to be rather for Conquest than Countenance and so was it time for the English to strike in for a share if not to prevent such Neighbour-hood upon that Rule Let the French be thy Friend but not thy Neighbour and indeed were afraid of an invasion as was threatned upon several Pretences And first the English Counsellors wisely considered not to provoke nor to give bad Examples for Princes to lend Protection to rebellious Subjects For so all Potentates esteemed the Scots against their Sovereign And on the other side it might be accounted little Piety to forsake a Protestant Party for so the Religion would have them But concluded it reasonable to be in Arms and to expect occasions It being alwaies the English fore-sight to prevent invasion at home On the sudden it was hastened to send forces to Scotland upon pretence however to assist Religion and so drive out the French from thence ere they should take firm footing there This Result might be grounded on former Examples by the English neglect lost Ambleteul and the Fortifications neer Bologn taken suddenly which necessitated the loss of Bologn it self presently after And the same carelessness rendered Calice to the French Upon which score lest Berwick and the Borders should be surprized forces are sent by Land thither and by Sea into Edenburgh Fryth with a Fleet that suddenly set upon the French Ships riding neer the Shore and their Garrisons in the Isle of Inchketh The Duke of Norfolk comes to Berwick with forces assisted with Commissioners Sir William Caecil Secretary and Doctor Wootton a Civilian And who must come to kiss their hands but the Prior of St. Andrews Iames the Bastard Son of Iames the fifth the Lord Ruthen and others Commissioned from Hamilton Duke of Castle-herault and the Confederates and there enter league with England In May 1560. For preservation of the Kingdom of Scotland against the French during their Mariage with the French King and a year after and for expelling the French provided that they preserve obedience to the Queen of Scotland The Governours of that State Who had imped their Wings with Eagles Feathers liked no game now but what was raked out of the ashes of Monarchy making head against Soveraignty And to make it the better called in to their aid the English Forces inviting their antient Enemy the English against the French and by that means turned her own Sword into her own bowells to the funeral of her own Liberty and so it was no wonder Scotland at that tiuse to pass under Foreign Servitude Evermore crying Liberty which they most avoided as they came neerer to the End and Event And hereupon an English Army of 10000. was sent under Command of the Lord Gray and were received by the Duke Arguile Ruthen and Others the Queen Regent with her faction took security in the Castle of Edenburgh The French inclosed within the Town issued out upon the Besiegers and put them to flight But rallying again forced the French into the Town and stormed it with great loss And now the Ministers make the fourth and last Covenant To expulse the French out of the Kingdome when in Iune 1560. the Queen Regent dies and forthwith came Commissioners Randan with a Bishop Deputies from the King and Queen in France Sir William Caecil and Doctor Whitton from England treat and conclude a Peace at Edenburgh in Iuly That the English and French should depart the Kingdom and 24. elect shall govern whereof the King and Queen in France shall nominate seven and the States five as one Council and six of those to be of the Quorum And Deputies of the Congregation to be sent into France by Petition to the King and Queen for granting privileges concerning the Reformed Ministers and their Religion Which Treaty Queen Elizabeth endeavored evermore hereafter to press Queen Mary to ratifie which she alwaies refused or excused And thus being rid of two devowring Armies some hopes remained to recover that poor Nation into reasonable quiet But the Strangets gone the Ministers pulpit their Design prescribing certain Diocesses to several Men. We shall use their Names hereafter Knox to Edenburgh Goodman to Saint Andrews Heriot to Aberdeen Row to Saint Iohnstons Meossen to Iedbrough Christoson to Dundee Forgeson to Dumfermling Lindsey to Lieth Afterwards they had their Super-Intendents Spotswood for Lothian Woram for Fife Willock for Glasco Canswell for Arguile and the Isles Dun for Angus and Mearors And then the next Parliament they supplicate for Liberty of Conscience with Invectives against Papistry but not Episcopacy as yet And presented 25. Articles of the Confession of their Faith ratified by the three Estates called Lords of the Articles viz. eight Lords eight Church-men eight Commons these are first to consider Articles and Heads and then to present them to the Parlament to pass and are called in the Latine Authores Apolecti And two Acts were published against the Mass the Popes Supremacy and Jurisdiction which were sent to the King and Queen in France for ratification but by them refused however Knox Winram Spotswood Willock Dowglas and Row devised a Policy of Church-Government which they called Discipline And fearing the future they send Commissioners into England to supplicate Queen Elizabeths assistance and support against fresh Forces out of France when in December 1560. Francis King of France and Scotland dies and therefore to his Queen Widow was sent the Lord Iames afterwards E. of Murray as her Counsel In this Interim the Ministers bethink of some Orderly Form in the Kirk The Manner of electing Super-Intendents was to summon the Churches about Edenburgh by publick Edict Iohn Knox presented Iohn Spotswood Super-Intendent of Lothian whom the multitude accepted and promise obedience as to their Pastor He by questions professes and answers That he accepts of this office without any respect of worldly Commodity Riches or Glory but since these daies of pluralties they leave out this Article without answering concluding to be subject and obedient to the late Discipline of their Kirk And thus he becomes a Minister of the Multitudes making which with the blessing of some one of them he is dismissed At this time comes over an Ambassadour from France to restore Bishops and Church-men He was answered Negative and so departed And presently after they fall to pulling down Abbies and Monuments of the Church And now begins Jealousies between the two Queens of England and Scotland For the Scots had sent into England for the Queens ratification of the Treaty at Edenburgh which she signed but the Queen of Scotland in France refused it with excuse until she comes home and consult with her Council which the other took ill Although she had endeavoured with reasonable Arguments to satisfie her Ambassadour Throgmorton therein But the Widow Queen arrived in Scotland out of France in August 1561. in most tempestuous weather Triste
son the King in the remove of her Corps from thence to Westminster where she lies intombed amongst the Glories of her Royal Ancestors And thus she died Mary Queen of Scotland great grand-daughter to Henry the Seventh of England by the eldest Daughter Margaret six and fourty years of age and in the eighteenth year of her Captivity Anno 1586. Let us give her to the World in this brevity She was designed by Henry the Eighth to his Son Edward the Sixth and by Henry the Second King of France for Francis the Dolphin at five years of age she was conveyed in to France at fifteen married to the Dolphin who was after King of France She was sole Sovereign Queen of France one year and four moneths Her Husband being dead she returned into Scotland and married the Lord Darly by whom she had King Iames. Near to her Tomb in Peterborough Church was this Epitaph fixed in Latine but soon pulled down Maria Scotorum c. Thus Englished Mary Queen of Scots a Kings Daughter the French Kings Widow near Kinswoman to the Queen of England and next Heir to the Crown adorned with royal virtues and a kingly minde often but in vain demanding the Privilege of a Prince by barbarous and tyrannical Cruelties the Ornament of our Age and a right Princely Light is extinguished and by one and the same infamous Iudgment both Mary Queen of Scots to a natural Death and all surviving Kings being made common persons are doomed to a Civil Death a strange and uncouth Grave wherein the Living are shut up with the Dead Cum sacris enim divae Mariae cineribus omnium Regum atque Principum violatam atque prostratam Majestatem hic jacere scito quia tacitum regale satis superque Reges sui Officii monet plura non addo Viator Indeed so much was said and censured that the Queen and State began to double she in a monstrous sadness and tears denying Address of the Counsellours and her self excuseth her Death to the King of Scots by Sir Robert Cary. MY dear Brother I would to God you knew though not to feel how my minde with imcomparable grief is disquiet in regard of this lamentable Event against my meaning and intent which because my Pen trembles to utter by this my Cosin you shall understand it I am not so poor of spirit to be afraid to do what is just or to deny it I intreat you that God above and many on earth may be witnesses of my innocency therein and that you would credit had I commanded I would also now not deny it being done nor appertaineth it to a Prince to shadow the meaning with ambiguous words nor will I dissemble my Actions out of their own colour Perswade your self to the truth As I know this is deservedly come to pass so if I had meant it I would never have laid blame on others nor will I impute to my self what I never dreamed The rest he shall impart by whom you receive these as for me I would have you credit that there is none more truly affected towards you or more studious for you and your affairs if any shall otherwise suggest believe them not God keep you long in safety and prosperity And Cary on his Journey poor Davison her Secretary to make good the Errand is called to trial in the Star-chamber before Delegates assigned a man of singular modesty and mildness answered much for his innocency as being unwilling to contest with the Queen yet could he not endure his modesty should wrong the Truth and his own Integrity and so suffered himself to be be guilty and censured a thousand pounds Fine and Imprisonment which he endured a long time and never could procure the Queens favour though he was relieved by her charity in his great necessity which after followed The Qu. saith he upon the Departure of the French and Scotish Ambassadours from Her of her own accord commanded me to prepare the Commission for executing the Sentence against the Queen of Scots and when it was exhibited she willingly signed it with her own Hand and after gave order for it to be made ready under the Great Seal of England and merrily said Signifie thus much to Walsingham who is sick though I fear greatly it will make him die with grief She added also Reasons why she had deferred it so long to wit That she might not seem to be drawn unto it forcibly or maliciously though she were not ignorant all the while how necessary it was She blamed Paulet and Drury that they had not freed Her from that care and wished that Walsingham would try them therein The next Day the Great Seal was to it she sent Injunction by Killegrew that it should not be done And when I shewed to Her that it was done she reproved my haste intimating that some other couse by some wise Persons might be taken I made Answer That that was always the best way which was the justest But fearing that she might lay the fault on me as she had done the Duke of Norfolks punishment on the Lord Burghley I imparted the whole matter to Hatton protesting not to engage any further in so great an Affair He strait way did communicate to Burghley and he to the rest of the Counsellours who all consented to have it hastened and severally vowed that they would bear the blame and they sent down Beal with the Commission and Letters Three Days after perceiving her minde doubtfull by reason of a Dream which she told of the Queen of Scots Death I asked if her minde were altered No said she but some other course might have been thought upon And with all demanded if Paulet had returned any Answer Whose Letters when I shewed to her wherein he plainly refused to undertake it as being neither honorable nor just She in anger accused him and others which had tied themselves in Association of Perjury and their Vow violated who had promised great matters for their Princes safety but would perform nothing yet there were amongst them she said that would do as much in their own cause But I shewed how infamous and unjust a thing that were and withall into what Dangers she should cast Paulet and Drury for if she allowed the Fact she must draw upon her self Danger and Disgrace besides a note of Injustice but if she disallowed it she must ruine well-deserving men and their posterity Afterward the same Day that she was put to Death she gave me a Check that the Sentence was not all this while put in execution as thinking it not done Hereby appears foul play intended by another no doubt wicked way which Paulet and Drury boggled at to perform and yet we see what daubing there was on all sides to cast the blame and after-shame on any to keep the stain and blot from the eminent Actors And the cunning of Walsingham who having the greatest hand in the contrivance towards
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
of Ambassadours privilege 74 Massacre of Protestants in France 83 Episcopacy in Scotland continued â—â— Babâ—ngton's Treason â—14 Queen of Scots her Trial in England 115 sentenced and 〈◊〉 of Execution 121 Secretary Walsingham's Letter concerning the Execution of the Queen of Scotsâ—â—8 â—â—8 The Spanish Nâ—vies Design against England in the year 1588. 141 King James 6. sends Commissioners first and goes over himself to fetch his Queen from Denmark Concernments of France with the murther of Henry 3. 155 Hacket's horrible Tenets arreigned and executed 162 Ministers mad work 194 Digression how far forrein Titles precede in England 211 Digression concerning the power of Witches and Witchcraft 214 Earl Gowry's conspiracy against King James 225 Earl of Essex his Treason against Queen Elizabeth 233 Irish affairs under Lord Blunt Deputy of Ireland 242 English Commissioners in France dispute Precedency 243 These particular Passages of the Second Part may be read by themselves apart INtroduction to the Second Part page 2 Of Knights Batchelors 271 Of the Order of the Garter and Saint George his story 273 Of Earls and their Dignities 274 Of Barons and their Dignities 275 Knights of the Bath their Creation 276 Digression concerning Imperial Rule and Interest of Christian Princes 277 Of War and Conquest of Success their Consequences 281 Sir Walter Raleighs Treason 282 Of Presbyterians Doctrines 289 Conference at Hampton Court 293 Translation of the Bible and singing Psalms 308 Catechising commended 310 Of Parliaments their beginnings 312 King James first Speech in Parliament 319 The Powder Treason 323 The Oath of Supremacy and K. James his Apology to Forein Princes 329 Of Iesuits how to suppress them 331 Libel against the Lord Treasuer Salisbury and His answer 334 King James Speech and answer to the Arguments concerning the Union 338 Sprots Conspiracy with Gowry his arraignment and Execution 342 Lord Balmerino his treacherous Design 348 King James his second Speech in Parliament 353 Duke of Gelders his Descent and Death 361 Prince of Wales their Dignity 362 Of Chelsey Colledge 365 Of Masks and Comedies 366 Suttons Hospital founded 367 Of Vorstius and Arminius their Books and Doctrines 370 Prince Henries Sickness and Death 377 Treasurer Lord Salisbury his Life and Death 381 〈…〉 〈…〉 James 391 Earl of Northampton's Life and Death 393 Of Duels and Combats 394 Of Plantations in America 400 Of Barâ—nes Knights creation 402 King James wants discussed how to be relieved 404 Earl of Somerset his Countess arreigned 414 His Letter to K. James 420 The case of Commendams 424 Difference between the Chancery and Common Pleas and their Dignities 431 King James his Speech in Star-chamber 439 Sir Thomas Lake and his wives story 446 King James journey into Scotland 450 George Villiers a favourite his story 455 Sir Ralegh's Guiana Voyage and Execution 459 A monstrous Murther in Cornwall 463 Barnevelt's Treason and Execution 466 Of Synodes and Councils Synode of Dort 467 〈…〉 〈…〉 of Bohemia 478 Sir Wootton's Embassy into Germany 485 Marriages with forrein Princes unfortunate to England 487 Earl Marshalls of England their Dignities 505 Of Libells and Pasquils 526 Of Knights Templers 527 Preachers ordered their matter and manner 531 King of Spain's Letter to Oâ—vares and his Answer concâ—rning the Princes Match 539 Prince Charls journey into Spain his Treatments and return 542 Spanish Ambassadour accuses the Duke of Buckingham of Treason 562 Prince Charls Marriage with France treated and affected 566 Treasurer Cranfield put out of Office 573 Of Apprentices of London they are no bond-men discussed 574 Cruelty of Amboyna 576 Famous Siege of Breda 579 The INDEX to the second Part. A. QU Ann sent for out of Scotland her Design to seize the Prince p. 272 Her Death and Character 774 Ambassadour French and Spanish quarrel 320 Weston and Conway Ambassadours into Germany 482 Lord Haies Ambassadour into France 428 Lord Rosse Ambassy into Spain 429 Spanish Ambassadour accuses the Duke of Buckingham of Treason the story 562 Assembly of the Scots Kirk in spite of the King 321 475 Aid-money 363 Arminius and Vorstius their Heresies and story 370 Adamites Heresies 375 Abbot Arch-Bishops Arguments against the Nullity of Essex and his Countess answered 391 Kills his Keeper 530 Arreignment of the Earl of Somerset and Countess for impoysoning of Overbury 414 Arreigning of Peers discussed 414 Lady Arabella marries Seymer 423 Marquess D' Ancre murthered in France 549 Abbot Arch-Bishop his Letters concerning the King of Bohemia 481 Earl Arundel Lord Marshal their Dignities 505 Of Apprentices of London no Bond-men 574 Cruelty of the Dutch at Amboyna 576 B. BArons created 271 their Dignities 275 Beaton Arch-Bishop dies in France 271 Batchelour Knights manner of Creation 276 Bible new translated 308 Balmerino Secretary of Scotland his Treason and story pardoned he and his posterity ungratefull 348 Bishops of Scotland enlarge their power 350 Baronet Knights created and discussed 402 Benevolence and means of the Kings supplies discussed 407 Sir Francis Bacon made Lord Chancellour 437 his submission in Parliament and supplication 501 his Character 503 his Encomium of King James 594 Barnevelt in Holland his Treason and execution 465 Blazing Star their effects discussed 471 King and Queen of Bohemia defeated and fly into Holland 485 Breda that famous Siege 579 and lost 589 Briante Botevile and Beauvoir their several Duels and Combats 582 Bolton's contemplation on King James 594 C. KIng and Queen crowned 275 Corâ—nation-oath 276 Conference at Hampton-court to settle the Discipline of the Church 282 Catechizing commanded 310 Commotion of Commoners 312 Charls Prince created Duke of York 322 High Commission Court 352 356 Chelsey College founded and why 365 Contribution money 367 Car a Favourite and his Countess their story 376 arreigned for impoysoning Overbury 414 the case pleaded 416 condemned reprieved and pardoned 419 his Letter to the King 420 The case of Commendams the Kings right to them pleaded and passages thereupon 424 Lord Chancellour and Lord Cook difference the cause and case 431 the Kings Letters to the Chancellour his sickness and death 432 Common Pleas Court what 434 Chancery Court and power 435 Chancellour Sir Francis Bacon succeeds 437 Church of Scotlands proceedings 475 Cranfield Lord Treasurer 495 questioned in Parliament and put out 572 Calumnies answered 535 Combates at Breda 582 D. DIgression designs for Imperial rule in Christendoâ— 27â— King of Denmark his first arrival to visit the Queen his Sister 333 second arrival 413 E. Dorset Lord Treasurer dies 342 Of Duels 394 Dort Synode 467 Lord Digby Ambassadour to the Empire 495 returns accounts to the Parliament 509 sent into Spain to treat in the Match 524 ordered by Letters how to proceed 536 created Earl of Bristol 539 is to forbear the Espousals 555 takes leave of Spain 556 and is come home to the Parliament 563 Designs at the Siege of Breda 584 E. QUeen Elizabeth not willing to publish her Successour 261 Earls created 274 their Dignities 275 Excommunicatiou absurd in Scotland
Fugitives if he might be trusted with the Queens License which was promised to him but delayed whilst all was discovered to Walsingham by one Gifford a Priest whom he recommended unto Amias Pawlet to suffer his servants to be corrupted by him and so to intrap the Queen his Prisoner but though Pawlet refused to conspire with his servants yet he permitted one that depended on the necessary service of his Family a Baker to be bribed and at a hole in the wall to give out and take in letters between the Queen and all the confederates which were as sure to be opened and read by Walsingham who got the Keys of the Ciphers and had answeâ—s counterfeited to involve whom he pleased to suspect in the Plot. At last the time being ripe for Execution they were proclaimed Traytors and at several places seized examined and confessing to every particular they were executed as Traytors seven of them most cruelly the other seven with more mercy The Queen of Scots was so narrowly watched that she knew nothing of the discovery no not when Mr. Gorge was sent to her to expostulate these plots She being then on horseback a hunting was not suffered to return but in shew of honour was led to several Gentlemens houses in the mean time that her servants and her Secretaries are severed from Communication her Cabinet and Desks and Copies of Letters with sixty several Ciphers discovering all were seized and sent to the Councel Now is Gifford sent by Walsingham into France and given out as banished who leaves a Paper indented with the French Ambassadour In charge not to deliver any letters from the Queen of Scots or from the fugitives that came to his hands and to be sent into France but to such onely that brought the counterpain of the Indented Paper which he secretly sent to Walsingham And so depâ—â—ted into France where soon he died for having done the main work ere he went over was for his reward discovered to be a counterâ—eit even by slight of hand and Walsinghams contrivement and so had â—auce to his knavish face that pined him away by inches In this condition was the poor imprisoned Queen at Fotherringhan Castle in Northampton-shire when the Councel were as busie what to do with her At last they concluded to proceed upon the Act of 27. Eliz. made the last yeer against Plotters or contrivers of the Queens death as before said To which purpose a Commission under the great seal issued out impowring twenty four Noblemen and others therein who came to the Castle the 11 of October to try and censure her Against which she excepted As being her self a free Princess and not liable to tryall for life Her ignorance of the Laws of England and without Council Her papers and writings seized and so utterly refuses to be tryed Yet being over-born and convinced with many strong arguments of Law and Reason she submits The manner of her Tryal was thus A chair of Estate was set as for the Q. of England under a canopy at the upper end of the Presence Chamber Bâ—neath against it was placed a Chair for the Queen of Scots close to the Walls on both sides of the Cloth of Estate Seats were made for the Lords Chancellour Treasurer the Earls of Oxford Kent Derby Worcester Rutland Cumberland Warwick Pembroke Lincoln and Viscount Mountacute On the other side the Lords Abergavenny Zouch Morley Stafford Grey Lumley Sturton Sands Wentworth Mordant Saint John Compton Chenos Next to these the Knights Privy Counsellours Sir James Croft Sir Christopher Hatton Sir Francis Walsingham Sir Ralph Sadler Sir Walter Mildmay and Sir Amias Paulet Forward before the Earls sate the two Chief Iustices the Chief Baron of the Exchequer And on the other side the other two Iustices Delt and Ford Doctors of the Civil Law At a Table in the midst Popham Attourney General Egerton Solicitor Gawdy Serjeant at Law the Clerk of the Crown and two Notaries The Prisoner being set Bromley Lord Chancellour turning to her said The most illustrious Queen of England being certified to her great grief that you plotted hers and the Kingdom of Englands ruine and the overthrow of Religion established Out of duty to God her Self and People and no malice or ill meaning hath authorized these Commissioners to hear what can be laid to your charge and your Answer to defend your own innocency She rising up said She came into England to implore aid and was promised it but ever since kept Prisoner That she is not the Queens subject but a free and absolutâ—â—rincess and cannot be compelled to appear before Delegates or any other Iudg for any cause whatsoever but before God alone the supreme Iudge of all which otherwise were derâ—gatory to her own Princely Majesty to her Son the King of Scots her Successors and all other absolute Princes Nevertheless she did present her self to refute all Crimes that could be charged upon her The Chancellour replied that her Protestation was vain for whosoever offends the â—aws of England in England must be subject to the same examined and judged and therefore not to be admitted Yet the Delegates commanded her Protestation and his Answer to be registred The Patent and late newest Statute made a Law was read and opened to which she answered that it was purposely made to entrap her Gawdy averred that she had transgressed every part and parcel of that Law with a Narration of Babingtons Treason to which she was accused as conspiring abetting assenting to effect it She denies all never to have received Letters from him nor written to him she knew him not and requires Proofs of her Hand by any Subscriptions or Letters nay she never heard tell of any such Treason Ballard she knew not onely she understood that the Catholicks were grievously used and therefore she writ to the Queen for some pity upon them She confessed those Letters produced from many whom she knew not that profered their endeavours for her enlargement but she excited none to any wicked Design and being a Prisoner she could not hinder their Attempts Then was Babingtons Letters read his Confessions and Correspondencies with her wherein the whole Conspiracy was expressed She answered that Babington might write them but prove any receipt of them if Babington or any other affirm so much I say plainly They lie A Packet of Letters detained a whole year came to my hand but I know not who sent â—t But Babingtons confession accused her therein She blamed Sir Trancis Walsingham for his cunning plottings to entrap her with counterfeiting Letters and Cyphers which he lamely excused and put all upon policy of State This held out the Fore-noon After Dinner was produced Charls Pagets Letter and Curls one of her Servants confession that she received it touching conference with Ballard and Mendoza for invading England and setting her free She acknowledged that a Priest told her that
continuas sese certissimum hoc periculum adiisse in vitâ Quinti pag. 180. But Marian a Spanish Jesuit says Clement had often premeditated with himself and imparted it to â—ome Divines who concluded it lawfull for any man to kill a King that is a Tyrant Mar. Lib. de rege et Regis Institutione cap. 6. pag. 53. though the Council of Constance possitively forbids it The Leaguers banish Navar from the Crown and Kingdom and differ about election of a King for though divers were in dispute they with some Justice in Rebellion elect Cardinal Bourbon a degree neerer to the Crown than Navar and released him out of Priâ—on to the Throne And the Duke de Maine a pretender is pleased to be Lieutenant General of France who instantly intends to surprize Navar proclaimed likewise King of France at Diep or drive him out of all Navar implores Q. Elizabeth profers league with her offensive and defensive â—he in reverence to Religion and pitty of his distreâ—s sends him twenty thousand pounds in Gold by which he kept his Stipendâ—aries Germans and Swisse from revolt some ammunition and four thousand men conducted by the Lord Willoughby with four Collonels Wilford Burroughs Drury and Baskervile The â—ame of the Queen interessed and these mens valour discomfited the Enemy the day before their landing who fled with bag and baggage to Paris and are pursued by the English and French who take divers pieces in Normandy and return home The King of Spain this while lay gaping after these distempers fomented by Mendoza his Ambassadour and Cardinall Cajetan the Popes Nâ—ncio not without their insolent proposition to nominate Spain Protector of the French Catholiques with such Prerogatives to boot as he enjoyes over Naples and Sicily of bestowing all Offices Ecclestiastical and Civil By which the French themselves foresaw his ambition to promote their Religion with loss of their Reason Thus stood the State of France distracted Navar unsettled war increasing which hindred the Queens design to promote a Match between the King of Scotland and Katherine Navars Sister as defensive interests in Religion to counter with the Catholiques and therefore she had advised the King to mary himself to his â—â—king for Katherines years was with the most and her means with the least which she understood was settled a year since on Ann the Daughter of Frederick the second King of Denmark But Navar she protects with great sums of money she had lenâ— him not three years â—ince a hundred and one thousand five hundred and sixty French Crowns wherewith he levyed his German Souldiers And the last year seventy and one thousand one hundred sixty five more It cost her twenty thousand Willoughbyes expedition And now this year she lends him thirty three thousand 〈◊〉 hundred thirty three more to muster an Army in Germany and as much more she spent for sudden service Thus much for France Every two moneths she paid to the Garrisons of Flushing and Brill one hundred and five and twenty thousand â—â—orins And two hundred and threescore thousand more to 3000 horse and foot in service with the Low Countreâ—â— Besides other Sums of mass expence at home and her own expeditions by Sea and in Ireland by Land Whether these moneys are mistaken by Historians figures the addition of a Cipher multiplying the same otherwise they are incredible but indeed this was the way to dy poor for she was much in debt But she was not nice in Husbanding her expence to good purpose or in providing for the main by extraordinary waies for she was sometime put to shifts then as well as her Successor since and by the Customer Carmardines intimation of the value of Commodities she raised her Farmer Sir Thomas Smith from the rent of her Customs of fourteen thousand pounds sterling annually to two and forty thousand and after to fifty thousand This gain was not put up to his own purse no doubt for the Lord Treasurer and Leicester and Walsingham opposed Carmardine whether of intercepting their Bribes therin or disparagement of their judgment and care not to finde it out themselves By her bounty to France she kept off the Spaniard from hence her own judgment that the end of France its ruine would be the Evening to England contrary to others opinion that now the cantoning of France by the Spaniard Leaguers and particular Pretenders she might put in for her share Picardy Normandy or Brittain but she kept them off from others For the Duke of Parma for his Catholick Majesty had run through Picardy called in by the Leaguers to relief of the Rebellion at Paris and Io de Aquila of Spain invited into Brittain to settle of pretension of the Duke Mercoeur to that Dutchy Queen Elizabeth looks upon this dangerous Neighbourhood and speedily she resolves of three thousand men into Picardy and Brittain and it was time to prevent the growing power of Spain admitted now into Paris who vouchsaâ—ed their lawfull Sovereign no other Title but King of Bern but the Spaniard as their Lord and King the Pope also lent some Switz to the aid of the Leaguers against whom the Queen proclames it Treason to assist them by any Traffick This Assembly of the Church now in Iune petitioned the King 1. For establishing the Churches Iurisdiction and abolishing all Acts to the contrary 2. For purging the Realm of Iesuits and Papistry 3. For providing Maintenance of Ministers out of the Tyths and the Remain to the Support of Schools and the Poor and Repair of Churches For the first the entrance into the Acts of Parliament always provide for the Church For the second he had already done it in part and would willingly perfect that Work And the last was committed to Commissioners of their own and others But to conclude the King advised them their duty as Peace-makers on earth by Preaching and Practice to remove the barbarous differences which the feuds of the Nation dayly foment and which by their former encouragements for private ends had been taken up so customarily as became national that their godly care for reconciling such variances might amend that Crime grown to that height as was abominable to all strangers I shall do my part said he and if you apply your pains my work will be the more easie and the success effectual And truly thence-forward such a course was taken that in future all those damnable feuds were quite abolished by this King Though for the present it prevailed not between the Earls Huntley and Murray in the North Iohn Gordon married to Widow Grant one of his Servants in private quarrel was killed by another of hers whom Gordon pursues and for not appearing is pronounced Rebell and Commission to Huntley to apprehend him in a house of the Grants he takes it by force but findes not the Fellow This was ill taken by that Family who fly to the protection of the Earl Murray with
whom adjoyn the Clanchattons and Dunbars Huntley advertised that Murray and Athol were to confederate with those Glamis in Forres intends to dissolve that knot ere it were hard bound but before he came they fever themselves and Murray returns to Huntley's way lay by the House and some of his men braving thereabout they within discharge some Shot which killed Gordon and for which Huntley invades the other with Forces and Murray assisted by Arroll his Cosin prepare to defend These tidings came to the King whose command separates each one to his own home which served the turn for a time but brake out in disorder after Another of the same nature an antient emulation of the Kers the one of Cesfords Family the other of Farnherst for the Wardenry of the Middle Marches and the Provostry of Iedbury which the Heir of Farnherst William Ker a young Spark maintains to the death and in a Trial of Theft before the Council for English Goods stollen it was taken as done in spleen and derogate to the honour of Sir Robert Ker of Cesford the Fellow being his follower The lady Cesford of an haughty heart never ceased peuling until her Son had basely murthered the other These were men of good repute wise and of great courage and of much loss to the Borders the one dead the other undone who fled for his life until he made a large satisfaction for maintenance of the fatherless children and by Marriage with the Chancellours Niece came again to his Family and into favour We have hinted heretofore of the Northern Nations much inclining to Witchcraft and in Scotland those of great Families this Winter produced many Examinations Agnes Simson the wife of Kieth a Matron of a grave and settled behaviour she declared that her Familiar appeared in a visible form and resolved her doubts concerning the Life or Death of any she used to call him Holla Master Ho la in Spanish Who is there as he directed her and confessed that Bothwell bid her inquire of the Kings Reign Life and Death whom the Devil undertook to destroy but failing confessed to her not to be in his power speaking words in French which she understood not but could repeat them Il est homme de Dieu Another one Richard Graham confessed the like against Bothwell which was the cause of his Commitment out of which he escapes by corrupting his Keeper and so far guilty hath his Doom of Forfeiture and is denounced Traitor the Proclamation speaks That he being tender in bloud to the King and further advanced in Honors and Offices above his Birth having heretofore in an unnatural humor committed Slaughters raised Arms against his Majesty and practised with strangers against the Religion and whereof his Conviction in May 1589. was superseded in hope of amendment but since heaping Treasons he concluded with the consult of Witches against the Kings Life as by confession of sundry persons appears and for all being committed he hath broken Prison and thereby taken these Crimes upon him which concludes him a Traitor But he enters band with the Lord Hume and others and being forsaken flies into England his secret Harbours till next year The Archbishop of St. Andrews lies Bed-rid and fallen into some wants by mis-government the Presbyters like Crows about Carrion the common way of the Romish Catholicks to procure Proselytes labour him to leave some Lines under hand his opinion of matters of Discipline they form his words That he did not trouble himself then with thoughts of that nature and had never allowed of any other Bishop of the Church but St. Paul ' s Bishop to which he would sign And so Articles were drawn framed to their Design which he subscribed but whether in truth he did so or some for him or that their charity seldom upon better terms wrought upon his necessity or weakness of his spirits the Recantation came forth in publick of which injury he complained and committing his cause to Gods justice died the end of this year and accounted a man of some scale in Learning as they seldom want to account of themselves one commending another if he dies a Proselyte to them But presently that Church falls into Schism several Assemblies to compose Dissentions set up several Superintendents in one Presbytery or Popedom the Lay Parishioners siding with each Faction and coming to the question most Voyces pretended best interest but the other had gotten a new Paradox Quod suffragia essent ponder anda non numeranda and yet to end strife they part stakes and divide the Presbytery the one to sit at Cowper the other at St. Andrews I mention this for a Note That of all men none could worse endure parity and loved more to command than these which introduced it into the Church We have had to do with Secretary Walsingham of England and may not forget to take our leave of him also that lived not out this year He was industrious wise and religious a searcher in the secrets and mysteries of all States he had an art in past imitation to dive into mens dispositions and something for polite service screw simple Proselytes beyond common danger his Preferment no higher than Secretary and Chancellour of the Duchy of Lancaster and with Honour of the Garter his profuse expence for Intelligence abroad and at home kept him under compass during life and dying so poor that they buried him by dark in Paul's Quier Another of the same Sir Thomas Randolph so near in time that Death might do it with one Dart He was bred a Civilian and taken from Pembroke College in Oxford to Court from thence his Imployments were forein Embassies thrice to the Peers in Scotland and thrice to the Queen seven times to King James and thrice to Basilides Emperour of Russia once to Charls the Ninth of France and again to Henry the Third he was advanced to the Office of Chamberlain in the Exchequer and to be Master of the Ports the first formerly of great profit the later not so till these last times of ours which we make of immense gain but he was rich of children and therefore in my Lord Bacons opinion poor in Purse he had leave to retire some time before his Death to which his advice to Walsingham to leave the Tricks of a Secretary as himself would the deceis of an Ambassadour Sir Henry Wootton afterwards observed as much who could example with the most Hoc tandem didici says he animas sapientiores â—ieri quiescendo To accompany these of the Gown died that gallant man at Arms George Talbot created Earls by Henry the Sixth and he the sixth Earl of Shrewsbury who in Queen Maries Reign with three thousand Foot in the Scotish Wars rescued the Earl of Northumberland at Lowick he was of the appointed Guard of that Queen whilest here in Prison and succeeded the Duke of Norfolk and Marshal of England and in much honour
their view Chancells were so divided from the body of the Church and thereupon so called And the Lord Chancelour and Lord Keeper have one power by Stat. anno 5. Eliz. So then you see how and for what he hath his name And though his Authority be highest yet it is given to him by the Law and proceedeth in course of Law not according to conscience but Law That all Justice runs from the Supreme power so by the Chancelour to all Jurisdiction A man complains of wrong or sues for right in Chancery from which Bill of complaint issues a precept commanding the Defendent to appear at a Day So then a man may not be sued before he have a Writ or Breve from the Chancelour a singular regard to the meanest The very Writs of Chancerie are prescribed by Law and a form registred in Chancery and if not accordingly issued out the Judges will reject them called in Law Abating of the Writ His Authority to judge is of two sorts by common Law or Positive Law Potentia Ordinata Processe pleading judgement Potentia Absoluta by Processe according to the Law of Nature viz. to send for the party to answer upon Oath to examine if he will not answer yet the Chancelour cannot condemn him in the cause for obstinacy Potentia Ordinata mispleading on either part may mar the matter and the judgement must be according to Law however the Equity of the case fall out But if the pleading be by Absolute Power though the party misplead if the matter be good the Iudgement must be by equity and not as the pleading be either formal good or bad or as the law will in the case The Question followes whether that conscience whereby the Chancelour be simpliciter and to be simplex conscientia or Regulata Viz. To be ordered by course of Court former Presidents and if no Presidents whether Reason in codem respectu may take cognisance of the cause viz. A rich Father to suffer an honest son to beg or a rich son contrario the Chancelour cannot Hereupon we may conclude that his Authority judicial both Ordinata and Absoluta Potestas are limitted by the Law of the Land For in the Ordinary he is tyed to the strict rule of Law and by the Absolute he is ruled though not by the course of law yet he is to deal per regulatam conscientiam but in any case not to contradict what Law hath allowed But to conclude his Absoluta Potestas by what means he should find out truth Truly it is without limitation only to be referred to his own Gifts and the grace of God that gives Wisdom Sir Francis Bacon succeeded Elsemere Lord Chancelour though a wonder to some so mean a Man to so much preferment he was then Atturney General and as others by that placc and in the usual way of preferment time beyond memory come to high Office of Indicature either there or to other Benches and so did he But his Mis-deeds afterwards turned him out of all and he dyed poor and private See Anno 1621. And as his Genesis of preferment came to the chair of State so the Exodus of the Treasurer Suffolk in his Office brought him to the Star-Chamber and the Glory of the new Chancelour Chair-man there to sit in censure upon him and so to set out himself in his Matchless Eloquence which he did then by Sentence as the Mouth of the Court as all others had done Their abilities affording them several waies and manners in that Court more particular as their Qualities concern them to distinguish So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset He now finding the Fate of Court-policy final in this Lord and his malice at Liberty to speak what he list Parrallels this Lords Crimes with other such corrupt Treasurers raking Presidents of all former Predecessors Even from Randolphus de Britton who was sentenced to lose all lands and goods but was restored to him and fined 3000. 1. for misusing K. H. 3. Treasure Such another was Treasurer of Ireland Petrus de Rivallis and of great command also high Chamberlain of England to Edw. 1. his Offences were Bribes of all men poor and rich Religiosis quam de Laicis fined and ransomed So did the Abbot and Moncks at Westminster took out of that Kings Treasury there ad inestimabile Damnum Regis Regni For which these privileged pretenders could not be exempt from Tryal and the Temporalities of the Abby seized for satisfaction till which time of payment they suffered Imprisonment Nay Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then though small but a hundred pound of the Earl of Monteallo ut amicus in agendis negotiis versus dominum Regem lets him escape Prison to do his buâ—inesse and given of free Will and ex curialitate sua yet in those dayes it amounted to Extortion But he had Additionalls having indicted Iohn de Eugam of Tresgass for the Mannor of Fisby to which the King had title and imprisoned him and when another Mannor was conveyed to the Bishop for Courtesies done diversas curialitates Eugam was set at liberty but it seems the Bishops plea would not serve his turn That the King would rather punish by Imprisonment than fine And those good times accounted it Bribery Again the Bayliff of Oxford was committed for arrears of one hundred pound in his accompt and the Mannor of Calcat conveyed to the Bishop for satisfaction yet because he was of pure Devotion discharged by the Bishop these cases all three were condemned of Extortion and Bribery and the Bishop soundly paid for it by his purse and imprisonment In Edw. 3. He imprisoned William Lord Latimer with punishment and fine being in Commission to pay off the Kings debts he compounded for eighty per centum and 30. for 40. by which saies the Record he turned it upon the King to be a Bankrupt Compounder So did the Baron Nevil bought the Kings debts of the Army and though he pleaded that they forgave him the Remainder freely yet was he fined Such like as these were brought Examples to raise the Offence of this Lord Treasurer of himself as of high birth so most Noble and without doubt disdaining to commit base crimes but whether the guilt of Sir Iohn Dingly one of the Tellers in Exchequer an intimate Servant to the Secrecies of Suffolks Countess or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of Or the vain and monstrous expence heretofore of that family All that could be besides the necessity of Court-Fate cast in his dish was the imbezeling the monies lately paid by the States of the Netherlands for redemption of the cautionary Towns Flushing and Bril and he fined thirty thousand pounds and Dingly two thousand pounds the
that the world may speak well of their mutual agreeing Thus much in effect the King told them and which prepared their wild resolutions to strike at Prerogative now to undermine it only by quâ—rrelling with the Kings best Ministers and whilest these bandy in the Lower House the King proceeds in his Publick course concerning Germany and forthwith sends the Lord Digâ—y extraordinary to the Emperour for a posiâ—ive answer for rendition of the Palatinate by force or friendship These businesses abroad and expence at home brings him to accompt with his Exchequer where he finds his Exits increased the Incomes and intending the best Husbandry to piece out the expence He changes his Treasurer Mountague for other preferments of honour and profit and puts in Sir Lionel Cranfield upon no other merit saies one but for marrying the Marquesses Kin such Another saies more But I find him of an antient family in Gloucester-shire and being bred a Merchant Adventurer of London and other his extraordinary qualities in that and other Commendable wayes became useful to the State also And first had the honour of Knight-hood then the custody of the Kings Wardrobes afterwards Master of the Court of Wards and Liveries and now Lord Treasurer and created Earl of Middlesex Some busie Barons had gotten together a gang of Discontents of several Titles and framed a petition and their hands to it with this General Title The humble Petition of the Nobility of ENGLAND SHEWETH THat whereas your Majesty by importunity of some natural subjects of England hath conferred upon them Honours Titles and Dignities peculiar to other your Majesties Dominions by which the Nobility of this Realm find themselvs prejudiced Our humble desire is that with your allowance we may challenge and preserve our Birth-rights withont any notice of those Titulars to our Prejudice and to be excused to deny them the respect or place as to Noble men Strangers Seeing that these being our Countrymen born and abide here have yet procured their Translation into foreign names onely to our injury But in this address we meddle not to limit or interprete the power of your Soveraignty being the root whence all Honor receives Sap under what title soever to collate what you please upon whom and how you please The Subsigners were Oxford Essex Warwick Abergaveny Dacres Darcy Sheffield Crâ—mwel Scroop Sturton St. Iohn Paget Dudley Spencer Say The Barons indeed came behind but few Earls had cause so to complain And it was Say I remember well the Ring-leader of all though the last in Ranck and least in prejudice But his prejudice and subtilty steered the way to the rest who having a loose Brother amongst them perhaps many more stole the Copy to the King and betrayed their intentions before it was well-moulded The King wisely sent for them a sunder and roughly told them their Petition was sawcy but ended humbly concluding themselves not to expostulate his power or pleasure which if any of them sought to question they should soon find the effects but the first Man declined it as brought in by the buy and so did the second and third the rest took pattern from their submission and here was an end of that ranting Petition for our Author would enforce belief That the King pulled up his Spirits when he told Essex He feared him not with his fourty thousand men But the Proverb alludes in scorn to the folly of the French Oh the King of France and fourty thousand men and then with more disdam on Essex Hereupon the Commons take example and Petitions are framed as from the people but indicted by the Parliament A custom which the Commons house in those times took up to make business rather than be idle And first they fall upon Patents for Inns Ale-houses Gold and Silver Thread counterfeit pretious matter to spend time being now to quarrel with the Empire The last of them Our Historian saies was of sophisticate materials engrossing all the Trade of that Ages vanity onely in Gold and Silver Lace and so poisonous were the Druggs of the Composition that rotted hands and arms with lameness upon the very work-folks loss of their Eyes and Lives by venome of the vapors that came from it ah abominable un truth The Patron of this Patent was an honourable Lord though led aside by Instruments whom he trusted Indeed a Pragmatick Lawyer whose weakness in that Profession came behind the ordinary Practisers and therefore he got a Privilege and Prerogative to be first heard at the Bar and was nick-named Prerogative Pleader until a witty Judge told him he should have the first Motion but not to be granted at all Sir Giles Mompeson the Patentee for Inns. Sir Francis Michel for Ale-houses two corrupt Justices of the Peace It were wished that they might have been the last of that race But these Patents taking up more time in the Disquisition than their serious business should permit the King rouses the Lords to their Sentence of them with this Speech MY LORDS THE last time I inform'd you the Verity of my Proceedings aâ—d caution in passing these Patents in question by way of Declaration and now to expresse my desire to have your sentence and execution against Mompesson who though he be fled my Proclamation pursued him and shall be as earnest to see your sentence against him executed And tells them his Reasons 1. That there being a Politique Marriage betwixt Him and his people he is in duty to God tyed to the care of good government And had these things been complained of before he would have redressed them sooner Remembring them what he hath often said That no private person should be respected before the publique good not only of the whole Common-weal but even of a particular Corporation that is but a member of it 2. That he intends not to infringe but to satisfie the House Liberties for never any King did so much for them and will doe more and assures them that the Presidents of former good government shall warrant them to him Acknowledging them the Supream Court of Iustice Himself as present by Representation And to add to their Honour he hath made the Prince a member amongst them Professes the love and respect he hath received from the Lower House in their proceedings And always the like from the Lords especially by relation of his son of them all in general and particular and the like he said by One that sits there Buckingham a proof whereof the Earl of Arundel witnessed in his report to them of the privileges of Nobility how earnest he was therein Acknowledges the free gift of this Parliament of two Subsidies and so accepted by him which he will reâ—ribute by a General Pardon at the end of the Parliament and will do somewhat in ease of the people till then As for the Ale-Houses he refers to the Iustices of Peace For the Gold and Silver Thread he damm's
the Patent which may serve for a Pardon to the Actors therein Another Bill against Informers he desires may be put to an end for he sayes that heretofore he hath shewed in Starre-Chamber his dislike of such people And that Buckingham told him that since this Parliament he was not haunted with such spirits as usually he had been vexed Tells them plainly he is assured That this external Government for learned Iudges and hopes honest administration of Iustice and with Peace and Plenty yields to every one safety under his Vine and Fig-tree yet he understands his Subjects vexations by vile execution of Projects Patents Bills of Conformity and such like which more exhaust the peoples purses than Subsidies Then he comes close to the Lords the effect of his errand He advises them of their Iudgement Agere bonum bene bonum is good proof before Iudgement Bene is the formality and legality to advise with the Iudges so the ground good the form orderly it will befit the Court of Parliament The Sentence he observes in two parts that which is worthy the Iudging and censuring And secondly to proceed as against these Delinquents so against such like crimes Complaints are of passion justly distinguish innocent from guilt and do it legally for Moral Reason supposes breach of Laws standing in force otherwise they punish by predestination And concludes against his late Atturney General Sir Henry Yelverton Prisoner in the Tower upon Sentence in Star-chamber That he being accused besides concerning a Warrant dormant he freely delivers him over unto their Iudgement Thus we see what the King sayes But as in this Speech so in all others of his our Historian fails not to let in his conceited descant not worth the Dispute and excuses Yelverton as he does all Offenders against the King Sir Henry Yelverton was Atturney General and by his place of Imployment it was his duty to mannâ—ge the charge of Impeachments against Somerset or any Subject whatsoever without dispute which yet he refused as receiving that place by his favour for which contempt to the Kings service not without more than suspition of concealment of some passages concerning Overburies death he was for those reasons and deservedly by the whole Court of Star Chamber unanimously sentenced and so of course committed to the Tower close Prisoner where we are to be perswaded also by the Pamphleter That the Lieutenant of the Tower Balfore admits Buckingham to treat with him in prison and then to piece out a peace between them both Certainly Yelverton had law to teach him or any other Prisoner of Reason that this was Treason in Balfore and in Buckingham also to attempt And therefore to cleer it Balfore himself hath since avowed to a Prisoner sometime under his Guard that there was never any such act done by Buckingham or any other by his permission But afterwards upon Yelvertons humble submission for his former fault and his innocency in some doubts cleered from other suspitions he was set at Liberty And in truth according to the merit of the Man he was afterwards intrusted with the judgement Seat But what was this secret information which we are told he should tell Buckingham That which the King spake in Parliament viz. Not to spare any that was dearest or lay in his bosome by which he pointed to you saies Yelverton meaning Buckingham And must Buckingham adventure his and the Lieutenants head to learn this news which no doubt the Favourite heard before being at the Kings elboe And this discourse pretended by our Pamphleter betwixt Buckingham and Yelverton in the Tower our Historian himself that passes by nothing to pick his cavils suspects the truth thereof But will nothing satisfy but Yelvertons own hand see what he sayes in his Letter to Buckingham upon his return out of Spain dated the fifteenth of March 1623. Which we enter here May it please your Grace MY humble heart c. will be glad to expiate my errours at any rate c. Your noble Heart I hope harbours no memory of what I gave distast your own merits which have so much enobled you will be the more compleat If I seek your Grace before I deserve it enable me I beseech you to deserve that I may seek If any on whom you have cast your eye most endear himself more to your service then I shall let me not follow the vintage at all Till this day I feared the relish of sour grapes though I have sought you with many broken sleeps but this Noble Earl whose honour for this work shall ever with me be second to yours hath revived me with assurance of your Graces pardon and liberty to hope I may be deemed your Servant I protest to God it is not the affluence of your honour makes me joy in it not the power of your Grace that trains me on to seek it but let the tryal of your fortunes speak thus much for me that I will follow you not as Cyrus his Captains and Souldiers followed him for Spoil or place but if with safety to your Grace though with peril to my self I may serve you let me die if I do it not rather than want longer what my humble love ever led me to and still to affect the honour to be Yours c. Henry Yelverton This if he were guilty was very ingenuous if innocent most base Sir Francis Michel for his crimes concerning his undue Execution of his Justiceship of the Peace is degraded the honour of Knighthood and rode with his face to the Horse-tail through the strand The same sentence had Mompeson of his Inns but he runs away out of their reach as far as France In this Parliament of searching the sores of Complaints appears the Chancelour Sir Francis Bacon to his censure for Bribery and Extortion but to mollify the Sentence he submits and supplicates the Lords in Parliament and because you shall see what he could say I shall set it down at length very witty and worth the reading To the Right Honourable the Lords of the Parliament the Vpper House assembled The humble submission and supplication of the Lord Chancellour May it please your Lordships I Shall humbly crave at your hands benign interpretation of that which I shall now write for words that come from wasted Spirits and oppressed minds are more safe for being deposited to a noble Construction than being circled with any reserved caution This being moved â— I hope obtained of your Lordships as a protection to all that I say I shall go on but with a very strange entrance as may seem to your Lordships at first for in the midst of a State of as great affection as I think a mortal man can endure honour being above life I shall begin with the professing of gladness in some things The first is that hereafter the greatnesss of a Iudge or Magistrate shall be no sanctuary or protection to him against guiltiness which is