to them his singular care and endeavour now and always to conserve amity with them all Not that he minded injury to the Queen whom he had just cause to honour as his Mother and to wish and pray for many days to lengthen out her ample years but yet to strengthen himself against foul pretenders he craves their consideration and to be pleased in common Ambassage to intreat the Queen as their best advice to declare in her own good time the right Successor for preventing plots and practices of her and his Enemies c. They had command to turn out of the way and to take Letters commendatory of the King of Denmark his brother-in-Brother-in-Law unto each of those Princes which were Udalrick Duke of Megleburgh Maurice Lantgrave of Hesse Frederick Duke of Saxony and Administrator of the Electorite Henry Duke of Brunswick Iohn Adolph Duke of Gleswick and Ioakim Marques of Brandenburgh To each of these single made their Journey tedious difficult and took up much time a whole year Then they return with their Answers in substance alike That albeit his Majesties right was well known to them they did esteem it an Act of great wisdom in him to acquaint his Friends and Allies with the Exceptions which some may presume to take to his just Title that so when occasion required nothing might be amiss for them to do for him within their power But to move the Queen to name her Successor they excused themselves therein as more dangerous to him than usefull to his intent lest it might less promove the business and offend her Always each of them would advise but counsel together
had a father whose blood calls for revenge you shall die minting to the K. heart with the dagger The King amazed deals gently with his fury excuses himself from the guilt of his death by his then Infancie advising him not to lay violent hands on the sacred person of his Annoynted Soveraign especially in a cause of his innocencie pleading the lawes of God and Man and his merits by restoring your brother in blood and honors by breeding your Sister the neerest in the Queens affection and by his reception of his Bedchamber withall promising pardon of all that is past And which wrought so much upon Alexander for the present that he leaves the King in custody of Henderson until he returns from his brother having taken oath of the King not to stir nor cry out and so locks them in Alexander gone Henderson trembles with reverence of his Soveraign and craves pardon the King works upon his passion and asks him what he was who answered a servant of the Earls and wilt thou kill me he replyed with an oath himself would sooner die Presently Alexander enters with a Garter in his hand and saies Sir there is no remedy by God you must dye and strives to bind him Nay saies the King I was born free and will not be bound and struggling together Alexander got the Kings head under his arm and his hand upon his mouth which the King bit by the thumb and dragging him to the window bade Henderson open it The King cried out into a back Court where the Duke the Earl of Mar and others were in pursute of him who was rumoured to be gone out the back way into the Park At the cry of Treason and known to be the King they hastened to the Chamber where he dined but no entrance was found The while Iohn Ramsey formerly the Kings Page and now Groom of the Bed-chamber with Sir Thomas Erskin also sought counter to get up by the Turn-Pike back-stairs directed thither by a Boy of the House who saw Alexander ascend that way and forcing one Door findes them panting Ramsey casts off his Hawk from his fist draws out his Fauchion and wounds him deadly in the belly being bid to strike low for the King found him armed with a Male. And the instant comes in Sir Thomas Erskin Doctor Herres and one Wilson and by them was the body dispatcht whilest Henderson slipt away When they soon suspected by the noise of unlocking Doors that Gowry himself might assail them advising the King to withdraw into the Lobby they cast the Kings Coat upon the dead body The Earl enters by his double Keys with seven servants the fore-way and his Case of Rapiers his usual Weapon ready drawn to whom Erskin earnestly said to divert him from his purpose What do you mean my Lord The King is killed and points to his brothers covered body bleeding on the ground At which Gowry stops sinking the points of his weapons when suddenly Herres assails him with his rusty sword Ramsey steps in and strikes him to the heart not so soon but that the Earl thrust him into the thigh assisted by Cranston who hurt Erskin and Herres in the hand and they him through his body who lived onely long enough to be hanged and quartered And forthwith came up all the Lords the Court and Townsmen After thanks to God for this mercy they surveyed Gowries body which did not bleed untill a Parchment was taken out of his bosom with Characters and these Letters which put together made TETRAGRAMMATON having been told His Bloud should not spill whilest he had that Spell Being thus deceived by the Devil he thought he should not die untill he had power and rule which he had of the King and so suffered by the Sword There remained in Scotland one younger son two other brothers being fled of that House then a childe and was from that time imprisoned by Act of Parliament and so continued afterwards in the Tower of London untill this Kings death and the grace of the late King Charls restored him to liberty with a small Pension which kept him like a Gentleman to these times but now failing he walks the streets poor but well experienced in Chymical Physick and in other parts of Learning which he got whilest he lost his liberty Not long after Herres well rewarded dies Ramsey hath the honour of Knighthood with additional bearing of his Coat of Arms A Hand holding forth a Dagger mounted proper peircing a bloudy Heart the point crowned Emperial with this Motto Haec dextra vindex Principis Patriae Not without increase of Wealth and Honour to his Death Sir Thomas Erskin afterwards created Earl of Kelly and by degrees Knight of the Gartâ—r Captain of the Kings Guard and Groom of the Stool Henderson had a large Pension confirmed by Act of Parliament and died not long since The Commemoration hereof was advisedly seâ—tled by Act of Parliament the Anniversary Feast-day of the fifth of August solemnized to Gods glory during this Kings life and Narratives in print in Scotland and England of all these circumstances which I have to produce as also several Examinations taken at Fawkland this year viz. Iames Weyms of Bogye William Rynde and Andrew Henderson the very man assigned to murder the King whose Examination onely I thought good to insert Fawkland 20th August 1600. In presence of the Lord Chancellour Lord Treasurer Advocate Controuler Sir George Hewme and Sir Iames Methold viz. That the Earl Gowry at St. Iohnstons appointed this Deponent Henderson over night to ride with his Brothers Alexander and Andrew Ruthen to Falkland the next morn who came all together thither at seven of the clock Alexander presently spake with the King in private as he gat on hors-back and instantly commanded this Deponent to ride with all possible speed to the Earl whom he found at St. Iohnstons in his chamber at ten of the clock and told him that the King would be there by noon The Earl presently with-draws into his Cabinet demands How his Majesty took with his Brother This Deponent said Very well for the King clipt him about the shoulder The Earl asked if there were many with the King and what special persons He answered The usual number and the Duke of Lenox And that within an hour after the Earl commanded this Deponent to put on his secret plate-sleeves saying He had an High-land man to take That about one a clock the Earl being at Dinner Andrew Ruthen came from Alexander and whispered to the Earl and presently after came Alexander and William Bloir and took the Earl from his Dinner and sent for his Gantlet and Steel-Bonnet and then the King came in That Alexander bids this Deponent fetch the Keys of the chambers from William Reynd and so both went up the stairs but afterwards Thomas Cranston required this Deponent to come to the
once in three Weeks first in rural Deanaries and therein to have Prophecying Secondly and if not there resolved then to be referred to an Arch Deacons Visitation and so thirdly to Episcopal Synod where the Bishop with his Prebytery might determine The King started at the word saying They aimed at the Scotish Presbytery which said he agrees with Monarchy as God and the Devil then Jack and Tom and Dick shall meet and censure me and my Council and all our Proceedings Stay if once that Government be up we shall have work enough Sir said the King to Reynolds you have spoken for my Supremacy and you did well know you of any that like of the present Ecclesiastical Government dislike my Supremacy He answered No. I will tell you a Tale After Queen Mary had overthrown Edward 6. his settlement of Religion whereupon Mas. Knox in England writes to the Queen Regent my Grand-mother a virtuous and moderate Princess telling her She was Supreme Head of the Church charging her in Gods Name to take care of Christ's Evangil and suppress the Prelates But how long trow ye held this Even till he and his Adherents were shuffled in and understood matters of Reformation declined her Authority assuming all Ecclesiastick into their own hands and according to more light wherewith they pretended illumination made further Reformation How they dealt with my good Mother not allowing to her breeding a poor Chapel but her Supremacy was not sufficient Authority and how with me in my minority these times remember My Lords Bishops I thank you that these men plead for my Supremacy now they think you too hard for them but by appealing unto it as if you were not well affected but I say No Bishop no King I speak not at Random for I have observed some of their Gang to pray for my Person as King of England c. but for Supremacy over all persons they pass that over If this be all you can say I le make you subscribe or hurry you out of England Finis secundi Diei The next day of Conference appeared all the before-named and also were admitted the Doctors of the Civil Law Sir Daniel Dunn Sir Thomas Crompton Sir Richard Swale Sir Iohn Bennet and Doctor Drury The Arch-Bishop presented the King with a note of those points referred to consideration the alteration or rather explanation of them in our Liturgy 1. Absolution or Remission of sins in the Rubrick of Absolution 2. In private Baptism the lawfull Minister present 3. Examination with Confirmation of Children 4. Jesus said to them in the Dominical Gospel in stead of Jesus said to his Discipes The King reading the Common-Prayer-Book of Private Baptism They baptize not Children it shall be altered They cause not Children to be baptized and where it is said Then they minister it it shall be The Curate and lawfull Minister present Concluding that he aimed at three things 1. Words fit and convenient 2. How things might be best done without appearance of alteration 3. To be practised that each man may do his duty in his place The King said 1. The parties named in the High Commission were too many and too mean 2. The matters too base 3. That the branches granted out to the Bishops were too frequent and large The Arch-Bishop answered 1. That albeit the Privy Council were in all the Bishops Judges of Law and others but their imployment hindred their sitting unless supplied by meaner men Deans and Doctors 2. The fault may be mean that the Ordinary may censure but often times the Delinquent might be so great and so wilfull that the ordinary brand of the High Commission is needfull And for the third It was to be referred to consultation The King was shewed the three Articles which are to be subscribed unto viz. To the Kings Supremacy the Articles of Religion and Common Prayer-Book His Majesty said Subscription was necessary to prevent Tumults in the Church 2ly Because the Minister must answer for every Minister for turpius ejicitur quam non admittitur Hospes 3ly As a good means to discern the parties affection and to avoid confusion and he that would be refractory deserved to be hanged praestat ut pereat unus quam unitas Touching the Oath ex Officio the King prevented that old Allegation Nemo cogitur detegere suam turpitudinem said that civil proceedings only punished facts but Ecclesiastical Courts looked unto Fame and Scandal that there was necessary the Oath Compurgator and ex officio with moderation in gravioribus criminibus 2ly In such of publick Fame and to be distinguished as in Scotland where lying with a wench though but suspected was made publick to all the states and people at the stool of repentance And here the King described the Oath ex officio the grounds thereof the wisdom of the Law therein the manner of proceeding thereby and the necessary use thereof In so compendious and absolute order as the Auditors were amazed the Arch-Bishop said he spake by Gods spirit Then was committed to consultation 1. For excommunication the Name or censure to be altered 2. For the high Commission the quality of the Persons to be named and the nature of the causes 3. For Recusant Communicants the weak to be informed the wilfull punished The 4th thing consulted was for sending Preachers into Ireland He being as he said there but half a King over their Bodies but their soules seduced by Popery no Religion no Obedience to send men of sincerity Knowledge and Courage The last was for maintenance for the Clergie Then Master Chadderton requested that the surpliss and Cross in Baptism might not be urged upon godly Ministers in Lancashire lest they revolt to Popery instancing the Vicar of Ratesdale a Man that doled the Communion bread at the Sacrament out of a Basket every man putting in his hand for himself That letters should be writ to the Bishop there but if they were turbulent spirits they should be inforced to conformity and a time limitted Master Knewstubs desired the same favour for the Godly Ministers in Suffolk not to be forced against their Credits to the surpliss and Cross. Sir said the King have we taken pains and concluded of an unity and conformity and you forsooth must preferr the credits of a few private men before the publick peace of the Church The Scots Argument because they had been long of a contrary opinion Somewhat was said against their Ambuling Communions and Master Chaterton's sitting Communion in Emmanuel College But finally they all promised conformity and obedience and so parted that Meeting Chancellour Egerton a wise and learned Counsellour wondering at the Kings ready Disputes expert and perfect in Divinity said That he had read that Rex est mixta persona cum Sacerdote and now he sees the truth thereof in him A marvel to some in these our last times why no more able men to be found for them but
four I shall answer with a truth and no marvel That some years after when the Roles were examined that were deposed they were found to be but nine and fourty in all England when in Scotland they were reckoned above nine thousand so great a stir could so few make here or else they subscribed to keep their Livings and no wonder they were ever loth to lose all and many of them knew how to turn And orderly afterwards the King put forth two Proclamations the one To satisfie his Subjects for Unifomity in Religion according to the established Laws And Doctor Abbot and others sent in Apostolical Embassie into Scotland to settle the Church and spirits of the Clergy there as he had done here that every spirit led onely with piety and not humour might be therein satisfied The other Proclamation against Iesuits expresseth That a greater contagion to our Religion was eminent by sundry persons common Enemies to them both namely numbers of Priests Seminaries Iesuits abounding here of such as were before and since our coming and with greater liberty than they durst have done upon confidence of innovation in Religion and general Pardon at our Coronation do exercise their Professions and saying Mass and endeavouring to seduce the Subjects from their duty to us and to reconcile them to Rome To prevent infection with Superstition pernicious to the soul and corrupt against Alleageance is to debar the People such Instruments of infection and they are Priests of all sorts ordained in forein parts prohibited here by the Authority of the Laws of this Land And therefore against such they shall before the 19th of March next depart out of this Realm and the Kings Dominions and not to return hereafter upon penalty of the Laws in force to be inflicted without any favour The Reasons and excuses for this seeming severity toward that sort of Subjects is enforced from the peril of his Person by late conspiracy of confusion conceived by persons of that sort onely And this may satisfie forein Princes proceeds from providence to prevent perils otherwise inevitable considering their submission to forein Iurisdiction seems to dispence at pleasure with the power of their own Sovereign or strictest bond of loyalty and love between a King and his People And though it is civilly considered personal respects to the now Bishop of Rome in state and condition of a secular Prince yet observing the course and clame of that See no Prince of our Religion and Profession can be assured of continuance unless by assent of other Christian Princes to a general Council free and lawfull to pluck up those Roots of dangers and jealousies arising about Religion as well between Prince and Prince as between them and their Subjects and also to manifest that no State or Potentate either hath or can challenge power to dispose of earthly Kingdoms or Monarchies or to dispence with Subjects obedience to their natural Sovereigns in which charitable action no Prince shall more readily concur his power not onely out of particular disposition to peace with all States but by such union an amity might be settled to resist the common Enemy Febr. 22. Jacobi I. This did something allay them but not the Presbyters who by pens and preaching saies he strook at the very root of Hierarchy so that it was a hard question which of them were the most odious Truly both of them Neither Barrel better Herring for the Papists wrought in private and these that way also besides their pittyfull preaching And at this time died that learned Arch-Bishop Whitgift a good and pious Man whom Banckroft succeeded no great friend to them but to satisfie their violence he is intrusted with their directory a Manuscript compiled as they gave out to startle the next Parliament which they deliver to the Arch-Bishop but he pretending to have loâ—t it when it was called for and they without any Copy devised another so different from the former as being afterwards compared the Parliament concluded that every new motion would alter their Model ad infinitum so unsetled they were then and are to this day as never to be satisfied with any as to our trouble and late experience hath been evident And which this most reverend Whitgift foretold on his death-bed the miserable effects of their violence Et nunc domine said he exaltata est Anima mea quod in eo tempore succubui quando mallem Episcopatus mei deo reddere rationem quam inter homines exercere But indeed Presbyters had so bitten the King and his Kingdom and now at his coming it behoved him to quiet them for as all knew it lay in his power to be Head of the Protestant Professours so upon this new access to these Crowns it was conceived he might alter all ancient Forms upon a new score who having bit on the Bridle so long at home it would concern him now to keep the Reins free having entailed Precepts upon his posterity to that end Instructions as frontlets and chains real and lasting and bequeathed to them as Legacies to after age forewarning his Son in his Basilicon Doron not to wrest the Word of God to self-appetite So now therefore he resolved to frame his own and his peoples affections to follow that true Rule of Scripture which suffered under several Interpretations he therefore commended it to the choice grave and most learned of this Nation and commanded them as they would answer at Gods Tribunal to be carefull therein painfull and just They did so and we have that blessing amongst us as the most perfect Translation in English of all others not without Exceptions in that also from our Adversaries the Papists and Sectarists The Scripture was writ in parts the most ancient Language was Hebrew the most copious the Greek and Latine the finest but as the Hebrews in their time accounted all Languages but their own Lognasim or barbarous so then that others might come to the waters of life we must as Iacob role the stone from the Well that the Sheep may drink of the waters of life we could not reade the Book for it was sealed And indeed whilest the dew lay on Gideon's fleece all the earth was dry but near before the time of ourâ—blessed Reconciliation by our Saviour CHRIST Not of the Jew onely but of the Greek also then God raised up the heart of a Greek Prince by descent and Language Ptolomy Philadelph King of Egypt to procure the Translation of the Old Testament into Greek out of Hebrew which we call the Seventy Interpreters The Greek Tongue made familiar to most Inhabitants in Asia by reason of their Conquests and also understood in many places of Europe and Africa but yet not so acceptable to some no not of the Iews For not long after Christ Aquila Theodosia Symmachus and others translate it again these with the Seventy made up the Hexapla and all together were compiled by Saint
Moses the Prophet and Servant of God had in all that belonged even to the outward and least parts of the Tabernacle Ark and Sanctuary witnesseth well the inward and most humble zeal born towards God himself The industry used in the framing thereof in every and the least part thereof the curious workmanship thereon bestowed the exceeding charge and expence thereof in provisions the dutifull observance in laying up and preserving the holy Vessels the solemn removing thereof the vigilant attendance thereon and the provident defence of the same which all Ages have in some degree imitated is now so forgotten and cast away by this super-fine Age by those of the Family by Anabaptists Brownists and other Sectaries as all cost and care bestowed and had of the Church wherein God is to be served and worshipped is accounted a kinde of Popery and as proceeding from an idolatrous disposition insomuch that time would soon bring to pass if it were not â—â—sisted that God would be turn'd out of Churches into Barns and from thence again into Fields and Mountains and under Hedges and the Officers of the Ministery robbed of all dignity and respect be as contemptible as those places all Order Discipline and Church-government left to newness of opinion and mens fancies yea and soon after as many kindes of Religions would spring up in Parish Churches within England every contentious and ignorant person pleasing his fancy with the Spirit of God and his imagination with the gift of Revelation insomuch as when the truth which is but one shall appear to the simple multitude no less variable than contrary to it self the faith of man will soon after die away by degrees and all Religion be held in scorn and contempt Which Distraction gave a great Prince of Germany cause of this Answer to them that perswaded him to become Lutheran Si me adjungo vobis tunc condemnor ab alis si me aliis adjungo a vobis condemnor Quid fugiam video sed quid sequar non habeo The time was come the first Anniversary Celebration in England with religious Rites and sacred Ceremonies of the unfortunately fortunate Nones of August noted in Red Letters in the Calendar to represent the bloud of many thousand Martyrs spilt of that day by Dioclesian in Rome but now to be distinguished with golden Letters in ours in memory of two renowned Kings in these Kingdoms the one receiving life the other escaped death on this day the Nativity of King Oswald who united the Crowns of England and Scotland which were severed afterwards for many Ages and who in the end died a Christian Martyr and sealed it with his bloud the other King Iames miraculously preserved from Gowry's Conspiracy Anno 1600. and who now again unites these Crowns and therefore we may change the old spell of the Martyrs Quintum fuge into Quintum cole if not for the Genesis of that one into life yet for this others Exodus out of the Chamber of death And as this King never failed of the day Tuesday weekly to hear a Sermon so neither of the Annual time unto his death kept holy by him and all his good Subjects and the truth of the Conspiracy sufficiently recorded heretofore and shall be hereafter confirmed Anno 1608. Though our Historian died it seems of a contrary faith in that himself being evenly conform to Gowry's loyalty Affectiones facile faciunt opiniones for he passes it over with this Odiism That Gowry assaulted him or he Gowry About this time a Commotion was stirred up by some Commoners against ingrossing their Ground when the King chanced to be invited in his hunting Journey to dine with Sir Thomas I. of Barkshire and turning short at the corner of a Common happened near to a Countrey-man sitting by the heels in the Stocks who cried Hosanna to his Majesty which invited him to ask the reason of his Restraint Sir Thomas said It was for stealing a Goose from the Common The Fellow replied I beseech your Majesty be Judge Who is the greater Thief I for stealing Geese from the Common or his Worship for robbing the Common from the Geese By my Sale Sir said the King to Sir Thomas I se not dine to day on your Dishes till you restore the Common for the poor to feed their Flocks Which was forthwith granted to them and the witty Fellow set free and care soon taken to quiet Commotions The Plague ceasing which hitherto bounded all mens expectations and persons at a distance the people now flock up to London to take view how the King would settle Laws and Constitutions afresh for the people A Parliament was expected the peoples Idol in those days which the King considered according to the power and interest of Lords and Commons therein and which thus grew up into a Body After the period of the Saxons time in England Herald one of the great men got power and put himself absolute the rest of the Satrapas call in Wiâ—â—iam Duke of Normandy an active and fortunate Prince against the French King the Duke leads over hither many the younger Sons of the best Families of Normany Picardy and Flanders and getting this Kingdom by the Sword he shared out his Purchace retaining to himself a Portion in each County and called Demenia Regnt ancient Demeans Crown-lands He assigns to others his Adventurers suitable portions to their qualities retains to himself dependency of their personal Services and were stiled Barones Regis Free-holders As the King to these so they to their followers subdivided part of their shares into Knights fees and their Tenants were called Barones Comitis The Kings gifts extended to whole Counties or Hundreds at the least the Earl being Lord of the one and a Baron of the inferiour Donations to Lords of Townships or Mannors As the Land was thus divided so was Iudicature each severally from the King to the meanest Lords had their Court-Barons yet perhaps Reddebant Iura by twelve of the Iury called Free-holders Court who with the Thame or chief Lords were Iudges The Hundred was next whence Hundredus or Aldermanus Lord of the Hundred wherewith the chief Lord of each Township judged within their Limits The County or Generale placitum was next Ubi Curiae Dominorumâ—probantur defecisse pertinet ad Vice-comitem Provinciarum The last was Generale placitum apud London universalis Synodus the Parliament of England consisting of King and Barons onely who ruled affairs of State controuling all Inferiours So were there certain Officers of transcendent power for executing not bounding the Kings will those were Steward Constable Marshal heretofore fixed in Fee to Families they as Tribunes grew too bold and their power was lessened after the death of that daring Eaâ—l of Leicester slain at Evesham Henry 3. by hard experience of his Father lessened their power by examining their usurpations over Regality being become Tot homines tot Tyranni Then began the favour of
Kings to the Commons in Parliament and they to joyn with the Peers from whence it became the wisdom of Princes how to mannage this Government and to maintain this Form Lest some of this Body knit under one Head should swell and grow monstrous And Monarchy may sooner groan under the weight of Aristocracy as it often did than under Democracy which till now it never felt nor feared The Actions of which singly are inconsiderable after many Conjunctions grow at last into one great perfecting power or into Destroying Factions like smaller Brooks falling into some Main River The Parliament of England of long time and at this present was come to be a Convention of the Estates of the Kingdom assembled by the King of Bishops Peers and Peoples Commissioners They sat in two Senate-Houses or Chambers named a Higher and a Lower The Higher called also the House of Peers the Bishops and Peers viz. Dukes Marquesses Earls and Barons sit together with whom sit the Judges of the law for their advice not voice The Lower House called also the House of Commons is constituted of Knights of the Shire two Elected of every Shire and of Cities and Incorporations one or more Burgesses The day and place of Assembly is appointed by the King and adjourned removed elsewhere and dissolved at his pleasure The Lords or Peers are called by writs transmitted to them under the Kings hand The Commons by the Kings writ out of Chancery The writ to the Peers runs thus James by the Grace of God c. To the most reverend father in Christ so he stiles the Bishops Cousin if he speaks to the Peers for as much as by the advice of our Council upon some diffident and urgent affairs us and the State and defence of our Kingdom of England and the Church of England concernant We have ordained that our Parliament be held at c. there to consult and Treat with you and the rest of the Prelates Nobles and Heads of our said Kingdom of England We strictly charge and command you on your faith and love if to the Bishops by your fealty and Alleagance if to the Peers wherein you stand bound to us that considering the difficulty of the said affairs and the dangers iminent laying aside whatsoever excuse you be personally present on the said day and place with us and the rest of the Prelates Nobles and Heads to treat and give your advice touching the said affairs and this as you tender us and our Honour and the safety of our said Kingdom and Holy-Church and dispatch of the said affairs may you in no wise omit if he writes to the Bishops to warn the Dean and Chapiter of your Church and the whole Clergie of your Diocess that the same Dean and Arch-Deacons in their proper persons and the said Chapiter by one and the same Clergie by two sufficient substitutes having plenary and sufficient power from the said Chapiter and Clergy be personally present on the said day and place to consent to these things which then and there by the favor of the divine Clemencie shall happen to be ordained by the Common advice of our Kingdom Witness ourselves c. The other writ to the Sheriffs and Mayors of the Cities and Corporations is thus The King to the Sheriff Greeting For as much by the advice and consent of our Council and so goes on as above and there to confer and treat with the Prelates Peers and Heads of our Kingdom We strictly charge and command you that by proclamation made in your Shire upon the receipt of our writ you cause two Knights with swords by their sides the most sufficient and discreet of the Shire and of every City of that County two Citizens and of every Borough two Burgesses of the most discreet and sufficient to be freely and indifferently chosen by such as shall be present at the Proclamation according to the form of the Statutes on that behalf set forth and provided And the Names of the said Knights Citizens and Burgesses to be inserted in certain Indentures to be drawn between you and them that shall be present as such Elections whether the persons so chosen be present or absent And then to come at the same day and place so that the said Knights have full and sufficient power for themselves and the Communalty of the said Shire and the said Citizens and Burgesses for themselves and the Communities of the Cities Boroughs respectively from the same to do and consent to such things as then and there shall happen by Gods assistance to be ordained by the commune advice of our Kingdom concerning the affairs offered so that by your neglect therein the said affairs in any case remain not undone Notwithstanding we will not that you or any other Sheriff of our Kingdom be chosen At the day and place they meet at the Church first then at the Parliament-Houses orderly in their Robes with solemn gate such as might increase in the people the authority of their siting Then the King enters the Upper-House and either in his own person or by the mouth of his Chancellor declares the weighty causes of their Assembling in Contemplation whereof he desires their advice to communicate their Counsels in doubtfull matters most certain That himself be present at these consultations needs not but only as oft as he sees good There is no necessity after this unless in the end of the Session to add the strength and force of Laws to their results The Knights Citizens and Burgesses in the Lower-House are Man by Man called forth by their Names by some one delegated by the King and each is made to take the Oath of Alleageance heretofore was this I will keep true faith and Alleageance to James by the grace of God c. King His Heirs and successors Him and them I will defend to my utmost strength and with the hazard of my life and fortunes against all conspiracies and attempts against his Person Crown and Dignity And lest any should dream of a Consortship in Government there was superadded the Oath of Supremacy in these words I A. B. do utterly testifie and declare in my conscience that the Kings Highness is the onely Supreme Governour of this Realm and all other his Highness Dominions and Countreys as well in all Spiritual and Ecclesiastical things or causes as Temporal and that no forein Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce and forsake all forein Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall â—ear Faith and true Alleageance to the Kings Highness his Heirs and lawfull Successors and to my power shall assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and
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
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-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
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
that were grieved or interessed for not having performed the combate when he shall see the rule of State dis-interest him of a vain and unnecessary hazard Secondly This evil must not be cockered The compounding of quarrels is grown so punctual by private Noblemen and Gentlemen who is before hand and wholly behind hand It countenances Duels as if therein somewhat of right The most prudent and best Remedy may be learned out of the Kings Proclamation The false conceated humour must be punished in the same kind In eo quis rectissime plectitur in quo peâ—cat such men to be banished the Kings presence and excluded the Court for certain years to be cast into that darkness not to behold his Sovereigns face Lastly We see the Root of this offence is stubborn for it despiseth death the utmost of punishments and therefore these men to be executed by Law without all remission The severity of France had been more where by a kind of Marshal Law established by the King the party surviving was instantly hanged their wounds though bleeding least a natural death should prevent the example of Justice Or if not so to do but with greater lenity yet of no less efficacy which is to punish by fines in Star Chamber the middle acts and proceedings which tend to the Duel 3. Now for the Law of England It is excepted against in two points Not to difference between an infidious and foul murther and killing upon fair terms as they term it The other Not providing sufficient punishment for contumely of words as thely and the like These novelties are thus answered The Law of God makes no difference but between Homicide voluntary and involuntary which we term Misadventure and for which there were Cities of Refuge Our Law hath a more subtil distinction The Will inflamed and the Will advised Man-slaughter in heat and Murther upon Malice or cold blood The Romans had restrained this privilege of passion but onely where the Husband took the Adulterer in the manner Yet Cain inticed his Brother into the Field and slew him treacherously but Lamech vaunted of his Murther To kill a young man and if it were but in his hurt So as the difference is between Insidious and Presumptâ—oâ—s Murther these of Cain and Lamech Greece and Rome had not this practice of Duells It is said fas est ab hoste doceri There was a Duel between two eminent persons of the Turks and one slain the Council of Bashaes reprehended the Other How durst you undertake to fight one with the other are there not Christians enow to kill Did you not know that whether of you were slain the loss would be the great Seigniours T is true we find Combates before an Army amongst the Romans which they called Pugna per provocationem between Generals themselves or by their license to others So David asked leave when he fought with Goliah And Ioab when the Armies met gave leave Let the young Men play before us And of this kind was that famous example in the Warres of Naples between the Spaniards and Italians where Italians prevailed The second combate is a Iudicial Tryal of Right introduced by the Gothes and the Northern Nations and more antient in Spain But yet a wise Writer saies Taliter pugnantes videntur tentare Deum quia hoc volunt ut Deus ostendat faciat Miraculum ut justam causam habens Victor efficiatur quod saepe â—ontra accidit Nay the French folly in this kind had it in Toleration never authorized by Law but of late punished with severe rigour As for the supposed defect in our Law for Lies and fillips words of denyal and flea bites to murther a man Solon's Answer satisfies That he had not ordained Punishments for it not imaging the world so phantastical to take it so highly The Civillians say that an action of injury does not ly for it Indeed Francis the first of France gave the ly to the Emperour and in a Solemn Assembly said That he was no honest man that would bear the ly The Laws of England had onely these degrees of injury Slander Battery Maime and Death But as for a fillip Consalvo said A Gentlemans honour should be De tela crassiore of a strong warp Now for the power of this Court to censure Presidents have been in the Minor Whartons case P lt where Acklam Defendant servant to Elleckars was fined for carrying his Masters challenge but by Word of Mouth And it was concluded to prosecute in these cases against such As shall appoint the field though the sight be not acted Send challenge in writing or message Shall deliver either of them To accept or return them To be a second To depart beyond Seas to combat To revive a quarrel by sâ—andalous bruits or Pasquils Counsellers of Quarrellers And that a Man may in those cases be as well fur de se as felo de se if he steal out of the Realm to fight he doth Machinari contro Coronaâ— But let us remember Scotland We have forewarned the Earl of Orkneys mis-behaviour in Scotland which of late so increased as he was again sent for and committed Having rioted most of his Estate the remainder was mortgaged to Sir Iohn Arnots of whom the King purchases his Interest by which means he might the better give relief to the distressed Tenants from oppression The Earl now in Dunbarton Castle with a Noble a Day pension for his Maintenance had information how his Estate with his Castles Kirkwall Birsay and other his Houses and Lands in the Isles were rendered to the Kings Sheriffs He endeavouring first to escape but not effecting sends his base Son to get forces and to expulse the Possessors He does so with some loose people assaults Birsay and takes it wherein he puts a Garrison of thirty men and hastens to Kirkwall seizes that also This Insurrection comes to the Kings knowledge and hastens Commission to the Earl of Caithness Lieutenant of those bounds who with his Canon recovers the Castles in 6 weeks and those within made Prisoners Robert Steward the Earls base son and four more principal Actors were arraigned at Edenburgh convâ—ct and hanged The Earl as Accessary came to Tryal being indicted for causing his base son to surprize Kirkwall and Birsay inciting the people to Rebellion and detaining the Castles treasonably against the Kings forces He was allowed Prolocutours Lawyers of the best esteem who deny the Libel as they call it but the confession of his base Son and Others with his missive Letters written to one Iohn Sharp for detaining those Castles and a charter of certain Lands assigned by him to one Patrick Haloro for assisting the Rebels the Assize of Iury being his Peers Earls and Lords found him guilty of Treason and he presently executed at Edenburgh The end of Patrick Earl of Orkney Son to Robert Stewart one of the base Sons of King Iames the fifth for he had others
This Robert was at first Abbot of Holy-rood-house for divers years After the forfeiture of Hepburn Earl of Bothwell and the obtaining those Isles he exchanged the Abbacy with the Bishoprick of Orkney and so became sole Lord of the County Patrick succeeding to an elder Brother and grown a Courtier involved himself in great debts which inforced him the more tyrannous over the people to recover his wants At Glasgow was apprehended Oglevy a Jesuite lately come from Gratts by command of his Superior in that College He answered peremptory to the Commissioners questions professing not to prejudice others by any Confession Their torture to inforce him to impeach others was to debar him sleep for some time until he was forced falsely to accuse any body which he after repose would deny again The King was displeased with such forms to men of his profession and if no crime could be proved but his Calling and saying Mass they should banish him not to return on pain of Death but if his practice had been to induce the people to rebellion and maintained the Popes power transcendent over Kings and resused the Oath of Allegiance they should leave him to the Law But with all they were to urge his Answer to these Questions 1. Whether the Pope be Iudge in Spiritualibus over his Majesty and whether in Temporalibus if it be in Spiritualia 2. Whether the Pope hath power to excommunicate Kings such as are not of his Church as his Majesty 3. Whether he hath power to depose Kings after his excommunication and in particular his Majesty 4. Whether it be no Murther to kill the King so deposed 5. Whether He hath power to assoil subjects from the Oath of their native Allegiance to his Majesty He answers in writing To the first Affirmative in Spiritualibus But whether in Temporalibus he is not obliged to answer to any but a Iudge of Controversyes of Religion the Pope or one by his Authority To the second affirmative and that all persons baptized are under the Popes power To the third He will not declare but to a lawful Iudge of Religion To the rest ut supra He could not be moved by threats but rather railed at the Oath of Allegiance as damnable and treasonable against God and so came to Tryal of Life but was told over night That he was not to be tryed concerning his profession but for his former Answers to the Questions which he may recal and crave mercy but this he utterly refused And so was impannell'd grounded upon the Acts of Parliament against such as declined the Kings authority or maintained other Jurisdiction and upon his former answers He protests not to acknowledge the Iudges nor Iudgement Lawfull for if it be Treason here it should be so in all other Kingdoms which is not Your Acts of Parliament are made by partial men and of Matter not subject to their forum for which I will not give a fig. The King hath no Authority but derivative from his Predecessors who acknowledged the Popes Iurisdiction if the King will be to me as they were to minâ— he shall be my King if otherwise I value him not And for the reverence I do to you bare-headed It is ad redemptionem vexationis not ad agnitionem Judicii That the Iury were either his Enemies or his Friends if Enemies they could not sit upon his Tryal if Friends they ought to assist him at the Bar That what he suffered was injurious and not Iustice he had not offended nor would crave Mercy My Commission said he was by command of my Superiour and if I were abroad I would return hether again and repent only that I have not been so busie as I should in that which you call Perverting of Subjects and I call Saving of souls I do decline the Kings authority and will do it still in matter of Religion the most of your Ministers maintain it and if they be wise will continue in that mind As for that Question Whether the King being deposed by the Pope may be lawfully killed Doctors of the Church hold the Affirmative not improbably and as it is not yet determined so if it should be concluded I will dy in the defence And now to say It were unlawful I will not to save my life His insolent speech was shortned by the Jurors quick return who found him guilty and had Sentence of Treason and to stop his rayling was after Noon the same day hanged at Glasgow He was a desperate second Ravilliack and ready in that devilish doctrine of deposing and disthroning Kings which he urged the more he said as consonant to the Kirk Ministers tenents And that nothing troubled him but to be taken away ere he had done that which all Scotland and England should not have prevented and had it been performed no torments would have been by him refused So then we see the cause of his Execution For the King professed Never to hang a Priest for his Religion The opening of the Spring gave opportunity to sundry families of England to prepare themselves for planting in America Upon no great incouragement of profit or pleasure by any former Voyages of the English into those parts but people and trade increasing here they would unburthen this State with forein adventures The Design was for New England a part of America in the Ocean Sea opposite to that part of America in the South Sea which Sir Francis Drake discovered in his voyage about the world and named it Nova Albion But he was never imployed thither as a Discoverer or Planter upon this part of America taking the coast from Cape Florida in twenty degrees North Latitude North-East-ward to Cape Brittain Between the Degrees of Latitude from 20. to 45. King Iames granted Letters Patents being about fifteen hundred miles but to follow it aboard near two thousand miles And all this Coast from Cape Florida of twenty Degrees to five and forty was first discovered by Iohn Cabot with six sail of ships who had his Patent from Henry 7. Anno 1442. about the time that Columbus discovered the middle part of America for Ferdinand and Isabel of Spain and is called the West-Indies The first Colony from England was with Sir Walter Ralegh assisted in company of Sir Ralph Lane and Thomas Heriot that learned Mathematician Anno 1584. who in honour of Queen Elizabeth named it Virginia leaving there sixteen men which were brought home by Sir Francis Drake in his return from his West-India Voyage a year after and this part is contained from Florida to the Chesiopech Bay The next Northward is a part of Land to which Sir Iohn Popham Lord Chief Justice sent for Discovery and Trade 1606. but no success returned and since it is called New England Then the Land adjoyning Northward was discovered by Captain Gosnold all that coast being studded with broken Lands and called by him Elizabeths Isles Then you come to Cape Cod
themselves to search for mischiefs and being found to scandallize the State with them How these were nourished and afterwards fomented the revolution of time hath made obvious to all men and saves me the labour to set down the particulars It was no novelty then to applaud the former times and to vilifie the present for indeed her fame carried it current in a long continuance to have lived and dyed Royally and Victoriously without the disquiet of the peoples affections and being but a Sojourner in the World in respect of her Maiden-hood might be and was a blessing to her own times the impression of her good Goverment besides her happy memory is not without some effect which doth survive her But this K blessed already with Royal issue and whose fruitful Bed promised increase It was more proper and agreeable with him to be studious not onely in the Transitory part of good Government but in those Acts which are in their nature permanent and perpetual to his posterity rather to increase than diminish the Advantages of Soveraignty which he aimed at and for his part and time did perform but t is a tender subject to discuss I have done Yet I may add a truth That all the force and power of his Progenitours and all their merits and policies to boot for more then an age before her could never borrow so much credit upon their Privy Seals as she did during her time and left them all for this King to discharge great and vast sums Which shews that Necessities put her upon that piece of State when neither her Exchequer could afford relief nor the urgency of her affairs indure the delaies of Parliaments assistance For in truth she had strained likewise from her people in that way of Subsidies more then ever any Prince I will not say many that were before her She had the way to do it by complaisance of a Princess and he a King not affecting that Course failed of such effects For he was by nature more reserved than popular and had his virtues fitter for estimation then Love and did like a King his soul being planted higher overshot such matter as lay level to anothers eye And so as I have said some of these ways to get mony was set a foot this year 1614. and upon several occasions in his reign after proposed but not effected In those times of Trade the Merchant-Adventurer usually transported Our English Cloths white undress'd and undy'd and the Dutch had gotten the Art by the end fitted and stretcht them by their Knavery and so returned them to us at high rates of this the Cloth-worker of London complains which was soon remedied by Proclamation forbidding the transport and to countenance that Corporation the King was feasted in their Hall and made free of their Company the rather because their Cote Arms the Thistle is the Scots Embleme And over went our Cloaths accordingly dyed and drest which the Hollanders forbid to be bought by them and therefore dealt with our Fell-mongers and got over Our Woolls and the Mystery of making Cloth Hereupon we proclame and forbid the transport of our wools The Quarrel between those two Corporations and their respective gain is by the Merchant Adventurers complained of and for mittigation of their Mischief several warrants for some thousands of Cloths were sparingly licensed by wisdome of State to be sent over and so evenly moderating the mystery of Merchants that cozen each other and at their great Feast likewise the Prince was made free The King of Denmark makes a second visit to his Sister the Queen for fourteen daies upon no business of State onely his affections to her and jollity to himself with a Train of no more than half a hundred persons of honour and Noblesse of his own breeding to the Dutch Diet and Drink to which he was too much inclined and oft-times had his load for we were not wanting of our boon-Companions that waited on him for that purpose The Earl of Suffolk succeeding Salisbury in the Treasurership yielded his Office of Lord Chamberlain of the Kings Houshold to his Son in Law Somerset as aforesaid and he the Place of Secretary unto Sir Ralph Winwood lately returned from the Netherlands where he had been Ambassadour Lieger of a long time The Summers Progress returns the King to London where had been some muttering of Overbury's death in the Tower discovered beyond the Seas by the Apothecary's Boy that impoysoned the Glyster and having his Reward was sent out of the way to Flushing where he told the Tale to Trimball the Kings Agent there by whom it came to Winwood's knowledg and so to the King and by degrees to particular Examinations Confessions and Executions of all these Weston an Apothecary Mistris Turner a Doctor of Physick's widow Sir Iervis Yelvis Lieutenant of the Tower and Franklin all accessaries But Weston being the principal actor it was therefore his turn first to come to the Bar at the Hinstons Court in Guild-hall where beyond Judg Cook 's expectation the man stood mute notwithstanding all allurements and threats that could be used and so was returned to Prison Cook informs the King that unless the principal be convict the accessaries could not be tried but by continual cunning and some fair promises of pardon Weston put himself upon his Countrey and was cast condemned and hanged Cook not content with that gets knowledg under-hand that Serjeant Yelverton an obliged Servant to the House of Howards had advised this Counsel for Weston not to betray any parties And this Tale was told by Sir Robert Cook from his fathers confession After all comes Somerset and his Countess and both condemned some that were then at their Trial and not partial conceived in conscience he might have been spared that Sentence and as himself says to the King That he fell rather for want of well defending than by force of proofs for I so far says he for sook my self and my cause as that I might be more condemned for that than for the matter And because it was a story of evil fame near and far off I shall put it to the test in a brief Narratory being pleaded before the Lord Elsmore Chancellour and High Steward for the Day and most of the Peers at Westminster Hall May 1616. in this manner A Peer of the Land hath this Privilege upon Treason or Felony indicted to be tried by his Peers the King by Letters Patents assigns some sage Lord of the Parliament to be High Steward of England for that Day of his Arreignment who before that time makes Precept to his Serjeant at Arms to warn to appear before him a certain number of Lords of the Parliament twelve at the least upon that Day at Westminster At which time the High Steward shall sit under the Cloath of State and causeth his Commission to be read the same Serjeant returns his Precept and calls the Lords who appearing by
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
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
Wars upon the Duke of Savoy to recover the Marquisate of Saluses and this King of Spain under colour to aid the Duke his Brother in Law sent him Horse and foot of Spaniards But the peace concluded by exchange of Saluses with the Countries of Bresse and Gex the Spanish Auxilliaries being muzled in warm quarters at Carboniers Montemellion Savillau and Pignorell the best places of Savoy and Piedmont would not budge no! though the Duke begg'd of them to be gone but were absolutely commanded the contrary by Count Fuentes Viceroy of Millain and so staid until that valiant Duke in this danger very desperate cut all their throats Spain in policy to revenge pieces with France to disjoyn Savoy upon whom he had afterward many Treacherous Designs as that Plot upon his Castle of Nice the Key of his Counties when his Spanish Gallies lay at Villa Franca to have seized all Savoys Issue And as it was usual with Princes in Peace and Amitie to congratulate Nuptialls The Lord Hay was looked upon as the most proper for this Errand into France In some measure he had the Kings favour his affection not at all For Wise Kings know how to do the One and yet hide the Other so mysticall things are Courts this makes many men misjudge That the Kings friendships made every one a Favourite and by often changing their Persons was therefore held inconstant in his passions This Lord born a Gentleman in Scotland by his bearing of Cote Arms Argent three Escocheons Gules Supported two countrie Swains armed Plough Trails The crest a Dove volant proper His story was that his Ancestors at Plough with those Instruments their Geer slew Malton an High-land Rebel and discomfited his Train for which service had so much Land barren Rocks as a Pigeon cast off the fist flew over till she rested And all this great purchase could not keep him from seeking livelyhood in France where he was bred no other than a Gens d' Arms unto Henrie the fourth but quitted that service in hopes of better preferment of his own Sovereign And over he comes to meet the King at his entrance into England upon recommendation of the French Lieger in Scotland who continued so here and presented Haies upon former knowledge in France This and his other good parts being well accomplished hastened him higher in esteem than others of his Countrey whose neerer attendance had merited more But to boot he sought out a good Heir Gup my Ladie Dorothy sole Daughter to the Lord Dennie and to fit him forward after Knighthood he had honour and was made a Lord for reasonable riches his wife brought with her In grateful acknowledge of his first preferment he feasted the former Embassadour being lately returned extraordinary to this King wherein he exceeded the limits of an Entertainment which for that time was excused as a grateful Ceremony of a large Dinner The Scots were never very eminent with neighbour Nations what credit they had came by the French to keep ballance with Them and England the increase might heretofore be hoped for when the union of these Crowns should afford the means to set them forth And it wat prudential in the King to pick out one of his Own to splendour that Nation in our way of Peace and Courtship especially when all was done at the Masters cost For Haies was ever reasonable poor unless by repute of his first Match which was not much while her Father lived and by his last he had less the great spirit of Peircie Earl of Northumberland though a Prisoner then in the Tower disdaining the Mariage denied her a Groat to a beggerlie Scot as he called him This first Embassie was for no other end than to congratulate for certainly he had no Commission nor Credential to make scrutiny for matching our Prince with the other Sister she being then too young and overtures were then thought on with Spain and so it was advertised from Sir Dudley Charlton Ambassadour at the Hague that there was a fame spread of such as desire to weaken the Kings correspondence with that State That his Majestie was on neer terms of matching our Prince with Spain and by an Adviso out of Spain That this match had been there debated in the Inquisition and judged necessarie And in truth the Lord Ross was sent Ambassadour thither partly for that purpose at this time also upon the like errand to give joy to that King for the counter-match of his Son and had his Instructions to feel the pulse of that Court concerning the same for I waited on him neerer in his affairs than any of his Train and both these Ambassadours sent away at the same time It was remarkable how each of them strove for the prize to out-vy in the vanity of these Voyages the Baron to his utter undoing having no other helps but his own when the other had it from the Kings purse and in truth for this purpose to put down the English as in that great Feast at Essex-House and many his Masqueradoes afterwards at Court for he medled not with the Tilt as being no Swordman but in the other and such like he never scaped to act his part Amongst many others that accompanyed Haies Expedition was Sir Henrie Rich Knight of the Bath and Baron of Kensington afterwards Earl of Holland natural son to the then Earl of Warwick He took his initiation of expence from this journey and continued the practice afterwards to the weakning of his long time unsettled fortunes being forced through custom of the Court to follow the other in all his fashions and which infection by after-custome became his disease also and almost not over-mastering yet over-shadowing his natural eminent parts with which his inside was habited and perspicuous to such as afterwards knew him Thus much I had occasion to say heretofore to which hath been exception as if I undertook him besides the Text in a wanton pleasure of my own pen to blazon his memory with the foyl of his friend Truly it was not so by any unequal disparity to pride out the other For let me here take the freedom to speak more of him who from henceforth being received into publick and comming in by his own endeavours to the place of Cap. of the Band of Yeomen of the Guard to the Kings person a place of honour and profit and increasing with years and experience into some favour now and afterwards in high grace and esteem with the succeeding Sovereign was yet I must confess in the fate of State and Court circumvested now and then with some prejudice And it may be uneasy for a stranger not for me to research with due distinction into the Actions of his whole life succeeding not to enliven him by a line whom envy heretofore and now malice after his decease have endeavoured to blemish more than his own former felicity did or could any way corrupt If we deduce him from his
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
direct honesty to purchace large possessions And now the place of Secretary was joyned in two Principals Sir Ralph Winwood and him and so he continued with honourable esteem untill malice and revenge two violent passions over-ruling the weaker sex concerning his Wife and Daughter involved him into their quarrel the chief and onely cause of his ruine He had by his Wife Sons and Daughters his eldest married unto Baron Rosse in right of a Grand-mother the Son of Thomas Earl of Exeter by a former venter this Baron therefore and upon Lake's credit was sent Ambassadour Extraordinary into Spain Anno 1611. in a very gallant equipage with hopes of his own to continue Lieger to save charges of transmitting any other In his absence here fell out a a deadly feud 't is no matter for what between the Lady Lake and her Daughters Step-mother the Countess of Exeter which was particularly described in a Letter and sent from England to me at Madrid in Spain and because of my near relations in that Ambassie I shewed the same to my Lord Ambassadour A youthfull Widow this Countess had been and virtuous the relict of Sir Thomas Smith Clerk of the Council and Register of the Parliament and so she became Bed-fellow to this aged gouty diseased but noble Earl and that preferment had made her subject to envy and malice Home comes the Lord Rosse from his Ambassie when he fell into some neglect of his Wife and her kindred upon refusing to increase allowance to her senttlement of Jointure which was promised to be compleated at his Return Not long he stays in England but away he gets into Italy turn'd a professed Roman Catholick being cozened into that Religion here by his publick confident Gondamore In this his last absence never to return the Mother and Daughter accuse the Countess of former incontinency with the Lord Rosse whilest he was here and that therefore upon his Wifes discovery he was fled from hence and from her Marriage-bed with other devised Calumnies by several Designs and Contrivement to have impoysoned the Mother and Daughter This quarrel blazened at Court to the Kings ear who as privately as could be singly examines each party The Countess with tears and imprecations professes her innocency which to oppose the Mother and Daughter counterfeit her hand to a whole sheet of paper wherein they make her with much contrition to acknowledg her self guilty craves pardon for attempting to impoyson them and desires friendship for ever with them all The King gets fight of this as in favour to them and demands the time place and occasion when this should be writ They tell him that all the parties met in a Visit at Wimbleton the Earl of Exeter's house where in dispute of their differences she confessed her guilt desirous of absolution and friendship consents to set down all under her own hand which presently she writ at the Window in the upper end of the great Chamber at Wimbleton in presence of the Mother and Daughter the Lord Rosse and one Diego a Spaniard his conâ—iding Servant But now they being gone and at Rome the King forthwith sends Master Dendy one of his Serjeants at Arms sometime a Domestick of the Earl of Exeter an honest and worthy Gentleman post to Rome who speedily returns with Rosse and Diego's hands and other Testimonials That all the said accusation confession suspitions and Papers concerning the Countess were notorious false and scandalous and confirm it by receiving their Eucharist in assurance of her honour and his innocency Besides several Letters of her hand compared with this writing concluded it counterfeit Then the King tells the Mother and Daughter that this writing being denied by her their testimonies as parties would not prevail without additional witness They then adjoyn one Sarah Wharton their Chamberess who they affirm stood behinde the Hangings at the entrance of the Room and heard the Countess reade over what she had writ And to this she swears before the King But after a Hunting at New Park the King entertained at Wimbleton and in that Room he observes the great distance from the Window to the lower end and placing himself behinde the Hanging and so other Lords in turn they could not hear a loud voice from the Window besides the Hangings wanted two foot of the ground and might discover the Woman if hidden behinde The King saying Oaths cannot deceive my sight And the Hangings had not been removed that Room in thirty years before Nay more than all these the Mother and Daughter counterfeit a Confession in writing of one Luke Hotton that for fourty pounds the Countess should hire him to poyson them which man with wonderfull providence was found out and privately denies it to the King And thus prepared the King sends for Lake whom in truth he valued tells him the danger to imbarque himself in this quarrel advising him to leave them to the Law being ready for a Star-chamber business He humbly thanked his Majesty but could not refuse to be a Father and a Husband and so puts his Name with theirs in a Crossâ—Bill which at the Hearing took up five several Days the King sitting in Iudgmâ—nt But the former Testimonies and some private confessions of the Lady Rosse and Sarah Wharton which the King kept in secret made the Cause for some Days of Triall appear doubtfull to the Court untill the Kings discovery which coâ—cluded the Sentence pronounced upon several Censures Lake and his Lady fined ten thousand pounds to the King five thousand pounds to the Countess fifty pounds to Hutton Sarah Wharton to be whipt at a Carts-tail about the streets and to do Penance at St. Martin's Church The Lady Rosse for confessing the truth and Plot in the midst of the Trial was pardoned by the most voices from penal Sentence The King I remember compar'd their Crimes to the first Plot of the first sin in Paradise the Lady to the Serpent her Daughter to Eve and Sir Thomas to poor Adam whole love to his Wife the old sin of our Father had beguiled him I am sure he paid for all which as he told me cost him thirty thousand pounds the loss of his Master's favour and Offices of honour and gain but truly with much pity and compassion at Court he being held an honest man Discontent among the Roman Prelates put the Ach-bishop of Spalato Mark Antonio de Dominis to seek his peace against that Sea by sundry overtures unto several Princes in Italy and otherwhere Spanish and French at last he becomes tainted with some opinions heretical to them which either he believed or took up such Tenents for the present time to prepare him a fitter Prosâ—lyte hereafter and finding no safe footing from the fury of the Pope and Conclave he steals over into England and to please the King pretends Conversion by his Majesties Works of Controversie and quarrels with Bellarmine however it was though fit to bid him welcome and to
thereof established Civility and Iustice and to his lives end he would never leave to do his best endeavours untill he might say of Scotland as one of the Emperours said of Rome Inveni lateritiam relinquo marmoream Indeed the Countrey affords more of Stone than Tile-shard They come to vote Commissioners upon the Articles of Religion whom the King commends they refuse and evermore Officers of State are suspected partial for the King and therefore they admit but of three the Chancellour Treasurer and Clerk of the Rolls They begin with the chiefest Article That what soever should be concluded by the King and the Bishops in matters of external policy should be an Ecclesiastical Law Not that the King was against the advice and assistance of a competent number of the grave and learned Ministers but to be over-ruled said he as in your former General Assemblies I shall never agree The Bishops must rule the Ministers and the King govern both in matters indifferent and not repugnant to Gods Word and so that Ariicle was formed and passeâ— Hereupon the Ministers mutiny that their Discipline should be formed to all the Ceremonies of England and Struthers in his next Sermon condemning all those Rites prayed God to save Scotland from the same sin And thus set on they frame a Protestation to the King in Parliament First against that Article and therein if remedy be not provided they shall be forced to other effects For freedom of their Church and discharge of their Consciences Their Reasons they reduce into Arguments 1. Their Reformation That the purity in Doctrine Sacraments Discipline and Order thereof hath been acknowledged rather as a Patern to be followed by all Reformed Churches of Europe than now to be put to seek it from such as never attained to it 2. That their General Assemblies formerly established to constitute and make Canons will be utterly overthrown That hitherto their Church nearest the divine and Apostolical Institution and so hath lived long without Schism and rent may now by introducing Novelties be miserably overthrown That his Majesties gracious assurance by his Letters this last Winter against all alteration of Religion and so hath been intimated in Pulpits when Rumours were dispersed of intended conformity with England These they pray may be sufficient to warn the King and Parliament not to oppress their poor Church and give grief to millions of men that otherwise would rejoice at his Majesties presence And so they resolve that rather than submit they are prepared to incur censure and to oppose This Protestation they commit to the most mad-headed man amongst them one Hewet but some of the wiser sort fearing the success desire the Arch-bishop of St Andrews to suppress it He meeting Hewet desires to peruse it and blaming the man keeps the Writing the other seizes the Paper and thus striving in the next Room the King hastily comes out and sternly fronts the Fellow who falls down of his knees and craves pardon for the Protestation professing never more to meddle therein However the King wisely suspecting some others of the same Phrensie for the present commanded that Article of the Kings Crown-prerogative not to be read till the policy of a fitter time the rest of them being read and concluded the King takes his leave and loving farewell But the Bishops had warning to summon some principal Ministers and with them to meet him at St. Andrews 10. of Iuly where the King greets them How great my care hath been for the Church saith he since I had authority and power to perform it your consciences cannot but confess I need not tell you I seek no thanks God knows my heart for true worship of him and decent order in the Church whilest I resolved of this Iourney to visit you I gave you warning to insert some Articles into your Acts of the Church those were anniversary commemorations of Christ's blessings to man as his Nativity Passion Resurrection Ascension and Descent of the Spirit another for private use of both Sacraments a third for reverend administration of the Communion and a fourth for catechising and confirming children by Bishops I was answered that they had not been moved in any of the Churches Assembly and so I was silent And lately desiring but my Prerogative to be declared in making Ecclesiastical Laws ye mutined and protested against me But I pass all amongst many other wrongs frequent from you The Errand I have now is to know your Arguments why the same ought not to be granted Reason shall ever guide me and if my Demands are so just and religious too I will not be refused nor resisted And with that browing upon them with a full eye majestical and stern They all fell down on their knees The King went on It is a power innate a princely special Prerogative which Christian Kings have to order and dispose external things in the outward policy of the Church as We with our Bishops advice shall think â—it And Sirs said he for your approving or disproving deeceive not your selves Me ye shall not I will have my Reason not opposed They were all becom new men humbly besought they might confer and so return an uniform Answer which in two hours space produces a Retition for a General Assembly wherein all his Majesties Articles being proponed they might with common consent be received I says the King but what assurance have I of their consenting They protested that they saw no reason to the contrary But if it be otherwise and your reason now be none of theirs then the Articles refused my difficulty the more and when I shall hereafter put my own Authority in use I shall be pulpited a Tyrant Persecutour Ye were wont so to do All crying out That none durst be so mad Yet experience tells me says he that it hath been so therefore unless I be sure I shall not grant your Assembly They craved the Arch-bishop of St Andrews to answer for them but he refused having been formerly deceived At length they procured leave to assemble in November next at St Andrews Simson that subscribed to the Protestation writes to his Brethren those Articles which he calls Tricas Anglicanas the Letter-carrier was Catherwood who for his insolency to the Kings face was committed and after banished and Simson sent to Edenburgh Castle where he lay till December And so the King returns to England by the West parts and at Dunfres had his farewell Sermon by the Bishop of Galloway which made the hearers heavy at their hearts The King gone home the Assembly met but willingly would have delayed their Conclusion of the five Articles till they might inform their Flocks of the equity of them and so they went away which the King considers as an high contempt and breach of their promise and commands the Bishops of St Andrews and of Glascow precisely in their own persons to keep Christmass day next preaching of Texts according to
to make up out of Adventurers purses for Gold-Mettal from a Mine in Guiana one of the Countreys of America upon no other ground to win belief but a pound of the Ore which he had from thence by the hands of Capt. Kemish his ancient Servant The King wondering at this man why to hazard his future fortune upon the nice dispute with the King of Spain whose Territory he must invade at his own perill of success but yet gave him leave with his liberty so be that he broke not the Kings bands of Amity which he had strickt rules and order to observe The French Lieger had been very earnest for his inlargement with much affection to his deserts and some design of Policy against Spain wherein they two waded so far as that the discovery came to the Kings ears not without intrenching by the by upon his Majesties honour and several commissions from France presented to him to fit him to that purpose wherein he was warily watcht till it should ripen for further tryal and at the worst back-friends were to be put aboard to bring him back again And having got Commission and thereupon a company of his own Countrymen they imbarque with him in a Voyage thither with a compleat Fleet of twelve sail and landed at St. Tomazo a Town of the Spaniards killed five hundred men sacked and burnt it of five of their Fleet it may be said as of the old saying They went up the River and so came down again for rhe Design being the River Oremque in Guiana to discover the Mine at the foot of a Mountain up in the Countrey they were opposed by the Inhabitants Spaniards and Natives and so returned to their company This expedition was grounded at the first only upon Kemish information the Miscarriages that might happen was alwaies cunningly resolved to light upon him for satisfaction of the Adventurers To answer it to the King his intent was never to return but by his own mannagement and the obedience of his Company over whom he had commission of Life and Death he dreamed of nothing less then of a prosperous journey And now to frighten Kemish Raleigh threatens him with the Kings displeasure which to avoid sayes the Storian The poor man pistols himself and so no tales could be truly told He dead the most minded forced their own and his return home which he intended any where else and so some of their scattered ships with him more like a Prisoner than Commander came safe to Kingsale in Ireland from thence to Plymouth where no sooner on shore but he is taken into custody of Sir Lewis Stukely Vice-Admiral of Devon and conveyed to London and so to the Tower with whom he deals for a sum of money presently delivered to him to escape with him into France Stukely yields to all accompanies him by Water where by the way to Gravesend the Design of Stukelyes treachery in that and so it prospered with him being hanged afterwards for clipping Gold they were seized and he brought into the Tower and not many daies after commanded to the Kings-Bench-bar at Westminster before the Lord Chief Iustice Mountague where he was questioned upon the Records of his former Arraignment at the City of Winchester and in answer to that he was asked what he had to say to his Sentence to dy like a Traytor His short defence was Of being lately intrusted by the Kings commission over the Lives of some of his Liege people was soon replyed unto as insufficient and he had judgement to dy the next day by the favour of the Ax which he said smilingly touching it Was a sharp Medicine but a sound Cure of all diseases as it proved to him then in his Ague sit in the Palace yard at Westminster Octob. 1618. It was indeed common discourse then that Raleigh knew of no Mine nor was Kemish assured that the pretended Mine was of Gold but that the piece of Ore which he presented Raleigh in the Tower was falsifyed by dissolving some Gold therin and he a better Chymist than Kemish for that purpose That both of them designed it so to be thereby cozening the world to get credit and afterwards to deceive the King to purchase his liberty But when Kemish came safe from the supposed Mountain without any Mine whom Raleigh expected should miscarry in the way and none but he could discover the deceit then was he destroyed by death but by whose hand it may be suspected not by himself And truly these reports were more then a false visard to out-face the truth of his merit in that action and thereby to weigh down Raleighs miscarriage At his death he endeavoured to cleer some points which he knew lay on the Deck against him His disloyal words of the K. undutiful language from Subjects of Sovereigns take deeper root than the memory of evil Deeds so did the Marshal Byron which cost him his head Essex once told Queen Elizabeth That her conditions were as crooked as her carcase Manebat alta mento repostum He said his Accuser was a base runagate Frenchman and perfidious being sworn to secrecy yet he betrayed Secondly To have had often plots with France He confessed That he had been often solicited from thence and that he endeavoured to escape thither at twice and the last time being got as far as Woolwich Thirdly That the French Agent came often to him with Commissions from his Master but it was not accepted Much he said of these as to the publick and of more things as to private which he did not deny but traversed So then there were other businesses of a second charge and confederacy which made him lyable to a new Tryal for Treason is so comprehensible as to take in even circumstances and out of them to make such conclusions as the jealousie of State shall interprete either for safety or Revenge But the prudence of the King would not hazard more having sufficient upon the old score and because he could not in Law be judicially called to accompt for his last actions his former Attainder being the highest and the last work of the Law whereby he was Civiliter Mortuus The King was inforced except Attainders should become Privileges for all subsequent offences to execute him upon the former And concerning Sir Walters recovery of Queen Anns infirmity for which he should beg a Boon viz. the re-examination of the Lord Cobham by four Earls and three Counsellors It being urged by an Author in the innocency of his cause and ingratitude of the King I shall answer as to my knowledge by the relation of some Ladies of her Bed-chamber and of her Surgeons and Physicians now living That she was never cured of her disease but by death that ends all Maladies We are told That Sir Walter set out his design to the King who discovered it to the Spanish Lieger Gondamore the Countrey Town Men Ships
the beginning of a golden work The next that after this example it is like that Iudges will flie from any thing in the likeness of corruption without it were a great distance as from a Serpent which tends to the purging of the Courts of Iustice and reducing them to their true honour and splendour And in these two points God is my witness I thought it be my fortune to be the anvil upon which these two are broken and wrought I take no small comfort but to pass from the motions of my heart wherof God is my Iudge to the merits of my cause whereof your Lordships are Iudges under God and his Lieutenant I do understand there hath been expected from me some Iustification and therefore I have chosen one onely Iustification instead of all others out of the Iustifications of Job for after the dear submission and confession which I shall now make unto your Lordships I hope I may say and justify with Job in these words I have not hid my sin as did Adam nor consealed my faults in my bosom this is the only Iustification which I will use It resteth therefore that without Fig-leaves I do ingenuously confess and acknowledge that having understood the particulars of the charge not formerly from the house but enough to inform my conscience and memory I finde matter sufficient and full both to move me to desert my defence and to move your Lordships to condemn and censure me neither will I trouble your Lordships by singling these particulars to which I think I might fall off Quid te exempla juvant spinis de pluribus una Neither will I promise your Lordships to observe upon the proofs where they come not home or the scruple touching the credits of the Witness neither will I represent to your Lordships how for a defence I might in divers things extenuate the offence in respect of the time and manner of the guilt and the like circumstances but only leave these things to spring out of your more noble thoughts and observations of the evidence and examinations themselves and charitably to wind about the particulars of the charge as God shall put into your minds and so submit my self wholly to your piety and grace And now I have spoken unto your Lordships as Iudges I shall say a few words unto you as Peers and Prelates humbly commending my cause to your noble minds and magnanimous affections Your Lordships are not simply Iudges but Parliamentary Iudges you have a further extent of arbitrary power than other Courts and you are not tyed by ordinary course of Courts or Presidents in points of Strickness and severity much less in points of mercy and yet if any thing which I shall move might be contrary to your honorable and worthy end the entroducing a reformation I should not seek it but herein I beseech your Lordships to give me leave to tell you a story Titus Manlius took his Sons life for giving battail against the prohibition of his General not many years the like severity was persued by Papinius Cursor the Dictator against Quintus Maximus who being upon the point to be sentenced was by the intercession of some particular person of the Senate spared whereupon Livie maketh this grave and gratious observation Neque minus formata est disciplina militaris periculo Quinti Maximi quam miserabili supplicio Titi Manlii The Discipline of War was no less established by the questioning of Quintus Maximus than by the punishment of Titus Manlius and the same reason is in the reformation of Iustice for the questioning of men in eminent places hath the same terror though not the same rigor with the punishment But my cause staies not there for my humble desire is that his Majesty would take the seal into his own hands which is a great downfal and may serve I hope in it self for an expiation of my faults Therefore if mercy and mitigation be in your Lordships power and no way cross your ends why should not I hope of favour and commiseration Your Lordships will be pleased to behold your chief pattern the King our Sovereign a King of incomparable clemency and whose heart is inscruteable for wisdome and goodness And your Lordships will remember there sat not these hundred years before a Prince in your House and nevee such a Prince whose presence deserves to be made memoriable by Records and Acts mixt with mercy and Iustice. Your selves are either Nobles and compassion ever beateth in the veins of noble blood or reverend Prelates who are the servants of him that would not break the brused Reed nor quench the smoking flax You all sit upon an high Stage and therefore cannot but be senseable of the changes of humane condition and of the fall of any from high place Neither will your Lordships forget that there are Vitia Temporis as well as Vitia Hominis and the beginning of Reformation hath the contrary power to the Pool of Bethesda for that had strength to cure him only that was first cast in and this hath strength to hurt him only that is first cast in and for my part I wish it might stay there and go no further Lastly I assure my self your Lordships have a noble feeling of me as a member of your own body and one that in this very Session had some taste of your loving affection which I hope was not a lightning before the death of them but rather a spark of that grace which now in the conclusion will more appear And therefore my humble sute to your Lordships is That my penitent submission may be my Sentence the loss of my Seal my punishment and that your Lordships will recommend me to his Majesties pardon for all that is past Gods holy Spirit be amongst you Your Lordships humble Servant and Suppliant Fran. St. Albons Canc. April 22. This Petition found the full effects pity and compassion from all procured pardon also from the King with the loss only of his Peerage and Seal for so weak a husband he had been to lay up any store for the future that the King allowed him a pension to his death He was a person compleat of excellent parts and general learning with that of the Law as proper for that place as any man of the Gown His merits made him so then which his vices in continued time and now basely blemished and he justly removed to his private studies which render him to the world full of worth And with small charity of the Scorner might merit the Bays before many men of that age Indeed his Doom was designed by his Enemies as far as Scotland at the Kings last being there and such a distance might deal some disadvantage to a Wiser Man Yet the King at first intending but to let him loose only to exercise him with the change of his chance like as a rub to an overthrown Bowl which proves oftentimes an help to the Caster by hindering its
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-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
the Dispensation and in returns of Queries and Objections But as the King will not be wearied with patience so Digby is warned to be wary and watchful in the Overtures of the Pope as a Postil unto the Articles of Spain which Gage got and gave warning of here And to admit of no more respite then two Moneths and no more at all That so their resolution will be before Christmass Wansted 9. of September 1622. Thus much to Digby But whether Digby pressed these particulars the Palatinate was at the brinck or last cast in Frankendale now blocked up The Popes captious capitulations in reference to the Dispensation obtruding and intruding Novelties never as yet disputed Yet he plainly tells the Spanish Council the old King lately dead If these offers of his Master be not ballanced with the like from theirs without loss of more time he is commanded to take leave and return home But ill news hath wings the loss of the English Men and the Palatines Country came faster to the King then could be supposed by Digby who it seems was loth to leave the imployment in suspence for any other to negotiate or by discovering the Spanish deceipt to give end to any absolute breach for here at home he was somewhat suspected not to deal fairly abroad which as yet the King was loath to see And therefore quickens him again with the particular relations of the losses of the Towns in the Palatinate Heidleburgh forced the Garrison put to the Sword Manheime besieged and the Infanta not commanding Cessation wherein she had absolute authority and that these effects give the King reasons to recal all his Ambassadours Weston now Chancelour of the Exchequer and the Lord Chichester from Bruxels having trusted to Treaties which probably might have secured the remainder of the Palatinate the English Garrisons being rather maintained in honour to keep footing until the General Accomodation more in assurance of Friendship by Treaty then of force by fighting And therefore to put the Spaniard to it he was to demand under hand and seal either the Rendition of the Town and Castle of Heidleburgh seventy daies after audience in condition as when the Palatine had it and the like for Manheim and Franckendale if either be taken whilest this Treaty as also cessation there for the future upon the Articles of Sir Richard Weston The Treaty which the Emperour propounded by Articles in November last to which the King of Spain then condescended if not in all these Then that the King of Spain join with the English for recovery thereof thus lost upon this Trust and to permit English forces to pass the spanish Territories into Germany and in every particular herein Digby is peremptorily enjoined to be assured under hand and Seal within ten daies after Audience or else immediately after to take leave and return October 3. 1622. Thus the King fights and treats not as in love with a match absolute upon any uneven Terms then as our mad World would make us believe them now from whose pens and Pasquils the Kings mind is pretended to be unmaskt as mean and fearful for he being heightned with hopes of powerful assistance from his Parliament and people the King to satisfie in some measure the suspition of the world and well-mindedmen that he withdrew not his affection from his children for fear of any Enemy to cosin himself with a Spanish Cheat never meant him in a Match these proceedings will unmask And why to be charactered Studious of Peace somewhat overmuch truly not so for a Christian King and therefore not to be imputed to Pusillanimity admitting His son-in-Son-in-laws extirpation from his Patrimony which himself was justly the cause not the King Nor is it handsome to say to his dishonour confessed That the Austrian Family cojol'd him in delusory chat with specious falasies whilest the Author is pleased to abreviate that tedious Treaty and loss of three Towns and afterwards the whole Palatinate into three lines with this Observation That the moity of the Money spent in Ambassyes would have modelled an to have mastered the Imperious Eagle And so the short Relation with unskilful Surgery to cauterize not truly to characterize the Wisdome of this King in such difficult designs as were intent more against him than against many other Princes his Predecessors But these proceedings I say will unmask all for from outward force he was left in the lurch even by his own people that put him forward and yet having more desperate conditions to work out at home then was urged abroad He in this Dilemma bringing all his possibilities to this exigent and ending sends suddenly after his Pacquet this Item to Digby In Case of Rupture which the King was to mannage with most advantage not instantly to return but privately to advertize hether to the King himself and publickly to give oâ—t the contrary that accordingly he might deal with his Parliament who stood at gaze to entertain the bad effects not to welcome good fruits of this tedious Treaty What ere the King commanded then daies expired and no satisfaction yet Digby created Baron 1618. and now by Patent Earl of Bristol spins on the Treaty willing to accept of any trifles to animate the King whom he fed with certain hopes of real intention in Spain till all was lost indeed And yet the Articles of marriage handed to and fro with such copies as each fancy led him to falsiâ—ie of which one inserts them in print besides sundry others his excellent Authors The fabulous French Mercury and Mr. Prinns Hear-say though his ears were cropt and saies That this onely came from the Neast kept at this time with scarce a Feather amiss and so humbles them to the Readers acceptance onely to tell us what pains was taken to little purpose where no Intention meant performance And this he intends to prove out of the yong King of Spains Letter to the Count Olivares The King of Spains advice to Olivares That the King his Fâ—ther at his death declared his intent never to marry the Infanta with the Prince of Wales which Don Balthasar Uncle to Olivares understood and so treated with intention to delay it Yet being now so far advâ—nced he wishes him to direct the Treaty but in all things to procure the satisfaction of the King of Great Brittain Novem. 5. 1622. It is true that the King writ this Letter to Olivares and likely enough that in the first Motions the State of Spain might heretofore unsettle But now that the Treaty had brought their Negotiations to some concernments therefore Olivares within three daies after so suddenly returns Answer to that King wherein posterity might apprehend the several true Interests of all and more cannot be surmized than that which Olivares himself does herein confess which it seems escaped out of Mr. Prinns hidden works of Darkness and thus it follows Olivares Answer to the King of Spains Letter SIR Concerning the
to Buckingham and the Secretaries that so Super totam Materiam he may receive their Assistance and advice for the good of the Commonwealth Religion His Son and His children of the Palatine And for his Estate it is considerable as consisting with theirs And as Res Integra is presented to them so he professes himself free to follow their best advice By Metaphor of good Gardiners that plant good and pluck up bad weeds choak their Labours but jealousies are to be rooted out for they are of a strange depth And cleers himself in the presence of God of either Remissness in Religion or maintenance of Toleration what suspition might be was when he connived at some things which hindred weighty affairs but never to overthrow or disagree with Our Laws For a good Horse-man spares the spur and sometimes suffers the Reigns so a Wise King as his age and experience informs to quicken and execute Laws and upon just occasion to be remiss And closes with that which he would have take best impression as most averse from their faith their Privileges He never restrained Lawful Liberties antiently warrantable therefore he forewarns them as Saint Paul did Timothy to avoid Genealogies and curious Questions quirks of Law idle Innovations And his prayers to God for them and a happy Conclusion of this Parliament Concluding with serious and Christian Protestations before God That never way-faring Man in the burning Desarts more desired water to quench his drought than he thirsted and longed for happy success of this Parliameâ—t that the good issue of this may expiate and acquit the fruitless of the former AMEN This the effect His occasions were alwaies to speak much and his excellent abilities to speak well worthy of print as they are other where virbatim which the bulk of this History craves leave to breviate The Lord Keeper as Speaker to the Peers whose place there usually adds to the Kings mind and meaning and excuses himself After his Eloquence to be silent not to enamel a Gold Ring with studs of Iron And as One saies of Nerva that having adopted Trajan he was immediately taken away Ne post divinum immortale factum aliquid Mortale faceret So he durst not after his Majesty Divinum Immortale dictum Mortale aliquid addere Of this one complains as the temper of those times onely Men make themselves Beasts by making Kings Gods and advances highly the Spanish and French not idolizing their Kings with Sacred Sovereign Immortal Oraculous Expressions but in their Title Sir tells the business and demands Iustice. When both houses had well digested the Kings excuses and given some hopes of their good satisfaction and so cleerly to go on to business of the time It was thought fit for the King to perâ—orm his promise in reference to further Relation of the Mysteries in the Match And therefore after five daies breathing the Duke of Buckingham with the Prince gave particular remonstrance to both Houses of such Transactions or so many as is necessary as before remembred especially those which were mannaged by Sir Richard Weston with the Arch-dutchess at Bruxels in reference to the K. of Spain and both their jugglings viz. That thereupon the King sent Porter to Spain and was abused with hopes to credit Bristol till Olivares told him plainly That they meant neither the Match nor the Restitution of the Palatinate Bristol in private discovers this freedome to Olivares who incensed with Porter refuses to speak with him any more And so Bristol orders his return with a dispatch and assurance of both Demands but being of slow performance the Prince undertakes it himself in Person where the Spanish deceipts and Bristols connivance being with some intricacy discovered by the Prince He is now returned through all these hazards to deserve thanks from us all The Duke having satisfyed the curiosity of a searching Parliament was highly esteemed as the Preserver of the Nation contrary to that natural custome of incompatibillity of affections between the vulgar and the Sovereigns favour and so he kept it to the Kings last breath eighteen Moneths after a long course calm and smooth prosperity without any visible ecclipse or variation Though an Author seeks to scandal his Memory And brings Bristol his Accuser hereafter I know not when That the Duke caried the Prince Purposely into Spain to be better instructed in Popery and gave hopes of the Princes conversion and professed himself a Papist heard Masse adored their Sacraments and received a Bull from the Pope to incourage him to pervert both the King and the Prince These imputations so feigned and false need no confutation but neglect and scorn though some Articles since seem to say so much The Parliament had other opinions then and thereupon advised the King to break the Treaty and proclaim open Warre against Spain but in such General terms as gave his Wisdome cause to suspect and therefore thinks fit to propound such cautions to them as should advisedly draw to Resolutions and not leave him in the lurch My Lords and Gentlemen Have cause to thank God that my last Speech takes this effect that with unanime consent you have so speedily given advice in this Businesse to break off the Treaties of the Match and Palatinate And now give me leave as an old King to propaund my doubts and hereafter give me your answer It is true I have been all my life a Peaceable King my Titles and Impress Rex Pacificus give me that Honour and should I now imbroyl my self in War against my Nature and mine honour to spill more blood of which too mâ—ch had been shed unless it be by Necessity Malum Necessarium Besides He tells them Some hopes of better conditions hath been offered since this sitting But to take off their Iealousies that while they advise he rejects It is therefore left to their consideration as a matter of weight that the course may agree with his conscience In the case of his Children he being old would be glad as Moses saw the promised Land afar off if not to see the Restitution yet to be but assured it shall be and so to sing Nunc Dimittis Domine He hath heretofore said as now not to desire a furrow of Land in all his Dominions without Restitution of the Palatinate but then take the Difficulties of the Case It is unchristian to advise a King to War by blood which may be had by Peace And to consider the Requisites anent his Nccessityes for he tells them plain Parliaments have afforded him least helps of any King His disabilities increased by his Sons journey to Spain Ambassadours maintenance of His Children assisting the Palatinate his debt to Denmark for the Low Countries who if not assisted by him cannot subsist of themselves The Princes of Germany that should help are poor weok disheartned and expect from hence Ireland as a back-door must be secured The Navy though well must
Jealousies in the young Count Soissons who had some hopes of pretensions towards Madame but now discouraged and the more upon discourse of the Cardinal Rochfalcaut with his Mother to take off all expectation That in this Conjunction of Affairs the King would no doubt prefer his Sister into England with advantage of his Dignity and her Honour and though he loved the Count he would counsel his Master to the contrary with him Soissons encountring Kensington had his salute due to his rank a great Peer of the Blood who disdainfully turned aside and so a second time in presence of Grandmont he told it to the Marquess de la valesse a Confident of the Counts who conveys it to Soissons and was answered That he affords no better Countenance to Kensington whom he hates not but his errand which he resented so ill as were it not the behalf of so great a Prince he had a heart to cut Kensingtons throat And so retires out of Town This boldness of him to aver Corrival with our Prince and abuse of his Minister made Kensington begin the quarrel with a Challenge which the Count accepts but the former passages were so narrowly observed with the publick interest and honour of that State so neerly concerned that the Count was secured and Kensington seized into several Courtships as made it not possible to try the Combate but were both made Friends by the King The Treaty on foot and the Match mannaged most by the Constable Monsieur de Vieuxville who after some disgusts upon the peoples interest was for that secured from their rage by a seeming imprisonment and after rewarded by publique preferment being the Queen Mothers Instrument also to enter her neerer Favourite Cardinal Richlieu her Confessor and great Confident and now introduced him also into the Cabinet Council composed of the Queen Mother the Cardinals Rochfalcour and Richliew the Constable and the Guard de Seaux To assist Kensington comes over Carlile with joint Commission to ballance the French Council The first difficulty likely to be insisted upon was Religion wherein they were told the course that King Iames might be driven unto to banish Iesuits and Priests and quicken the Laws against other Catholicks in necessity of reducing them within the bounds of obedience correspondent to the expectation of Parliament now sitting for without them this work of weight could not proceed which with much altercation was at last resented as reason upon hope of Moderation herafter which was all they pretended unto And that the Grace theeof might the rather flow from the mediation of that State so much stood upon by Spain to save their honours therein who otherwise would be held Hâ—reticks And their good inclination forthwith appeared in the publick Treatment of the Ambassadours for some time at the Kings charge which so heightned them thereafter that their Expence so Magnificently profuse was never matched by any Many subtilties lengthened the Treaty the French following the former way of the Spanish delay from their several Overtures to cross ours and ministred an excuse Of unseasonable concluding in this conjuncture of time when such great changes are apt to beget jealousies from neighbour States And this was cunningly fomented by the Spanish Ambassadour who vaunted That there is not a greater change in La Vieuxville his preferment who governed all as there is in the General affections which follow the stream of his greatness and credit Casting in the Kings mind the Seeds of doubt whereto Olivares in Spain did contribute his Rodimentado to Bristol not yet come home That if the Pope should grant a Dispensation for France his Master would march to Rome and sack it However Kensington who was more interessed to press the Princes affection than his Collegue Carlisle had leave to make Address unto Madame at some distance yet neerer than before with such commands as the Prince had intrusted to him which Queen Mother would know No saies the Baron that were in example to the like prejudice which the Spaniard put upon the Prince She replyed The Case is different there he was in person here but by Deputy But yet such a Deputy saies Kensington that represents his Person Mais pour tout celas dit elle qu' est ce que vous diret Rien dit ille qui ne soit digne des orcilles d' une si virtueuse Princesse Mais qu' est ce said she Why if your Majesty will needs know it will be much to this effect and so in a way of freedom exprest it thus That your Majesty hath afforded me liberty of free Discourse presenting his Highness service not by complement but by passions of affections which both her outward and inward Beauties the virtues of her Mind hath so inlightened his resolve as to contribute his utmost to her allyance as the greatest happiness here upon Earth if the Success might minister occasion to manifest his Devotion in adoring her And going on Aller aller said she il ny a point de danger en tout cela je me fie en vous se me fie But I dare say he said more to Madame who drank down the joy and with a low courtesie acknowledged it to the Prince addiâ—g her extream obligement to his Highnesse in the happiness of meriting such eminent place in his good graces Then turns he to the old Ones that guard her Ladies saies he Since the Queen grants me these freedomes It would not ill become your Ladyships to speak and do suitable Letting them know that the Prince had Madames Picture in the Cubinet of his heart as well as in his hand and so fed his Eyes and Soul with sight and contemplation until he should be blessed with her person This serving as a second Courtship to Her self who no doubt took up each syllable as it fell from him and such success followed that Carlile had the Garter of Saint George sent him snd the Baron converted to an Earl and called Holland The Princess appearing more in publique Her Court and Train inlarged and though our Embassadours had to do with harsh and subtile Clergy and the rest resolute Statists yet so reasonable were the conditions on both sides as that the Articles were received by King James not long before his death but not sworn unto as some do say that he did and worse would make us believe That Carliles comming was to delay the Treaty in hope of renewing that with Spain A scandal â—evised to make the King odious and the Prince inconstant for the copied Articles of several Transactions and the original Dispatches are to be produced in answer to all And thus was the business mannaged abroad until she came over to be Queen of England These were times of Tryal at home Inquisition upon all Mens actions the King being willing to expose his greatest Ministers who escaped not the censure The Lord Treasurer Cranfield is questioned for mismannaging the Exchequer
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-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
colour of doctrine to stir up sedition no good man will grant If Treason and sedition be crimes punishable much more comitted in the Pulpit where the word of truth only should be taught I am not ignorant what France of late and England formerly have suffered by the violence of such spirits And I may not indure it Hereupon the Church finding the King resolved desire some Declaration to be made to the people in favour of Church Assemblies which they feared was hereby of late somewhat weakned which the King assented unto and it was accordingly published to give finall conclusion to these differences Blake was required only to acknowledg his offence to Queen Ann. And to be pardoned of all This he would not do and was therefore sentenced To have falsely sâ—andered and treasonably calumniated the Kings Majesty his consort the Queen his Neighbour Princesse the Queen of England the Lords of the Council and Session and that till his Majesties further pleasure he should be confined beyond the North water enter ward within six dayes and Ten daies more were taken up to decide these differences and the King condiscends to lesser submissions than before But the Commissioners refuse to agree to any censure of Master Blake as not done by the proper Iudg. And so they ordain a fast and pray and preach complaints of wrong done to the Kingdom of Christ. The King on his part made the grounds of his displeasure known to his people by Declaâ—ation setting forth particulars of the last Transactions Ordaining all Ministers to subscribe their obedience to his Majesty and to set their hands to the bonds presented to them to that effect under pain of sequestring their rents and stipends till they submitted Blake to go to ward and the Commissioners to remove out of Town They increase Aspersions upon the King who willingly would have recalled these sentences and Publications and some Ministers were treated therein till a scandalous Letter was devised and sent by under hand advise that Huntley had private reception by the King over night and caused the charge against the Ministers Balcanqual takes his text out of the Canticles and so to present the troubles of the Church relates the late proceedings which he calls treacherous forms of the Council naming particular officers The President and Controuler and Advocate with reproachfull raylings and concludes to advise the Barons and Nobles to meet in the little Church for assisting the ministry From them came a petition to the King in behalf of his Ministers and presented to him in the uper house of session with complaints uttered by Bruce of all which had passed The King declining the petition and remonstrance asked who they were that durst convene against his proclomation The Lord Lindsey passionatly replied That they durst do more than so and would not indâ—re destruction of Religion Numbers of people thronging into the Room the King removed the people seduced by Lindsey and others some said arm others called out to bring forth Haman others cry'd out the sword of the Lord and Gideon And with much adoe to appease the peoples rage at they knew not what The Lords and Ministers meet propose Articles to the King and whilst they design who shall present them each one refusing The King and Councel remove out of Edenburgh into Linlithgow Ordering a Proclamation to signifie the reasons of this departure the Town being unsafe for his person and Council and unfit for the administration of justice by the late in sufferable Tumults commanding all Lords of session Commissioners c. and their Deputies to remove out of the Town of Edenburgh and be in redinesse to that place they should be after assigned And the Noblemen and Barons to withdraw to their own Houses and not to covene or Assemble under pain of the Kings displeasure The City is amazed with these proceedings not knowing what to do or whom to trust unto The Ministers night and day restlesse to get subscriptions and to covenant to call in certain Noblemen of note Hamelton Backlugh and others Fast and pray and preach what stuffe best befits their projects one amongst many others Iohn Welch takes his theam the Epistle sent to the Angel of the Church of Ephesus rayl'd against the King who he said was possessed of a Divel and one Divel the King put out seven worse are entred in That the Subjects might lawfully rise and take the sword out of his hand by example saies he Of a father faln into frenzie might be bound hand and foot by his family from doing mischief Yet this execrable doctrine was received by some nay they preach that the Earl Arrol had come to the Ferry with four hundred horse the day of Tumult but the rising of the people as a providence of God for good scattered his forces in fear of the Town so prepared And being Masters of all they undertake to send Messengers to the Earl Hamelton with letters that the people animated by motion of Gods spirit had taken Arms with the patronage of such Godly well affected Noblemen and Brethren then at Edenburgh for the cause of God Only they wanted a Head an especial Nobleman to countenance their cause And having made chioce of him they invite him to Edenburgh with all convenient speed and thereby to signifie his affection and to accept the honor which the Church of God had offered unto him It was writ and subscribed by Bruce and Balcanquall and sent to Hamelton who receives the Messenger with all shew of kindness and seems to prepare his journey for Edenburgh but by the way better advised he turns to Linlithgow and presents the King with the letter who wondered at the modesty of the man accounted more ambitious than to neglect such a rise to tempt his humour by whom had the letter taken effect it might have caused strang Rebellions when the Church had begun to act their part with so much power a bloody issue alwaies following the pretended zeal for Religion as the most part of Christendom have felt the miserable effects and great Britain most of all The insurrection and letter made work for speedy Counsel to act for the King and the Provost had order for imprisoning the Ministers who got loose and fled to New Castle in England The Town send Commissioners to purge themselves protesting their Innocencâ—e and offer their obedience for repairing the indignity and dishonor done to the King but served not for their purgation for the next day the Tumult was by the Counsel declared Treason and the devisers Actors and Partakers to be Traytors Edenburgh smarted for all the inhabitants in fear of desolation the law-Courts removed to Lith the Session to Perth the Ministers fled the Magistrates dispised and all men without the walls their enemies And again most humbly supplicate the King with the best excuse for themselves The King told them that he would proceed with them
contrary to what they did to him by form of law not by violence and that the estates should meet in the same place where the dishonor was done to him for their tryal and punishment The day before the convention The keys of the Town submitted to the Kings officer a guard of the Kings forces ranged the streets and the Citizens disarmed are commanded to keep within doors the charge of the Town given to the Earl Marre Lord Seaton and Uchiltry Thus prepared the King enters with a train of Nobles alights at the Talbooth where the Estates did meet The Provost Sir Alexander Hume with the Baliffs and numbers of the City fall down on their knees and to pacifie the King most humbly propose To purge themselves of the Tumult by oath before the Council having made diligent search for the Authors aâ—d would proceed to inquire or to aâ—sist any other officers therein They promise never to admit of those Ministers pronounced Rebells without his Majesties command nor ever to receive any hereafter but at the Kings pleasure and not to elect annual Majestrates without the Kings approbation and to accept others whom the King would present And in all or any other manner to submit as his Majesty shall ordain under protest that they take not upon them the crime of the Tumult See the effects of Rebellion in general if they succeed not advance the Soveraign so did this The insurrection proceeding from the Ministers their Ecclesiastick Jurisdiction submits alwaies after to the Kings authority In these stories of Bruce before and Blake now the grand Incendiaries of their Riot it appears how patiently the King proceeded if possibly to have confirmed them and to have secured his Prerogative with their priviledges which he could never procure from them without this oversight of their own Besides how submiss are the Lay subjects now and how high grows the King and his Counsellors Advice is offered to raze the Town and erect a Pillar of repentance a Monument of their misery caused by their insolencie and this their punishment Others were lesse mild but all for condign marks of revenge to teach others their duties for the time to come Nay Bowes the English Ambassadour was out and in and in and out with his policies he liked well to imbroile the State but not to allow advantage to the King for by the faction of the Brethren all the designs of England were managed and reciprocall assistance from them to ballance their quarrels at home and therefore Queen Elizabeth writes to the King her advice fearing belike too much pressing upon the Ministry according to their merrit My Dear Brother If a rare accident and ill welcomed News had not broken my long silence I had not used Pen-speech as being carefull of your quiet and mindfull of your safety To omit the expressing of both by letting you know how untimely I take this new begun phrenzie that may urge you to take such a course as may bring into opinion the veryfying of such a scandal as you avowed to me to be farr from your thoughts In this sort I mean it some members of the Church with their Companies have over-audatiously imboldned themselves to redress some injurious acts that they feared might overthrow their profession which I grant no King for the manner ought to bear with yet at the instant when the new banisht Lords returned and they seem to be wincked at without restraint and the spring time going on when promised succor is neer hand together with many letters from Rome elswhere which tel the names of men authorised by you they say though I hope falsely to assure your conformity as time may serve you to establish the dangerous party and fail your own I wail in unfeigned sort that any just cause should be given you to call in doubt so disguised acts and hope that you will so try this cause as that it harm you not though it ruine them Of this you may be sure that if you make your strength of so sanday a foundation as to call to your aid such as be not of your flock when as the one side be foolish rash head-strong and brain-sick yet such as may defend you having no sure anchorage for themselves if you fail them and the others who have other props to sustain them though they lack you yea such as though your private love to their persons may invegle your eyes not to pierce the depth of their treason yet it is well known that their many petitions for foraign aâ—d might have tended to your perril and Countries wrack for seldome comes a stranger to a weaker soil that thralleth not the possessor or indangereth him at least I trust you think no less or else they must justifie themselves to condemn you for without your displeasure not feared for such a fact no answer can shield them from blame Now to aver my folly in seeming buysie in anothers affairs I suppose you will not mislike since the source of all is the care of your good to desire that nought be done that may imbolden the Enemie decrease your love and indanger your securety This is in summe the line whereto I tend and God I beseech to direct your heart in such sort as you please not your worst Subjects but make all know in a measure what is fit for them and make difference between error and malice So God bless you with a true thought of her that means you best Your most affectionate SISTER Elizabeth Reg. The Queen suspected that the King would have given extream punishment according to the fact and so highten their adverse enemy the Papists whose cause she urgeth as more guilty to ballance them both with mercy not malice This moderate Council it appears by the Kings former proceedings he intended rather a mind to paliate than to urge the occasion of greater diferences And accordingly no farther prosecution was made only to pursue the Town criminally and to appear at Perth February next And the Octavians not agreeing amongst themselves gave over their Commission of Exchequer into his Majesties hand fearing belike in this time of examination and purging defection they might come to a troublesome accompt though generally they gained repute of faithfull Stewards of the Kings treasure The King finding the Church affairs fall into his own hands rectifies the abuses crep in sates one amongst their articles of discipline I cannot say so they were so framed and formed from the first every day proceeding absurdities not disputed how resonable or religious but as they made for their advantage so were they ordained and obeyed And therefore a National Assembly is appointed at Perth must regulate all to treat and determine the bounds and excercise of the spiritual Jurisdiction Articles being drawn up and printed for to enter upon consideration with this Preface of the King He takes God the searcher of all hearts to record That his intentions are not