Sir William Hart then Lord chief Iustice in Scotland and principal in all the Acts of Judicature herein And first Sprot confesseth that Robert Logane late of Râ—stalrig was privy and foreknowing of Iohn late Earl of Gowry's treasonable conspiracy That divers Letters were interchanged betwixt them therein Iuly 1600. which Letter Iames Bour called Laird Bour Servitour to Restalrig imployed by them and privy to all had in keeping and shewed them to Sprot in Fast-castle That Sprot was present when Bour after five days absence returned with answers by Letters from Gowry and staid all night with Restalrig at Gunnesgreen and rode the next morn to Lothian where he staid six days then to Fast-castle where he abode a short space That Sprot saw and heard Restalrig reade those Letters to Bour and all their conference there annent who said Though he should lose all in the world yet he would pass through with Gowry for that would as well content him as the Kingdom That Sprot himself entered into conference with Boâ—r therein who feared that it would be dear to him and prayed Sprot for Gods sake not to intermeddle for he feared within few days the Laird would be landless and liveless That he had these Letters of Restalrig and Gowry which Bour had in keeping and were copied out by Sprot and that the original Letters were in his Chest when he was taken into Custody These and other depositions written by Iames Primrose Clerk of the Kings Council and subscribed George Sprot Present Earl Dunbar Earl Lothian Bishop of Roâ—s Lord Schone Lord Hallyrood-house Lord Blantire Sir William Hart Lord chief Justice Iohn Hall Patrick Gallow ay Peter Hewet Minister of Edenburgh and subscribed with all their hands Several other Examinations are attested under his hand with this Protestation That being resolved to die and hopes to be participant of Heaven upon Salvation or Damnation of his Soul that all that he had deposed were true in every point and circumstance and no untruth in them August 12. Sprot was presented in Iudgment upon Pannel in the Talboth of Edenburgh before Sir William Hart Lord chief Justice assisted with these persons Alexander Earl of Dunferling Lord Chancellour George Earl of Dunbar Lord Treasurer Iohn Arch-Bishop of Glasco David Bishop of Rosse Bishop of Galloway Bishop of Brechin Earl of Crawford Earl of Lotharine Lord Abernethe Lord Balmerinoth Lord Blantire Lord Burly Sir Richard Cowburn Iohn Preston Colonel General Sir Iohn Skew Register He was pursued by Sir Thomas Hamilton Knight Advocate to the King for Enteries of the Crimes contained in his Indictments as followeth George Sprot Notary in Aymouth You are indicted and accused for as much as Iohn sometime Earl of Gowry having most treasonably conspired in the moneth of Iuly 1600. to murder our gracious Sovereign the Kings most Excellent Majesty and having imparted that devilish purpose to Robert Logame of Restalrig who allowed of the same and most willingly to be partaker thereof the same coming to your knowledg at the times and in the manner particularly after mentioned you most maliciously and treasonably concealed the same and was art and part thereof And first in the moneth of Iuly 1600. after you had perceived and known that divers Letters and Messages had past betwixt the said Iohn Earl Gowry and the said Robert Logame of Restalrig you being in the house of Fast-castle you saw and read a Letter written by the said Restalrig with his own hand to the said Earl Gowry MY Lord c. At the receit of your Letter I am so confuted that I can neither utter my joy nor finde my self able to requite your Lordship with due thanks and be your Lordship assured that in that matter I shall be as forward for your Honour as if it were my own cause and I think there is no Christian that would not revenge that Machiavilian Massacring of our dear Friends though with hazard of Life and Lands and all My heart can binde me to take part in that matter as your Lordship shall finde proof But one thing your Lordship must be circumspect and earnest with your Brother that he be not rash in any Speeches touching the purpose of Padua And a certain space after the execution of the said Treason the said Logame having desired the Laird of Bour to deliver to him the said Letter or else to burn it and Bour having delivered to you all Tickets and Letters which he then had either concerning Restalrig or others to sue them because he could not reade you abstracted them and retain'd the said Writings in your own hands and divers times read them containing further viz. MY Lord you may easily understand that such a purpose cannot be done as your Lordship intendeth rashly but with deliberation And for my self it were meet to have the men your Lordship spake of ready in a Boat or Bark and address them as if they were taking pleasure on the Sea in such fair Summer time And for your Lordship either to come to my house Fast-castle by Sea or to send your Brother I shall have the House very quiet and well provided after your Lordships advertisement and none shall have access to haunt the place during your abode here And if your Lordship doubt of safe landing I shall provide all such necessaries as may serve for your arrival within a flight-shoot of the House and perswade your self to be as quiet here while we have settled our Plot as if in your Chamber for I trust and am assured we shall have word from them your Lordship knows of within few days for I have a care to see what Ships come by Your Lordship knows I have kept up Lord Bothwell in my house quietly in his greatest extremities in spite of King and Council I hope if all things come to pass as I trust they shall to have both your Lordships at a good Dinner ere I die Haec jocose To animate your Lordship I doubt not all will be well for I am resolved thereof doubt nothing on my part Peril of Life Lands Honour and Goods yea the hazard of Hell shall not affray me from that yea though the Scaffold were already set up The sooner the matter were done the better for the Kings Buck-hunting will be shortly and I hope it will prepare some dainty chear for us to live the next year I remember well that merry sport which your Lordships Brother told me of a Noble-man at Padua for I think that a Parasceue to this purpose My Lord think nothing that I commâ—t that secret hereof to this Bearer for I dare not onely venture my Life Lands Honour and all upon his credit but I durst hazard my Soul in his keeping I am so perswaded of his fidelity And I trow ask him if it be not true he will go to Hell gates for me and he is not begâ—iled on my part to him and therefore I am perswaded this will give him
course but it fell out more fatal to him which lasted to the end and thereby wrought its best use In the midst of sufferings the bread of sorrow tastes better than the Banquet of fools for afflictions brings such mens souls to be Saints at the Mark which otherwise would be overgrown with too much Greatnesse His memorable abilities remain but in few and his compassionate infirmities common to all To expiate which he did as became him to do to the House of Peers prostrate himself and sins which ingenuously he acknowledged promising amendment of his life and made it good to the Worlds eye Those excellent works contrived in his retirement do evidently manifest his wit and worth with much regret to many good men that such an one should be fallen off from the face of State In Bacons place comes Doctor Williams Dean of Westminster by the Title of Keeper of the Great Seal of England the same power and Jurisdiction as the Chancelour see Statute quinto Elizab which was not so besore At first but as Vice-Chancelour Matthew Paris saith Custodiam â—igilli Regii accepit Cancelarii Vices Acturus Officium c. He was also then made Bishop of Lincoln together to make him more capable of the Office brought in sayes one to serve turns which no Lay-Man was bad enough to undertake Former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-man they best knowing a Case of Conscience and antiently the Civil Laws were adjudged by the Ministers of the Church and the Chancery and other Courts of Equity then in the charge of a Divine Minister And therefore a mistake in the Record that sets it down as a Wonder for an Arch-bishop of Saint Andrews to be made Chancelour of Scotland by King Charles a thing he saies not known in that Kingdom for three hundred years before for a Clergy man to bear that office But we find Iames Seaton and David Seaton both Arch-bishops of Saint Andrews and Chancelours of Scotland within one hundred years space And many other Arch-bishops and Bishops within three hundred years not only Chancelours but Judges of the Law Master of the Robes and other Offices of Judicature By which means their onely Bishopricks too poor they advanced to degrees of wealth enabling them to erect most of those sumptuous Fabricks of piety and Honour in that Nation and so in England by our Clergy by this man also in some measure So ran the Channel till Bacons father had it from a Bishop and now a Bishop has it again and had King Iames lived to have effected his Desires the Clergy had fixed firm footing in Courts of Judicature out of the rode of the Common-Law and this was the true cause of Williams initiation thither his quality thus fitted for the Kings intention He was in truth Chaplain to Buckinghams Mother and let into Court parallel in some degree with Cardinal Richlieus entrance by Queen Mother of France a Man may take view of these conformities not few if you consider proportions what is allowed to the Jesuit must rebate of the Reformed and what this man could not do in competition as the other his aim shewed his will but not the effect But at his entrance into this Trust comes two Bills signed from the King to be made Patents by the Seal the one for a Pension of two thousand pound per annum and the other for the Office of Earl Marshal of England both of them to be conferred upon the Earl of Arundel The first though with some regret in those unseasonable times to receive such large pensions which yet he sealed but took upon him to trench upon the Lord Treasurer Middlesex who willingly gave way to it for which they both had enmity ever after The later he refused upon these Queries 1. Whether in the Delivery of the Staff to the Earl his Majesty did not declare it to him for ease of the other Commissioners that executed it before with him and so to imply no inlargement of power which this Patent doth 2. Whether his Majesty means that this Patent leaping over the powers of the three last Earls Essex Shrewsbury and Somerset should refer only to Arundels own Ancesters Howards and Mowbrays Dukes of Norfolk who claimed that place by Inheritance the usual way and reference of Patents being unto the last and immediate Predecessor and not to the remote whose powers heretofore in these troublesome times were vage uncertain and impossible to be limitted 3. Whether that this Lord should bestow those Offices settled in the Crown as Sir Edward Zouches in Court Sir George Reynolds in the Kings Bench and divers others all which this Great Patent sweeps away being Places of Worth and Dignity 4. Whether my Lord Stewards place shall be for all his power of Judicature is in the Verge either altogether extinguished or at least subordinate to the Office A point considerable because of the Duke of Lenox who was Steward his greatness of Person and neerness of blood to the King And here he claws him 5. Lastly whether that the Offices of the Earl Marshall of England and the Marshall of the Kings house in former times distinct shall be now united to this great Lord A power limitted by no Law or Record but to be searched out from Heralds Chronicles Antiquaries and such absolute Monuments and thereupon this sixty years for Essex his power was cleerly limitted only as Marshall unfit to be revived by the Policy of this State And by these queries the Patent was pared which increased malice to the end of their Days Certainly there is a difference between the Earl Marshal of England and the Marshal of the Kings House See Lambert Archiron or of the High Courts of Justice in England The Marshall of England and the Constable are united in a Court which handleth only Duells out of the Realm and matters within as Combats Blazon Armory but may not meddle with any difference tryable by the Laws of the Land The Marshal of the Kings Houshold is united in a Court with the Steward which holds Plea of Trespass Contracts and Covenants made within the Verge and that by the Laws Articl super Cart. cap. 3 4 5. The honour of Lord Marshal is so antient as Thomas Lord Mowbray by Richard 2. was created Duke of Norfolk and the first Earl Marshal of England anno 1397. And so successively unto Iohn Lord Mowbray who dyed the 15. of Edward 4. anno 1475. and had issue one only Daughter married unto Richard Duke of York second son of Edward the fourth and was by his Father created Duke of Norfolk and Earl Marshall of England murthered in the Tower anno 1483 without issue Then comes Iohn Howard Son of the Daughter and coheir of Thomas Mowbray Duke of Norfolk and was by Richard the third created Duke of Norfolk but not Earl Marshall Nor was his Son Thomas
368 Earl of Essex and his Countess and Overbury their story intermixed 385 their Divorce and manner 386 〈◊〉 Earls created for money 463 The Emperour in Arms concerning the Kingdom of Bohemia 480 Egglesham his scurrilous Pamphlet 592 F. FAvourite Car his story 376 Villiers a Favourite his story 455 G. SAint George's Feast and his story Order of the Garter 273 Gowry's day of Conspiracy solemnized the memorial 312 H. KIng Henry 8. turns Protestant makes war with Scotland defeats them Proeme Henry 4. of France murthered 362 Prince Henry created Prince of Wales their Dignities 362 his sickness and death 377 Hospital of Sutton founded 367 Honors illegally adopted in Scotland 369 Heresies of Vorstius and Arminius their story 370 Of Adamites 375 Lord Haies Ambassadour into France and character 428 Earl Huntley of Scotland his story 444 Titles of Honor to English women 458 Sir Edward Hawley a stout Templer 524 Marquess Hamilton's sudden death 590 I. KIng James 5. dies his character 3 King James 6. his parents 1 Introduction Queen Elizabeths sickness and death 265 King James 6. settles his affairs in Scotland 265 proâ—aimed King of England 268 sets out from Scotland 269 his interest with other Princes 280 Letters of Reprieve for three ready to be executed 287 his Speech in Star-chamber 439 Iourney into Scotland and passages there 45â— his Letters to the â—ssembly at Perth 475 his Speech to the Parliament 493 and again to the Lords 497 retires discontent to Newmarket 509 writes to the Speaker 510 his message to the Parliament 512 his Answer to their Petition 513 writes to Secretary Calvert 520 and to the Speaker 521 fights and treats 538 his Speech in Parliament 557 and again 560 answers their Petition against Papists 564 his sickness disease and dies 591 vindicated 592 his character and royal memory 594 and Epitaph 599 K. KNights Batchelors made and their Dignities 270 Knights Templers 527 Knights Baronets created and discussed 402 Knights of the Bath their manner and creation 276 Kings elective and successive their different kindes 480 Lord Kensington his birth and breeding 429 Embassage into France about the Marriage 566 quarrels with Count Soisons 569 L. LEpton's speedy post to York from London and back again six several days together 333 Sir Thomas Lake and his Lady their story 446 of Labells and Pasquils 526 answered by Treasurer Salisbury 381 M. EArl Montgomery the first Favourite 365 careless of the Kings sickness 592 Masks and Plays discussed 366 Queen Mary of Scotland her Corps re-interred at Westminster 376 Moneys the King wants and ways of supply 404 restrains his bounty 406 Money of Benevolence 407 Merch. Traders make feâ—ds 313 Cross Marriages of Spain France and Savâ—y 417 congratulated by Embassies 428 Murther monstrous in Cornwall 463 Murther of D'Ancre in France 449 Murther of Henry 4. of France 362 Marriages with forrein Princes unfortunate to England 487 Match with Spain the Princes journey and story 524 Marriage of the Palsgrave with the Princess Elizabeth 377 married 380 Marriage of the Prince with France treated 566 Marquess Buckingham created and the Dignity of a Marquess 489 Montague made Lord Treasurer his Descent and Issue 490 Mansel Sir Robert his Expedition and Voyage against the Piâ—rats of Algier 491 Michel and Mompesson censured in the Parliament 500 Earl Marshal of England their dignity 505 Massacre at Virginia 528 Count Mansfield comes to Holland raises Forces in England for the Netherlands 587 N. EArl of Northumberland and other Lords censured as guilty of the Pouder Treason 334 Earl of Northampton dies his concernments 393 O. OAth of Allegeance 315 and Supremacy 316 the Popes Bull against it the Kings Apology to all Princes thereof 329 Earl of Orkney commited 352 his Execution 398 Sir Thomas Overbury his story 383 impoysoned 393 discovered 414 Oglevey a Iesuit his story 398 Earl of Oxford his descent 483 he and Essex carries Souldiers into Germany 483 joyn Forces with the Princes against the Emperour they are beaten and fly 485 he is committed in England and the occasion 523 Prince of Orange dies 588 Earl of Oxford's Enterprize at the Siege of Breda 588 P. A Notable Present 270 Presbyterians Reclamations against them and their Doctrines 289 Proclamations against Iesuits 306 to conformity of Religion and Discipline 321 against new buildings in London 3â—1 another against buildings 360 to dissolve the Parliament 522 Prophesie of these times 311 Parliaments and their beginning 312 the Kings Speech in the first Meeting 319 second Session 323 third Speech 352 dissolved 362 Parliament called again 488 Prorogued 507 their Declaration to recoveâ— the Palatinate 508 petition the King 511 their thanks and Petition 521 and are dissolâ—ed 52â— another Parliament 555 petition against Papists 564 their Designs of Wâ—r for the Palatinate 579 Pastimes harmless allowed and recreations after Sermons 458 Pouder Treason 323 Post nati confirmed 340 Papists persecuted by Pens 364 Prince Palatine a Suâ—tor to the Princess Elizabeth 377 married 380 elected King of Bohemia the occasions discussed story and war 478 Proscriptions against him 482 raises an Army defeated and flies into Holland 485 Pirates of Algier expedition against them 441 Lords petition against Titles of forrein Honours 496 against grievances 497 Preaching how ordered 531 Papist and Puritan discussed 5â—3 Prince Charls his journey to Spain 542 arrives there 543 complements with the King 544 enters in triumph to Madrid 545 visits the Queen 546 her presents to the Prince 547 he answers the Popes Letters 548 takes leave to return 551 Presents given and received 552 his journey towards the Sea and parting with the King 553 the Pillar at parting 554 in danger to be drown'd the storm described 554 lands in England 555 Q. QUeen Mother of France flies from them 450 Queen Ann sent for out of Scotland and her designs to seize the Prince 272 she dies her character 474 R. Ralegh Sir Walter his birth breeding preferment and treason 281 released imprisonment 459 his Guiana Voyage and Execution 469 Sir Harry Rich his birth and breeding discussed 429 made Baron Kensington Ambassadour into France about the Marriage 566 quarrels with Soisons 565 Revolt of the Earls in Scotland 368 Rainbowe lunary 378 Duke of Richmond dies suddenly 557 S. SUccess and consequence of events 281 Psalms new translated 309 Star-chamber original and ending 334 the Kings Speech there 439 Earl of Salisbury his answer to a Libell 334 dies his story 381 his Offices how disposed 383 Sprot confederate in Gowry's conspiracy his Examination and Execution 342 Sanquire a Scots Baron hanged for murther of Turner 380 Earl of Somerset his story 376 his Letter to the King 420 Earl of Suffolk Treasurer sentenced in Star-chamber 437 Spalato Bishop comes into England revolts again and dies 449 Earl of Shrewsbury dies 459 Synode of Dort 468 Of Synodes Diet and Councils their initiations 468 Spinola his Forces in Flanders 483 besieges Breda 579 T. TReasurer Mountague 490 Treasurer Suffolk 437 U.
That witches can cure or cast on diseases the same reason that proves their power by the Divel of diseases in general their power in special is also proved as weakning the nature of some men towards women In others to abound above nature and so of particular sicknesses But in all he observes the different ends of God in the first cause and the Divel as his instrument in the second cause as Gods Hangman For where the divels intention is to perish in the patient soul or Body or both God by the contrary draws evermore out of that evil glory to himself either by destruction of the wicked or tryal of the patient and amendment of the faithfull being awakened by that rod of correction But who likes to be too curious of all their Practises read but Bodinus Daemonomancie collected with greater diligence than Judgment And further if you would be acquaiuted with the opinions of the Ancients concerning their power It is well described by Hyperius and Hemmingius two Germain Authors Besides many other Neoterick Theologues largely setting down that subject And if curious and inquisitive of the rites of this unnecessary Perilous black-art the Divel may too soon direct any unto Cornelius Agrippa and Wierus afore mentioned I know how it hath been of late urged that King Iames was not of the same mind alwaies and very tender of his Judges â—roceedings ignorantly condemning some innocent Melancholly simple old women whose miserable poverties made them weary of life and easily to confess themselves guilty of they knew not what though in sad condition otherwise liable to Satans suggestions and deceipt And so busied himself with curious perspicuity into tryal examination and discovery of sundry counterfeits pretenders to be possessed by evill spirits But yet to my knowledg he was ever constant to his former opinion of witches and witchcraft in particulars I can evidence The King thus busied to quiet the North Countries some Incursions were made on the Marches of each Nation the out-lodgers of Tindale Riddesdale for the English made in rodes upon the Scots County of Liddesdale The Laird Backlugh commander of those parts does the like into England and apprehending the chief mischief-makers 36 puts them all to the sword and returns with great spoil Against him is Sir William Bowes sent from the Queen to complain and with much adoe reconciled And for the future peace of the Borders the time was assigned for Hostages to be delivered on each side to either But Backlugh fayling to perform his part was feign to satisfie the Queens displeasure by entering himself into England as Hostage where he continued some Moâ—â—ths Queen Elizabeth evermore upon actions of diversion never upon conquest to assist her neighbours French and Netherlands prepares another Navy against Spain of 120 sail under command of Essex and Lord Thomas Howard and Sir Walter Ralegh in three sqadrons they set out of Plymouth but are weather beaten back and put forth again but become distressed ere they get cleer of land and so return And after fresh supply of men and victual they resolve for the Islands of Azores In the voyage by the way cross winds seperate Ralegh who being missed when the others came there Essex overhastily sent intelligence by a Bark into England that Ralegh had on purpose seperated himself from the fleet But he hastily coming in unto them that rash act of complaint was excused by Essex which Ralegh resented ever after And he landing on the Isle of Fiall before Essex came thither takes the Town which being misunderstood as in dispite of Authority they are peiced again They land upon Gratiosa and Flores take the spoil and depaâ—â— unto other Ilands to seek the Spanish India fleet which was then to come home And no sooner departed but within two houres after the whole fleet of 40 sail full of treasure arrives there and meets with some of the English ships But ere Essex came in they were shrowded under the safety and shot of their own Castles Yet Essex lands farther off and takes Villa Franka burns a great Carocque ship But not much done in answer to Essex his ranting intentions they return in some distress by the way home And being come to Court the Repetition of their several incounters moved contention between Essex and Ralegh casting all misfortunes on each other Besides Essex now blown up with ambition was offended that Sir Robert Cacil in his absence was made Secretary of State and Chancellor of the Dutchie of Lancaster emulous of his wisdom and besides he was then Raleghs great friend But more malitious That the Lord Howard Admiral of England was created Earl of Nottingham with some Testimonialls mentioned in his Patent That he had secured England from the Spanish invasion of 88 and that joyntly â—ith Essex he had valiantly taken the Iland and City of Cadiz and that he had there wholly destroyed the Spanish fleet designed for their assault of the Kingdom of England but Essex would have it fancied he did all himself For he that usually ascribed all the glory to himself could indure no Rivalls especially that Nottingham now Earl took place of him and all others of the same degree as being Admiral according to the Statute of Henry the 8. That the high Chamberlain high Constable Marshal Admiral high Steward and Chamberlain should have preheminâ—nce of all others of the same degree of Honor. But to please Essex He is therefore made Marshal of England and so his pride took place of the Admiral This I note in particular to shew by what steps and degrees of distast He took occasion to turn Traytor not long after See Anno 1600 and so we return to Scotland The winter quarter brought the Estates to Edenburgh and the King timely holds a Parliament in some respects for restoring the Popish Lords now called Proselytes to their honors and lands And the Commissioners for the Ministery are suiters for sundry Articles Amongst them this was one That the Ministers representing the Church and third estate of the Kingdom might be admitted voice in Parliament according to several acts here to foâ—â— in favour of the Church and the libertie and freedom The King was earnest therein to please them and had it past But then obtained the manner as for himself thus That such Pastors and Ministers as his Majesty should please to provide to the Place and Dignity of a Bishop Abbot or other Prelate at any time shall have voice in Parliament as freely as any other Ecclesiastical Prelate had at any time by-past And that all Bishopricks then in his Majesties hands and undisponed to any person or which should happen to fall void hereafter should be only disponed to actua Preachers and Ministers in the Church or to such other persons as should be found apt and qualified to use and exercise the Office of a Preacher or Minister and who in their provisions to the said
he said they did him hurt and no good without weapons The Queen and Court somewhat frighted commanded the City to be in readiness but to keep within doors The Lord Burghley with Garter King of Heraulds proclamed him Traytor in the principal parts of London which was done with expedition and resolution though with loss of some of his Train and hurt of many Clifford Earl of Cumberland with Sir Thomas Gerrard Knight Marshal rode up and down proclaming them Traytors And so divers withdrawing he altered his former pretext and said That Kingdom should have been sold to the Infanta Then making stay in Grace-street and dismaid at the tidings that forces were aproaching under conduct of the Lord Admiral Lieutenant for the Queen resolved to return by water and make good his own person by the pledges of the Lords which a good fellow over-hearing and not well assured of his part there being as deep in the design as death hasted before by land told Davis and Merick that by any means they should release the Council and so got his own pardon and this was Sir Ferdinando Gorges But Essex ignorant as yet goes on by land to Ludgate there at the West end of Pauls he was resisted by the forces of the Bishop of London commanded by Sir Iohn Luson At which Incounter Blunt was wounded young Tracie slain and others on his part Wyat slain and some hurt on the Queens part But upon this small repulse He slips from his Train turns down to Queen-hith and by a pair of oares was received into his Water-gate at home which he fortified and baricadoed And as instantly was he besieged on land by the Earls of Cumberland and Lincoln Lords Thomas Howard Gray Burghly and Compton Sir Walter Ralegh and Sir Thomas Gerrard And by water by the Lord Admiral the Lord Essingham Lord Cobham Sir Iohn Stanhop Sir Robert Sidney and Master Foulk Gervil and this way forcing the walls wonne the Garden And being offered parly and time to remove his Countess and Sister Rich with other Gentlewomen before they would storm the Hourse But Essex with his Lords upon the Leads would not capitulate but intreat That they might be used Civilly To have an honourable Tryal To have Ashton his Preacher with him in Prison And so by ten a clock at night they submitted themselves Prisoners to the Tower This monstrous Treason of this mighty man thus weakly managed was began and ended in twelve hours and the next day as calm as if no Motion or Billowes had been before For which he and Southampton eleven dayes after were arraigned and condmned this one had his reprieve but Essex the reward of his merits and executed the 25. February upon the Inner Hill in the Tower Several dayes before Sir Charls Blunt suffered by the Axe and Cuff by the halter Essex before his and at several times so not surprized betrayed most of his confederates and discovered Sir Henry Nevil late Ambassadour in France as privie to all his conspiracies of whom til then there had been no suspition which was construed in him an Act more of temerity and hope of pardon than in Grace and good Conscience of a Repentant Offender And this being his Tragedy It is no wonder though our Adversarie Authors the one The History of Great Britain the other The Court and Character of King James should so slightly pass over his Treasons With them we shall have some dispute as we meet them Contemporaries in our farther proceedings in the second Part. Let me add the Opinion that a writer had of Essex and published in these verses Quod Regina scelus scelus est quod Virgo petatur quod pia Virgo scelus quod tibi grata scelus Cum Virgo Regina Pia et tibi grata petatur Proh scelus et superat quod scelus omne scelus It 's Treason that a Queen should ruin'd be That a Maid ill That she was Good yet worse that good to Thee More wicked still But when a Queen a Maid Good and thy Friend Thou wouldst dispatch The Treason that thy black heart doth intend Dares Hell to match England thus long sick of the disease of Irish affairs the expence whereof had brought the State into a Consumption which put the Queen to seek money of her Subjects besides her way of sweetning them with good words Tyrone grew so Insolent asto act Soveraignty where ere he came disposing Honours Estates Privileges Freedomes And therefore Charles Blunt Lord Montjoy is sent over Deputy and though others as fit as the former the Queen who seldome chose amiss pickt out him to command for his readiness to obey a fault in Essex proud and stubborn uncounsellable and unconstant The Rebells put him to it salute him by Allarm in the very Suburbs of Dublin which the Deputy with his selected Veteranes meant to requite soon after in a Massy-body and fight him which the Enemy sought for and had been worsted of which some underhand Counsellors at the Queen elbow warned him to prevent by turning a to-side But with several light Brigadoes he was so hotly pursued asput him to his holes again Sir Warham Saint-Leger meets Mac-guire a graceless wretch and with their Launces full Career run each other thorough and dye Romes friendship to those Rebells much encouraged by his Indulgence the aboundance of the Churches Treasure was pleased to spare them pardon of their sinnes for the good service of shedding so much blood of their Sâ—veraigns Subjects and for fighting in the faith of his beloved sonne Hugh Prince O-neal and Earl of Ter-Oen Captain General of the Catholick forces in Ireland Whom His Holiness accompanies with all his spirritual graces and those that follow him or favour him by pains counsel arms provision or any other means a plenary pardon of all their sinnes the very same pardon sayes he that was wont to be granted to those that warre against the Turk or for the Holy land However the deputy sends Docwray into Ulster Garrisons himself with 4000. foot and 300. horse put the Enemie to his lurking with new supplies in Angust out of England he breaks through many difficulties into Ulster Erects Mont-Norris fort in memory of that gallant Iohn Lord Norris under whom he first exercised arms Docwray likewise being assaulted by Ter-oen with treacherie perjurie and cunning deceit and wounded yet gets out of all dangers and takes Dunalong a lesser Castle On the other side the Deputy in winter forces several Rebells to Obedience passes victoriously in compass so farr as Ulster in his first years Regency George Carew no less fortunate in Munster The Southern parts burthened by the Titâ—lar Earl Desmond of Ter-Oens making he surprizes but was again rescued Takes seven Castles drives him out of that province reduces many Rebells to obedience quiets the County and comes home at Christmass And this was done there In England they
to be meant sudden and quick danger as the blaze of Paper by fire This was the most happy construction of burning the Letter which in truth was onely as the ordinary advice in Letters of secrecy to burn them lest they should tell Tales or bring danger to the person receiving them However at the next Meeting with the other Lords it was determined to search and view the Rooms of the Parliament-Houses by my Lord Chamberlain to whose place it belongs where the Vault under the Lords House was stuft with Wood and Coals hired by Master Thomas Piercy Kinsman to the Earl of Northumberland for his private use lodging in the Keepers house one Whineyard Piercy was a violent Papist and Mounteagles Friend who presently made judgment that the Letter might come from him so that the care and further search was committed unto Sir Thomas Knevet a Iustice of the Peace for Westmiâ—ster who the night before the Parliament at twelve of the clock with competent assistance at the very entrance without the Door of the Lodgings they seize in safety one Guido Fauks calling himself Iâ—hn Iohnson and Piercie's man booted and drest so late Then searching the Vault and removing some Billets they found six and thirty Barrels of Pouder and after in Fauks his Pocket three Matches a Dark Lanthorn and other Implements nay the Watch therewith to tell the Minutes for Execution All which he soon confessed and that had he been within they should all together have found the effects of sudden destruction About four of the clock Knevet presently acquaints the former Lords who arise and tell the King that all was discovered and one man in custody Instantly the Council convene examine Fauks who of a Roman resolution refuses to discover any Complices owns the Plot himself moved onely for Religion and Conscience being a Papist denying the King to be his lawfull Sovereign but an Heretick But the next day carried to the Tower and threatned with the Rack his Roman guise visibly slackened and by degrees he appeared relenting and so confessed all That a Practice in general against the King for relif of the Catholicks was propounded to him about Easter was Twelve-moneth beyond Sea in Flanders by Thomas Winter and after in England was imparted to Robert Catesby Thomas Piercy and Iohn Wright and Catesby designed the way to blow up the Parliament because he said as Religion was suppressed there Iustice and Punishment should be there executed Piercy hires a House near the Parliament House and began our Mine December 11. 1604. The Work-men were these five and after that another Christophor Wright the Mine wrought to the very Wall was so thick that we took in another Labourer Robertâ—Winter and whilest these work Fauks watcht Sentinel always with Muskets and Arms rather to die than be taken But being half way through the thick Wall they heard a noise on the other side removing Sea-coals in the Cellar adjoyning which so pat for their purpose Piercy hired Coals and Cellar for a Twelve-moneth and so saved their other labor and fitted the Cellar with Wood and Pouder That about Easter the Parliament prorogued till October they all dispersed and Fauks retired to the Low Countreys to acquaint Owen with the Plot and returned about September and with-drew into the Countrey till October 30. That the same day of Execution some other Confederates should have surprized the Princess Elizabeth at the Lord Harington's in Warwickshire and proclamed her Queen He confessed that others were privy to this Conspiracy Sir Everard Digby Ambrose Rockwood Francis Tresham Iohn Graunt and Robert Keys The next apprehended was Thomas Winter who in some seeming compunction and sorrow wrote his voluntary Confession That in the first year of King Iames to this Crown 1603. I was sent for to come up to London to Iohn Wright at Lambeth called Faux Hall where he first informed me of this Pouder-Treason to blow up the Parliament that the nature of the Disease required sharp Remedy and so we agreed and my Design was to go over to Bergen-op-Zome to petition the Constable of Castile ready there to come over Ambassadour for his Catholick Majesty by whose means here the Catholicks might have favor and there I met Guido Fauks and brings him over to Catesby about Easter Term and met also behinde St. Clements Strand with Piercy and Wright where we take Oath of secrecy hear Mass and receive the Sacrament and so sorth as Fauks hath confessed onely we resolved to convey their Pouder by degrees unto Catesby's house at Lambeth and so to be brought over by Boat when the Mine was ready and received one Keys as a trusty man for our purpose In the time of their Mining they framed their Plot into some fashion what to do for the Duke as next Heir the King and Prince Henry blown up Piercy undertakes with his Confederates to seize the Duke at St. Iames whilest most of his Servants might be about Westminster and with Horses ready at the Court-gate to horse him away into the Countrey whilest most men amazed at the Blow the Duke might easily be mastered And for the Princess Elizabeth in the Countrey some Friends gathered together under colour of Hunting near my Lord Harington's might seize her to Catesby's house which was not far off at Ashby and he undertakes for that They provide for Money and Horses and to save as many Catholick Lords as could be advised to forbear the Parliament Next that forein Princes could not be enjoyned secrecy nor oblig'd by Oath nor were they sure that such would approve their Plot if they did yet to prepare so long before might beget suspition the same Letter that carried the News of the Execution might intreat for assistance and aid That Spain his motion like a large Body was too slow in his preparations in the first of Extremities France too near and dangerous who with Holland shipping they feared most And because the charge of the work hitherto lay hard upon Catesby they called in Sir Everard Digby who frankly lent fifteen hundred pounds to the business and Mr. Francis Tresham two thousand pounds and Piercy promised all the Earl of Northumberland's Rents which he would seize near forty thousand pounds and ten Horses And because they were informed that the Prince would be absent from the Parliament they resolved of more company to seize him and to horse him away on the other side of the Thames and let the Duke alone Two days after this discourse being Sunday comes news to Thomas Winter of a Letter to Mounteagle to advise him to absent from the Parliament which Letter was carried to the Earl of Salisbury Winter tells this to Catesby and Tresham whom they suspected but all forswear the Letter and resolve to see the issue which they feared would fail of their purpose but on Munday Catesby resolves to go to Ashby and Piercy to follow Tuesday early comes the younger Wright and tells Winter that he
And so it was in his Mothers time and without consent of Parliament else it would seem a League of the People And in his time when it came to be Ratifyed least it should appear In odium Tertii it was by Him left out in respect of his Title to England 3. Who is so ignorant as can not see the profit and commodity to England by this Union is there not Gain by Wales is not Scotland greater Lands Seas and Persons added to Greatness certainly Two made One makes them Greater and Stronger He desires Union for the Empire of England and for their security to condescend to reasonable Restrictions And he will never say what he will not promise nor promise what he will not swear nor swear what he will not perform And so dismisses them But although the Parliament could not be drawn to it presently yet not long after it wrought upon the Judges of this Kingdom that the chief Justice Coke confirmed the Post-Nati in Calvins Case and Title And adjudged for him also by that reverend States-man Chancelor Elsmere and all the Iudges likewise in the Exchequer Chamber whose opinions do much confound our Adversary bewailing the Cause That of such stuffe Judges are made who can modell their Presidents to any shape And yet all that this Session could be drawn to do was to repeal the Laws of Hostility between both Nations and so confirmed in Scotland from the fourth of Henry 5. of England and from 1 Iames 1. of Scotland Some excellent Acts were concluded this Session which I refer to the statutes in print But because the Judges in that time are complained of as too partiall for the Kings commands Let me aeternize the memory of Judge Nichols of the common pleas His Predecessor in his Circuite Assize for the County of Northampton had reprieved a Felon indicted before him and found guilty by the Jury and condemned but reprieved by him upon some observation of the weakness of the Evidence This Iudge dying Nichols appointed for that Circuite continues the Prisoners reprieve And the complaint came to the King who urgeth the Judg by letters for Execution which yet he refused His just excuse was That if his Predecessor who heard the Evidence thought good in Iustice to grant his reprieve It became not his Conscience now to condemn him seeing he never heard the Evidence at all And that it was part of his Oath to do right notwithstanding the Kings letters 18. Edward 3. This man therefore the King owned to be a wise learned and just Judge for though he might perhaps have given just Iudgment it could not be true Iustice. Licet aequum statuerit hand aequum fuerit Heretofore Proclamations had been by Queen Elizabeth and King Iames against the excessive repair of persons of quality out of the Country to London by neglecting their duties at home in their respective service to the Common weal the decay of Hospitable Neighborhood and relief of the poor Besides the more room made for them crowded the Mechanick and Trades-men into narrow habitations and dear rents pestering most houses with Inmates Infections and sickness the Country Towns and Burroughs unpeopled trade decayed But these commands not obeyed The wisdom of State was assured that the cause taken away the effects would follow The restraint of New-buildings might necessitate the Gentry to keep to the Country for want of lodgings at easie rates in London And such as should be were prescribed heretofore a form of Brick upright to save Timber so much wanting and to beautifie the streets incroached upon with bay windows and eaves hanging over that even joyned with the opposite Neighbour upon old or new foundations a Custome of freedom in after times of loose liberty which destroys the beauty of buildings And now necessity enforcing a farther Obedience this proclamation hath these Limitations No new buildings in London or two miles about but upon old foundations And such as have been erected within five years last past contrary to former Proclamations which were to be pulled down shall nevertheless be disposed by Officers appointed for tenements to the poor or for their benefit and hereafter offending to be pull'd down No House to be divided hereafter into several Tenements nor any Inmates received to make another family These prohibitions were referred to the Aldermen and Iustices of Peace and this was in October 1607. When the plague ceased and the fresh gang of the Countrey came huddling to keep Christmass at London Our Caluminator that swells his Book with malitious observations and false quotations refers this to 7. Iac. 1609. and belyes the restriction to be pulled down though says he not taken notice of in seven years after for this Proclamation commands the Aldermen and Iustices in their diligent view perambulation and inquiry to certifie the Kings Council every Term or their neglect to be censured punished and removed from the Peace as unworthy Whereby says he many not heeding the Proclamation laid out their whole Estates upon little Hovels and building fair houses upon new foundations must either purchase them anew or pull them down and both to their ruine Name me one that was repurchased Indeed such as offended in this last were to be fined or pulled down And truly the commands were so necessary so wholesome so beautifull and so exemplarily publick that very few offended and such as did deserved due punishment yet this is scored upon the King as a Crime in State which he foresaw would come to pass as now in these days we finde the effects to be pitied the very ruine of this City and Suburbs The Lord Treasurer Dorset died suddenly at the Council-table his Disease an Apoplexy which gave way to Cecil Earl of Salisbury to succeed him Treasurer this Dorset was Thomas Sackvile Son and Heir of Sir Richard Sackvile of Buckhurst who came from the Temple a Barrester and was created Baron Buckhurst by Queen Elizabeth and by King Iames Earl of Dorset 1605. and Knight of the Garter About this time a further discovery was made in Scotland concerning the truth of Gowry's Treason by Attainder of another of the Conspiratours The Treason was attempted the fourth of August 1600. as before remembered and though there followed sundry Suspitions and Examinations of several persons supposed Abettors and Contrivers then yet it lay undiscovered tanquam e post liminio untill this time eight years after by the circumspection principally of the Earl of Dunbar a man of as great wisdom as those times and that Nation could boast of upon the person of one George Sprot Notary publick at Aymouth in Scotland from some words of his sparingly and unawares expressed and some Papers found in his house whereof being examined with little ado he confessed and was condemned and executed at Edenburgh 12. August 1608. A Relation I conceive not common but in my hands to be produced and written by that learned Gentleman
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
The largest was Duke of Buckingham sent unto him by Patent into Spain and last of all Lord Warden of the Cinque Ports And so have we sommoned him at once with all these Titles which came to him in time heretofore and after These accumilations might no doubt astonish the Kitchen stuff conceipt of Sir A. W. Benefits imbroydered without the least vacancy or emptiness to any others workmanship The hearts of Princes once dilated with affection cannot be satiable in the exercise of any narrow bounty or little affection choice and love begets the Gift which act becomes fomented even to be in Love with their own giving and so to excesse And thus have we put together this great Man who was pieced up by degrees and time He had many kindred for his Family was ancient Heraldry might blaze as large fields of his Pedigree as need concern any subject to prove were a Man preferred to pensil his life which I take boldness but to touch with shadows These were dispersed by time into several Matches with the Gentry and what strange or new device was it in him to raise them that were neer in blood by Noble and worthy waies as he did He made his two Brothers Peers his Mother Sister Countesses the one by Patent the other by Mariage the rest of the kindred by his countenance got means to live like their Births being a race handsom and beautiful Imeâ—n the females descending of Villiers or Beaumont either matched with Peers or with the Sons and heirs of Earls or with Knights of plentiful condition for he did not much strengthen his subsistence in Court but stood there on his own feet the most of his Allies rather leaned on him than he sholdered up by any of them And thus much as a Preface to the History of him hereafter during this Kings raign wherein his actions are successively remembred But concerning his Mother made a Countess There are in England three sorts of honourable women by Creation Descent or Mariage 1. H. 8. created Ann Bullen Marchiones of Pembroke before he maried her So was Susan Widow the Sole Daughter of the Baron of Abergaveny created Baroness de le Spencer Cambden 63. 6. So also was the Lady Compton wife of Sir Thomas Compton brother to the Lord Compton made Countess of Buckingham with the see of twenty pound per annum 18. Iac. And also the Lady Finch a Widow created Viscountess of Maidstone 21. Iacobi 2. Noble women by descent or to whom dignities descend as heirs are said to be honourable by Tenure or those Heirs whose Ancestors were seized of an estate descendable to them in their titles of Dukedome Earldome or Baronies or Heirs to Ancestours summoned to the Parliament 3. And lastly Noble Women are these married to a Lord or Peer of the Realm though themselves but in the State of Gentry Knights Wives are not of the Nobility They are stiled Ladies by the courtesie of England but not in Courts of Judicature So much for Noble Women In the Kings return out of Scotland the people took occasion to complain in common and to petition in particular That the freedom of Servants and Laborers was extremely enslaved by their Masters pretended zeal and sanction against Idolizing as was pretended of such days as ancient custome from General Councils and the Church of England reformed even to that time had appointed to be kept Holy Whereby after the â—olemnizing of Divine service the Servants and Workmen were not usual to discompany from their accustomed moderate Pastimes such as the most rigid heretofore could not justly but admit The King not so over-affected to his own sports that the sense of the peoples sufferings might take advantage by his Example and so of Liberty in the like for much of his most serious affairs were shadowed from the vulgar nay from the observing Politicque by his own publick Pastimes But in truth it came to be a business of consequence to consider how the intemperate zeal of our then rigid Reformers to countenance their own design of deforming strook at higher powers through the peoples sides in many matters so in this also For at first these pure conceited Men quarrelled at the name of the Holy seventh day called then as of old Sunday which they would have named Sabbath and thereafter would have it observed levitically so strickt as not to gather sticks This being discussed in some Counties the people forbore their Recreations Then the Reformers took the like exceptions against the peoples lawful pleasures on Saints and Holy-daies and at last against all sports and publick Pastimes exercises innocent and harmless such were Leaping Dancing Running or any Mastery for the Gaol or Prize May-pole or Church-ale as debauched Idols In some of these Pastimes several Counties excelled and to entertain community with their Mirth the Court Progresses took delight to judge of their wagers in their journey to Scotland which the people observing took occasion to themselves to petition the King in his return for freedome and leave to be merry And thus by this means this Mans Monstrum Horrendum the Church-mans Maskarado was begotten and brought to allowance by command in print to justifie the people in their lawful pleasures though upon the Sunday after service This year died Edw. Talbot the 8. Earl of Shrewsbury without issue and therfore it descended upon George Talbot son of Iohn Talbot of Grafton Esq by Katherine his wife Daughter of Sir William Peters heir male of Sir Gilbert Talbot of Grafton second Son of Iohn Lord Talbot second Earls of Shrewsbury after the death of Gilbert and Edward Earls of Shrewsbury without issue male who was this next year 1618. admitted by King Iames the ninth Earl But this man dying also without issue the inheritance descended upon the children of Iohn Talbot brother to this George which Iohn dyed and left issue Iohn now the eleventh Earl 1652. He bears Gules a Lion rampant and a border engraled Or. Sir Walter Raleigh wearied with long imprisonment and having there spent his time well in the History of the World made his petition more passable to the King whose love to learning granted him now at last his Liberty and not long after gave him leave to wander after a design to the Western world where he had been in several Climates before The common World wondering at this mans wit who had a way to break Jests though to hazard his head again for in a jear he said That his whole History had not the like President Of a Kings chief Prisoner to purchase freedom and his bosome Favourite to have the Halter but in Scripture Mordecai and Haman meaning Himself and Somerset To which he was told that the King replyed He might dy in this deceipt which he did and Somerset saved But in truth he had a reaching and roving mind from his first rise and thereafter but a mean fortune which he meant now
Edenburgh the 8. of October towards Dunfres mustering 18000. men and marching up and down return to Edenburgh The most of these Lords being of the Religion and called The Lords of the Congregation fled into England to the Earl of Bedford Lieutenant of Berwick from thence Murray posts to London but leaves the Lords at Newcastle He was much mistaken for the Queen with great sute ere she affords him audience demanding how he being a Rebel to her Sister dares thus boldly take protection in her Realm denies to support him or any his Confederate Companions However after Murrays departure she sent them aid and writ in their favour to the Queen Upon this Rebellion divers of the Kirk party fled also as ingaged therein and those remaining were in some fear Iohn Knox stiling them absent the best and goodlyest part of all the Nobility chief Members of the Government alwaies praying for them in publique and reviling those that appeared for the King even in the presence of all the Council In November all those Lords in Rebellion were summoned against the fourth of February for Treason and not appearing the Queen publiquely declared her Defence and Maintenance of the Catholiques and sundry Lords and others went openly to Mass. At last the banisht Lords humbled themselves for the King and Queens favour The Duke and his Friends at Newcastle in England by mediation of the Abbot of Kilcunning had pardon upon condition to depart into France which he did The 25. Decemb. the Commissioners of the Churches for the general Assembly convene in Edenburgh and conclude That notwithstanding the Acts of Parlament and Proclamations the Masse and Papistry was maintained and new Collectors being put in forbidding allowances to the Ministery in great want In these they resolved to have relief The Catholiques for themselves supplicate also for publique use of their Religion which was granted and they offered the dispute being backed by the King and his Faction all Papists together with the power of Rizio an Italian favourite under title of the French Secretary and yet these Lords now at Court were divided Morton Mar and Lethington against Huntley and Bothwell And again the General Assembly meet at Edenburgh and order a publique Fast throughout all the reformed Churches the manner devised by Knox and printed which is the first method of that kind that we read of in Scotland So thereupon followed the effects Supplication to the Queen for Regulation of the means ordained for Support of the Ministery Spotswood Row and Lindsey present their case And the Queen answered that the fault was in their own Officer and Controller Pittarrow who medled with the thirds and so the Ministers and Assembly departed to their Residencies In Ianuary arrives through England Monsieur Rambullet Embassadour from France with 40. horse his Train who brought to the King the Order of Saint Michael the Scots call it the Cockle-shell and at this Ceremony of investing the Heraulds were in some disorder to devise Arms for the Kings bearing The Arms of Scotland were not allowed seeing the Parliament denied him the Crown Matrimonial he could have no other but as Earl and Duke the Queen bidding them allow him no more than his Due Her love becomes cold for she began to set her Name before His and not long afâ—er to leave him out of all writings And because of some necessary use of his Signet alone It was advised out of his hand and trusted to Rizio And now at Edenburgh the Court busie about the Attainder of some of the banished Lords not submitting which by reason of dissenting parties was staied and more particular occasioned by the Murther of Rizio This Italian or Piedmontoise a Musitian by Profession but by his Wit and cunning got to be Secretary to the Queen for French as Mettallan was of State who for envy to him and love to Rizio's Enemy plotted revenge with Morton and Lord Herris to be rid of Rizio by any way but Morton refused Then he insinuates with Rizio and tells him that the Office of Chancelour being in Morton a man unlearned in Letters or Laws was only protected by the Queens favor which if by his means withdrawn his Office might be soon surrendred to Rizio and he made capable thereof by being free Denizon and naturalized Hereupon Mortons Castle of Tantallon was summoned into the Kings hand who enters as heir to his Grand-father the Earl of Angus Rizio is designed Earl and money offered for Melvin Castle with the like increase of Favour neglects his duty to the King and draws on his own Death now concluded by George Dowglas an active man the Lord Lindsey Lord Ruthen and the Earl of Lennox the Kings Father Rizio suspects and keeps Guard of 50. Halberds Then they adjoin the E. Morton hardly drawn thereto until his right to the Earldom of Augus was restored and further capitulates by Articles That Religion should be re-established as before the Queen returned out of France The banished Lords to be restored And the fact to be owned by the King who signed hereto Lenox posts into England to the Lords and brings them neerer the Borders The Confederates and Morton with strength and secrecie seizes the keys of the Palace leaves some forces in the Inner Court below to surprize such Lords as were not of the plot and staies in the presence The King with Ruthen and five more went up the back-stairs to the Queen at Supper waited on by the Countess Arguile Rizio and some Servants She was amazed to see them armed Ruthen fastens upon Rizio tells him a meaner place became him who ran to the Queen and clasping her the King gently takes the Queen in his Arms and saies He is resolved to punish the Villain for his abuse to the Countrey and so delivers him to Ruthen who carries him down to Morton Bothwell and Huntley raise the Court but are beaten back by the Guard and forced to fly Metallan who though chief in this design supped with Athole to keep him in and himself from mistrust but his Servants were in the fray which scuffling below was suspected above as a Rescue for Rizio and so they suddenly stab'd him with Daggers The Southâ—aiers had warned him of the Bastard which he interpreted to be Murray but it was George Dowglas who was a bastard These Murtherers at the first had proposed to hang him and had Halters for that purpose but in hast they stabb'd him with 53. wounds Bothwell and Huntley came in to the Close but soon had their arrand to begon or to taste the same sauce Rizio had ambitiously managed the most affairs with pride beyond the equipage of the King and was designed this Parliament to be Chancelour which made those Lords in envy to be his Enemies and forced the King and his Father to sign to his Death Rizio had advice of this by the French Priest Dannet but his fate was unavoidable which the Queen
her to set her hand unto three Instruments To resign her Crown and Royal Dignitie to her Son scarce 13. moneths old Murray to be called home to be Vice-gerent and if he refuse then To these Rectors Iames Duke of Castle-herault Gilespich Earl of Arguile Matthew Earl of Lennox Iohn Earl of Athole Iames Earl Morton Alexander Earl of Glencarn and Iohn Earl of Mar. And this she did as extorted in Prison which were publisht and proclamed the 19. of Iuly 1567. and 5 daies after the Prince crowned at Sterlin at thirteen Moneths and eight daies old The Royal â—ow much soever infant being due to him at his Birth is furrogated into the Throne of his deceased Ancestors and Morton and Hume take Oath for the King Solemnities and Paction by stipulation and Coronation do but shew him to the people not make the Soveraign and so by these pledges of their faith knit affections together for the Ceremonies of his Coronation due from his birth though prorogued for a while did not derogate from his Right and Regal Authority And Knox knockt out the Sermon Murray is sent for and returns out of France and August 20. accepts the Regency And because very lately we mentioned Bothwells challenge for combate In this void time and place we shall say something concerning Combates It was usual in all parts of Christendoâ—e where differences could no otherwise be decided the party was allowed his purgation By Oath or otherwise per dquam canâ—entem ferrum ignâ—um or duellum vulgare The Northern Saxons and Normans brought it amongst us and so continued whilst we were barbarous but afterwards condemned often by the See of Rome Richard 1. gave leave for Turnaments for it had been done by licence extrajudicial and so we had of them between Counties and Towns It a quod pax terrâ—â— nostr a non infringetur As also Vir is militaribus Com. Lincoln And afterwards Redman and his three Friends Hastiludere cum Halberton tribus sociis suis Civit. Carliol And it followed to be very Ordinary and too much frequent till the Pope forbad it through all Christendom Detestabiles nundinas vel ferias quas vulgo Torniamenta vocant c. unde mortes hominum et pericula animarum sâ—pe conveniunt The single Combat was also by legal process in Cases Criminal in appeals of Treason out of the Court Marshal as between Essex and Montford in Henry 2. time Audley and Chatterton Rich. 2. For Murther or Robbery it is out of the Kings Bench as you may read it Modus faciendi Duellum It hath been granted in Cases Civil out of the Marshalls Court about different bearing of Arms as between Scroop and Citsil or otherwise for Title of Land as in Paramoâ—rs Case But the more justifiable hath been used by sundry offers singly for saving blood-shed of many Three of Our Kings severally challenged that tryal against the French King And by Charles of Arragon and Peter de Terracone for the Isle of Sicile and that was allowed of by Pope Martin and his College of Cardinals But it was grown too Common and so afterwards forbidden by Canon between the Duke of Burgandy and Duke of Gloucester Being detestabile genus pugnae omni divinâ— et â—â—mano jure damnatum et fidelibus interdictum c. Et quâ—modo existimare quisquam potest rectum Iudicium ex Duello In quo Inimicus veritatis Diabolus dominatur The Regal Prerogative have sometime restrained that liberty in Martial Exercises or private quarrels and punished non-Conformists Edward I. Publice fecit proclamari inhiberi ne quis under loss of Lands and Goods either torneare bordeare aut Iustas facere aventur as facere c. sine licentia Regali speciali Nay none to wear weapons but the Kings Officers and some few excepted But more often to forbid single Combate or to determine it or take it up Mawbray and Hereford both banished And when Aneste and Chatterton were ready to fight Eandem querelam in Manum suam Rex recepit That of Fitzthomas being challenged by Sir William de Vessy to have defamed the King by Words mentioned in a Schedule Willielmus audita tenore Schedulae dementitus est predicto Iohannem dicendo Mentitus est tanquam falsus prâ—ditor denegavit omnia sibi imposita tradidit vadium in Manum Iusticiarii quo illud admisit Et predict Iohannes advocavit omnia deâ—entitus est simul dicto Willielmum This was done in Ireland before the Kings Deputy there but was adjorned into England before the King and there adjudged void Quia non sit citatus in Regno isto placitare in Curia Regis c. Duellum coâ—ceâ—ere in plaâ—is de quibus cognitio ad curiam Regis non pertinet contra legem consuetudinem Regni Igitur concordatum est quod processus totalitur adnulletur Sundry punishments in several Cases without licence The Earl of Surrey fined a thousand Marks pro quadam transgresione in insultu facto in Alanam de la Zouch Inquisitio facta est de omnibus tenementis catallis Ro. Garvois quia Insultum fecit percussit Edwardum filium Willielmi or Williamson Cromwell was challenged by Seagrave to fight in France Subjecting thereby â—aith the Record this Kingdome to that was stopt in the way and tryed at the Kings bench Et super hoc dominus Rex valens habere avisamentum Comitum Baronum Magnatum aliorum de Concilio c. Qui omnes enim dicunt quod hujusmodi factum meretur poenam amission is vitae He was committed to the Tower and long time unpardoned His Second was fined two hundred Marks Droomlenrig and Hempsfield antient Noblemen of Scotland upon Suspition of Treason had leave to Combate at Holy-rood-house armed like antient Palladines fought it out till the King in presence parted them Iames 5. We read of one in the time of Queen Elizabeth 1571. between Simon Low and Iohn Ryme Plaintiffs against Thomaâ— Paramour Defendant It was by Writ of Right for some Lands in the Isle of Tenet in Com. Canc. and in issue at the Common-pleas Paramour had his Champion one George Thorn who came to the Bar flung his Gantlet into the Court to approve the right of Paramour by single Combate against any One Henry Nayler a Fencer takes it up to answer for the other Defendents And in Tuttle Fields by Westminster the place appointed A Tent for the Lord Chief Iustice Dyer of the Common-pleas and other the Barons of that Court. The Tilt 60. foot square railed in with Scaffolds round about for Spectators Two Pavillions East and West from one issues out Thorn apparell'd in red Sandals upon his black Armour bare legged bare head and bare arms to the Elbo brought by the hand of Sir Ierome Bowes who bore a red Baston of an ell long tipt with horn his Yeoman with an Ox-hide Target and the Gantlet bore before them upon a Swords point To oppose
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
first of his Majesties Reign should be onely professed in all time to come within the Realm and that none should abet or receive Jesuits Priests or other Adversaries of Religion upon the pain in former Acts of Parliament That all should conform hereto before February next or depart the Realm whither his Majesty shall appoint and not return till they turn Professors they and their Heirs always enjoying their Lands and Estates by Procurators in their behalfs The Earls of Angus Huntley and Arrol and the Lairds Achindown and Chisholm to be unaccusable of the Crimes contained in the Summons occasioned by their Letters and Blanks intercepted as before remembred concerning their trafficking with forein Princes against Religion c. discharging all Proceedings against them Provided if they offend hereafter the former Crimes to be added to their Charge That such of them as shall profess Religion are to be assigned their places of abode not to dispute publick or private in favour of Popery Huntly and Arrol to remove out of their company James Gordon and Oglevy Iesuits to finde Sureties in fourty thousand pounds to abide Subscriptions and Achindown and Chisholm in ten thousand pounds Such as leave the Realm to give caution not to practice with Jesuits abroad against this State and to declare their submission to their choice of conditions before January next or be liable to Trial by Law These were in effect concluded and signed unto by them which the King and Council confirmed and the three Earls subscribed but to small effect For the end of this Year begins fresh feuds the Iohnstons in the West-Marches made Incursions upon the Sanhares and killed eighteen persons and though great friendships had been contracted with Maxwel yet having in Commission as Warden to pursue the Offenders the Sanhares offered their assistance therein to bring all Niddesdale to depend upon him and Bonds signed unto for performance a Servant of Maxwels betrays this Bond into the hands of Iohnston who sends a Gentleman to discourse the truth out of Maxwel who first denied it but afterward said He must obey the Kings directions Iohnston to cope with such Combination associates with those of Tevedale the Eliots and Grahams and so meeting Maxwels Forces with the Commander Olephant kil'd him divers others Maxwel to repair his dishonour levies one thousand men and like a Kings Lieutenant with displayed Banner enters Annandale Iohnston not so many deals by policy sends out his Prikers the Boders cunning to provoke whom Maxwel encounters but by Ambuscade Iohnston comes in with power and puts them all to flight Maxwel was taken desiring Quarter as he had often given Iohnstons father and reaching out his hand for to confirm it had it basely cut off and afterwards butched to death he was a man much lamented of great spirit humane and more learned than Lords are yet like most of them ambitious And this to be done to the Kings Lieutenant might amaze some men to consider the Distempers of the Nation and the wisdom of a young Sovereign how to ballance these frequent Feuds and to bandy against Bothwels Treasons Papists conspiracies tumults and insurrections the Gangrene Evil of insolent Assemblies evermore eating into the Bowels of Government to devour and devastate all for this present he assigns the Lord Herris Drumlanrig Lagg and other Barons to abide at Dunfres to quiet and repress Disorders The time limited to the Popish Lords Ianuary 18. is past and they omiting the benefit of Abolition are charged to enter their persons into Ward Angus into Blackness Huntley in Dunbritton and Arrol to Edenburgh Castle and Achindon in Tantallon but neither of them obeyed The King removes to Sterling where Queen Ann was delivered of her first-born the 19th of February 1593. To which place arrives the Lord Zouch from Queen Elizabeth to congratulate her Delivery and to complain to the King his remisness against the Popish Lords for she was informed of the Articles of November and being told besides by some busie Presbyters at home the Kings favour to his Popish Lords her age made her often apt to entertain such Tales and her Jealousie summ'd up Reasons to her self soon to believe them But her Ambassadour taking time to understand what had passed could not be at leasure to suspend his judgment or confidence in the Kings prosecution to effectual punishment And therefore to hasten homewards he tampers for Bothwel the immediate end of his Errand deals with the Ministers the most especial amongst them to countenance his fresh Insurrection with numbers of loose persons and which troubled the King they commend Andrew Hunter one of their own to be Bothwels Chaplain in Ordinary And being thus emboldened they go on to raise Moneys themselves levy Souldiers to assist his Treasons Nay more see their piety to Rebellion their sacrilegious assistance even with those very Moneys benevolent Contributions collected by their Pulpit Oratory out of the poor peoples purses for supply of Geneva Brethren then in much misery and in a mad fury distributed unto Robert Melvil and George Strang two Rebell Captains for the well-affected Cause of the Traitor Bothwell His Design taking up a new motive and pretext Justice against the Popish Lords but in truth his Malice and Revenge pretended also for the slaughter of Murray And with him joyned Argile and Arrol to meet at Lieth not without hourly intelligence with the English Ambassadour Zouch who fearing that the Kings foresight had espied his juggling stole away home without biding Bothwel Farewell Whose Cause was cried up advancing from the Borders with four hundred Horse coming to Lieth very early the first of April and this he durst do the King being so near at Edenburgh but meanly guarded and put to it to speak for himself after 〈◊〉 Sermon for the Pulpit would not He passionately tels the People all the stories of Bothwels Aâ—tempts and his Treason now reasoning with the Multitude some suspition of his siding with Papists 〈…〉 of the Lords 〈◊〉 them in â—â—inde almost forgotten that he was their 〈◊〉 King and Soveraign and brought it home to their self-consideâ—â—tion if Bothwel should prevail against him what they must expect of the Borderers upon them Much â—do they are moved to arm and to accompany theâ—r Commander the Lord Hâ—me who lead the Horse and the bold trained Bands march after the Cannon taken out of the Castle to besiege Lieth But Bothwel was removed towâ—rds Dalkieth dividing into three Troops Humes Horse followed to obseâ—â—e what course he held whilest the King made a Halâ—â—t â—t â—orrowâ—moâ—r Bothwels Scouts finding them 〈◊〉 encourage him to turn upon Hume which he did with some advantage being above the others number gave him â—â—ace in 〈◊〉 retire which moved some to advise the King to secure himself in the Town Restaâ—â—â—g No says the King 〈◊〉 never quit the Field to a Traitor And though in eminent danger stood it still whilâ—st
opposed by any cunning whatsoever if understood by Her he might not so easily have come to this Crown And truly whether his virtue and goodness more remark in Him than usual in Princes guided him in that to depend onely upon the providence of God for his Birth-right or that his policy under hand wrought him any advantage certainly the Success must crown the Work to admiration For though he might not despise honest and honourable advice in such correspondence as was necessary under hand with the Counsellours of Queen Elizabeth to secure himself for the time to come yet we reade not of any that came to light or so much in her days as private suspition The Reign and Death OF KING IAMES OF Great Britain France and Ireland the First c. SO then in a seasonable conjunction of things and time he succeeded Queen Elizabeth who departted this life on Thursday the 24th of March 1602. at her Manour-house of Richmond early in the morning that day being fatal to Henry 8. and to all his Children dying on Thursdays and her Funerals sumptuously solemnized with all speed in April following The same day the Lords Spiritual and Temporal assembled and having proclamed her Death and the Right and Title of King Iames to succeed her being lineally expressed from Margaret eldest Daughter to Henry 7th and Elizabeth his Wife who was eldest Daughter to Edward 4th and married to James 4th King of Scotland in the year 1503. just a hundred years since who had issue James 5th Father to Mary the First and Mother to this King James the Sixth now 36. years of age and so long King of Scotland Then they poast Letters to the King by the hands of Sir Charls Percy Brother to the Earl of Northumberland and Thomas Somerset Son to the Earl of Worcester signifying the Death of their late Sovereign betwixt two and three of the clock that morning And knowing his Right of Succession they have made Proclamation thereof at Westminster White-hall and Cheapside Cross and seeing they remain a Body without a Head they humbly desire his Mâ—jesty to hasten how soon and in what manner he pleaseth And therein complain as in publick that Sir Robert Cary poasted from hence towards your Majesty contrary to their consent and command thereby as much as in him lay to prevent and anticipate their duty and respect They acquaint the King of a fleet of ten ships royall ready furnished for the Coast of Spain under Command of Sir Richard Lawson whose Commission noâ— ceasing by the Queens death they desire his Majesties pleasure whether they shall guard the Narrow Seas or be câ—lled to the Coast of Scotland as a Convey for the Kings use Dated in London And therefore Robert Leigh Maior Signed first But as in this letter so it goes in Common report that Cary let out by his father Hunsdon Lord Chamberlain came first to the King upon his own score But secretary Cecills secret Packquets went before him or these letters or else he had little credit in his own Commands The King communicates these letters to his Lords and returns them his acknowledgment of their dutifull affections He confirms for the present all Offices Civil Martial as at the Queens death til his farther pleasure Dated the 28. and 31. of March which the Lords heer proclaim the 5. of April after And though the King sets forth his interest of succession commanding both Nations in unity of duty to him and brotherly affection to each other yet did the Scots Borderers make Inrodes into England which was severely punished and all for Example executed to death The King orders his Journey the 5. of April the Queen to follow 20. daâ—es after Prince Henry Duke Charles and Princess Elizabeth at further pleasure Brings with him those of the greatest birth and most interest in the blood royall who though farr enough off to follow after his Numerous issue of a teeming fruitfull Consort yet too neer to be trusted at home And each one of them begat trouble and charge upon him ever after to reward or to raise them up beyond any desert in both he was wisely regarding Those were Lenox Hamelton Arguile Mar Kinloss and Lord Hewm and a couple of Knights Sir George Hewâ— and Sir Iohn Ramsey of neer affection with the King So it became his future security advantage to caress those that ushered him in and had underhand merited somewhat from former very late advise and Intelligence how to correspond with his jealous Predecessor we may conceive those then in being for most of the old Ones out-liv'd not that their policie were the Howards and Percies and Caecils The first of them of high birth and former merit the Linage of the late Duke of Norfolk who suffered under the Axe for his affection to this Kings Mother as aforesaid anno 1569. And his brother Henry Howard with the Lord Cobham were the first of Eminencie that met the King at Barwick The last of great wisdom and experience for the Kings urgent affairs to make proper use of And at York Thomas Cecil Lord Burghley President of the North receives him who comes on with his Train and needed no other Guard than the affections of the People that hurried him forward with Excessive Acclamations soon forgetting as the manner of the Multitude their late Sovereign in the hope of a likelyer change in a King with which for many years this Nation had been really unacquainted And so was He feasted by the way freely at each Residence of his Person where he lodged untill he came unto Godmanchester in the Country of Northampton where they presented him with 70. Teem of Horses fairly traced unto as many new Ploughs in honor of Tillage A Custome very antient when their Sovereigns pass that Town being his Tenants and holding their land by that Tenure The King told them He liked their ayre so well and took their gift so kindly as but for undoing such good people in their bounty to visit them often which afterwards he performed that Custome being but for the first time to the comfort of that Town and County At Broxborn his next Gest there met him the gravity of the greatest Officers Egerton Lord Chancellor Buckhurst Lord Treasurer Howard Lord Admiral with the most of the Council and Nobility At Ware the King came to Wiggen heretofore so base a Cottage as begat a saying If a Man would answer the Asker as in despair That it should be granted when as the King comes to Wiggen And at Theobalds the seat of Sir Robert Cecil Secretary of State he stayes for four dayes Entertainment where were made of his Council these Scotish Lords Lenox Mar Hewâ— Elphington and Kinloss And of English Henry Howard and his Nephew Thomas Howard brother and sonne to the late Duke of Norfolk and 28. Knights-Bachelors dubbed The Name Knight is from
multitude of our own people from all parts of our three Kingdoms gave a wonderfull glory to the Court at this time the only Theatre of Majesty Not any way inferiour to the most Magnificent in Christendom Prince and people increasing in honor and wealth And it was prudentiall in state to set it forth with all moderate additions of Feasts Masks Comedies Balls and such like which our squeazie stomacht Historian it seems could never example in any part of his reading and therefore sets his Gloss of reproach upon the King and them but very favourably forsooth as not thereby to provoke himself to stain his innocent paper I shall not trouble the dispute how farr they were politickly used in the Romane Common-wealth and Monarchy how farr tollerable in Christian Kingdoms and States They are necessary Mirrors wherin mens Actions are reflected to their own view Indeed some men privy to the uglyness of their own guilt have been violent not onely to crack but to break in pieces all those Looking-glasses least their own deformities recoyle and become eye-sores to themselves We were wont to call them Theatres representing in little the Entrance Acts and Exits of Man where we may behold Language Manners and Behaviour the best the matter good for Imitation bad to shun to teach virtue reprove vice and amend manners tempering the mind for good impression or defect in most of our youth thrust into devotion without polite manners forceably taught on the Stage where virtue is somewhat more seen to a mortall eye with admiration not to inforce men spight of Humanity to serve God with austerity not Jubilation This Christall fullied by time and malitious reports not without some shadowes of piety and counterfeit dress to amuze the world for a truth hath been cleared up to the view by several Pens though by King Iames at that time little valued for his own content unless as Splendidae Nugae for the dress of Court-like recreations but evermore with so much wit as might well become the exercise of an Academy And thus much of playes But stay It is come to my knowledge that our squeamish Informer was bred up a Poet frequently a Rymer and Composer of playes not without exceeding delight in himself to be so styled though a mean one but indeed since the reformation of them the trade fell to decay and he turned trot any way to get money Such another was A. M. who whilst he kept within the compass of that Dialect did well and commendably but turn'd another professor and ended his daies miserably He went to Bed as I am credibly informed well in health but disguised with drink his usual custome and was found in the morning his head hung over the Bed-side his hand leaning on the boards it seems groveling for breath being choaked with loathsome blood and flegm foaming at his mouth his tongue bleeting out not able to call for succour of such as lodged in the next room so was he drencht in drink and death In this year 1611. was collected a Contribution of well affected Subjects called Loan-money being lent upon Privy Seals an ordinary use and custome of all former Sovereigns in time of necessity of their Prince or state affairs and no New device which now amounted unto One hundred eleven thousand fourty and six pounds which was repayed back to divers especially to such as craved satisfaction by money Defalcation or Composition for other considerations Satisfactory There are sundry ways and means to make men rich and commonly not so concealed but it happens within the Ken of some acquaintance But here we had one Thomas Sutton meanly born and bred but some subsistence by marrying a widdow at Barwick farr short of wealth It is rumoured onelybecause of some probability for other we have none that he bought a Fraight that came thither out of a Dutch Pirate who it seems could not stay to make better market And therein was found concealed Treasure in some Cask his first advance which he so increased by Interest and purchases as having no heir he designed a pious foundation at Hallingbury Bowcher in Essex but afterwards purchased the Charter-house near Smithfield London of the Earl of Suffolk enriched it with divers dependances of lands and Tenements for which he paid in hand 13000 l and procured Letters Patents to erect The Hospital of King James founded in the Charter-house in the County of Middlesex at the proper cost of Thomas Sutton Esquire for maintenance of eighty decayed Gentlemen Souldiers a chamber and dyet and 8. l a piece peâ—sion annually and a cloth-Gown in two years with a free School for Scholars Chamber Diet and Apparell to be governed for the present by the Arch-Bishop of Canterbury Lord Chancellor Lord Treasurer Bishops of London and Ely chief Iustice and Iustice Foster the Attorney general Dean of Pauls and Worcester a Master of the Chancery and four more Gentlemen his familiar friends and Thomas Brown the first elect Master of the Hospital and this for ever and as any Governours die the Major party to Elect another Besides he gave in Legacie so many thousands as it did astonish all men in those daies how he came by so much wealth Since the Kings absence the Papists were for these last three years much increased in the North parts of Scotland and complaints made of the funeral Obsequies of the Lord Oglevy and Gight after the Popish rites And though as before remembred some care had been for reducing the Earls Huntley Angus and Arroll Yet of late Huntley returning from England pretends some commands from the King to mitigate Ecclesiastical proceeding on his behalf which encouraged the others and the rest of their Profession openly contemning the Church Censures The Assembly therefore had sent petitions to the King for further authority to suppress these Inconveniences The Kings answer was That Huntley had no such warrant from him but pretending that he had kept all injunctions prescribed him except that of communicating with the Sacrament of the Lords Supper which the King thought fit for the present to referr to the Council for time of conforming but if he did persist his Majesty would accompt of him as intending the head of a faction and therefore rather to root him out than to nourish his follies by a preposterous Toleration They were therefore confined unto several Cities ten dayes together there to hear Sermons and admit of conference and to forbear Papist-priests companies that the sons of Oglevy and Gight should be committed This prescription too strickt the three Earls revolt and therefore an Assembly was called by the Kings Comand for so of late they were regulated not to convene of themselves and the Names of Papists inrolled were found Numerous and Huntleys faction in the North were of the most He being cited appears not nor sends any excuse and therefore by the Assembly is excommunicated and the sentence pronounced publick and no
Feaver And was Interred at Westminster 1612. His Motto's Pax mentis Honestae gloria Iuvat Ire per altum Hee was comely tall five foot eight Inches high strong and well made broad shouldred a small wast amiable with Majesty Aborn Hair long faced broad forehead a peircing grave Eye a gracious smile but with a frown daunting Courteous and affable naturally shamefast and modest patient and slow to anger mercifull and judicious secret of any trust even from his youth His courage Princelike fearless noble and undaunted Saying that nothing should be impossible to him which had been done by another Religious and Christian He was never heard to swear an Oath and it was remembred at his funeral Sermon by the Arch-bishop that he being commended by one for not replying with passion in play or swearing to the truth he should answer that he knew no game or value to be wonne or lost could be worth an Oath To say no more such and so many were his virtues that they covered the semblance of sin But think what we will one that sucks venome says he was anatomized to amuse the world and to clear the impoyson as a Court trick to dawb it over We are like to have much truth from such a prejudicate Pen-Man The Prince Palatine and Maurice Prince of Orange by a Deputy were installed Knights of the Garter this Christmass And in February following the Marriage with the Princess Elizabeth was solemnized with all pomp and glory together with the peoples hearty affections expressed in their Ayd-mony Contribution he calls it for her Marriage which is a due debt or ancient Custome and no absolute thing whether or no that the obedience of the subject had been ripe or rotten thereto and it came to twenty thousand and five hundred pounds And in Aprill after he returnes with his Bride through the Netherlands to his own principall City Heidelbergh in the Palatinate from whence his finite miserable banishment took begining in Anno 1613. A Scotish Baron one Sanquair having wasted his own pieced up his Patrimony by mariage with another an heir in England and having worn out hers also with the death of his Lady He seekes to save the poor remain by sparing it abroad a Custome of Gallants taken up to salve their credit which they say Parsimony disparages unless from home in forein soil and ere he went over His fate was to try mastery with Turner a Master of defence in his own Art wherein Sanquair had much of knowledg but more of opinion Turner was the most of skill in that Profession whom the Baron challenges at three hits and inforced upon him the first of three with over-much conceipt and clamour of his Scots companions to over-Master the best in England and him in his own Schoole too in the face of some Schollars an affront to all The man sensible of his credit more than conscience in Malice to do mischief opened his Body to the advantage of his Adversary who too neer pressing it home Turner takes it on his Brest being sure thereby to pop Sanquire in the eye so deadly that he dasht it out The Baron guessed at this evil hap by his own Intention to have done worse himself But by Turners regret of this mischance they parted patience perforce At Paris the King pittyed his loss a great defect to a handsome gallant and asked him why the man dyed not that did it This Item the Divell so drove into his fancie that hastily brings him home again where he hired two of his own kindred Grey and Carliel to kill him which they did basely by a brace of Bullets in his own House White-Fryers And all three got time to fly The one taken in Scotland the other on Ship-board and the Barons head praysed at a thousand pounds he fearing thereby to be forced into Justice thought it safer to throw himself into the hands of Mercy by presenting it and so represented by the Bishop of Canterbury he might appear an obiect of pitty But the wound was universall and the blood-shed not to be wiped off but by his death ignoble as his Act the Halter equall guilt had even punnishment all the three Gallows Some difficulty there was how to proceed with the Baron who first came in for Carlile and Grey being Principals and not as yet convict the Law could not proceed to the Tryall of Sanquair being but Accessary But then the other two flying they were out-lawed and so attainted of felony and then the Accessary was tryed for there are but three kinds of Attainder by Outlary Verdict or Confession See after in the case of Weston for impoysoning of Overbury who stood Mute sometime that while the Accessaries could not be convict Anno 1615. The next Moneth brings to the Grave that excellent States-Man Treasurer Cecil Earl of Salisbury He was descended from the Sitsâ—lts in Hartfordshire Vorstegan saâ—es from Cecilii the Romanes they suffered some persecutions in the time of Henry the eight and Queen Mary His father William came into favour by Edward the sixth who gave him Knighthood and took him to his Counsell and in the Office of Secretary of State but in some obscurity afterwards under his Sister Mary was restored again by Queen Elizabeth in the same trust so soon as she was setled in her Crown and by degrees increases him to honour First Baron of Burleigh Then Lord Treasurer and Knight of the Garter he died Chancelor of the University of Cambridge Anno 1598. and was intombed at Stanford Leaving two sonnes The Elder Thomas then Lord President of the North and by King Iames created Earl of Excester and privy Counsellor of State He died some years after discreet and honourable whom the world could never tax with any taint This other sonne Robert was a true inheritor of his fathers wisdome and by him trained up to the future perfections of a judicious States-man After his Knighthood by Queen Elizabeth the first imployment from Court for he was not at all bred out of it sent him Assistant with the Earl of Derby Ambassadour to the French King At his return she took him second Secretary with Sir Francis Walsingham after whose disease he continued principal and so kept it to his death Not relâ—nquishing any preferment for the addition of a greater A remarkable note which few men of the Gown could boast off His father liv'd to see him thus far setled in these preferments and afterwards Master of the Wards and Liveries These he held to the Queens death being in all her time used amongst the men of weight as having great sufficiencies from his father who begat them also Those offices here in publick with perpetual Correspondence by Emissaries of his own made him capable of reception with King Iames who was advised by him how to be received of his people His merits certainly appeared to his Master that added to
an ordinary fate which often accompanies them to bear the burden of their masters mistakes which yet was but an experiment proper enough for the L. Chamberlain Rochester to put in practice whose creature he was But we may not forget our good Lord of Essex our digression most necessary to his story which was thus There was amongst other persons of Honour and quality in Court a young Lady of great birth and beauty Frances the Daughter of Thomas Howard Earl of Suffolk married in under-age unto the Earl of Essex now become a forward stripling she two and twenty and he three and twenty years of him common fame had an opinion grounded upon his own suspition of his insufficiency to content a Wife And the effects of this Narration with the sequel of his life and conversation with his second Wife is so notorious as might spare me and the Reader our several labours for any other convincing arguments But with the first when both were of years to expect the blessing of the Marriage-bed he was always observed to avoid the company of Ladies and so much to neglect his own that to wish a Maid into a mischief was to commend her to grumbling Essex as they stiled him and increased the jealousie of such men whose interests were to observe him that he preferred the occasion himself for a Separation and which indeed from publick fame begat private disputation amongst Civilians of the legality thereof wherein those Lawyers are boundless This Case followed the heels of a former Divorce fresh in memory between the Lord Rich and his fair Lady by mutual consent but because Mountjoy Earl of Devonshire married her whilest her Lord lived the King was so much displeased as it broke the Earl's heart for his Majesty told him that he had purchased a fair Wife with a foul Soul But this of Essex was a different Example when you seek to parallel them together And therefore we may with more charity to truth not admit such hasty credit as to believe that now the Kings delight was onely for the love of the Viscount who is supposed to be in love with the Countess of Essex and upon no other score to command the Bishops to sue out a Divorce from her Husband which in truth was done with ample Reasons and legal Geremontes And because the Nullity gave freedom to either and so the means of her after-marriage with Rochester the sad occasions of all the sequel mishaps I have with some diligence laboured out the truth precisely and punctually as it was acted and proceeded by Commission Delegative not easily now otherwise to be brought to light which the Historian passes over briefly as unwilling to spend time to set down truths when it makes not for his turn for this Author had been Essex his Man and turn'd away by his Lady Upon Petition of the Earl of Suffolk and his Daughter Frances to the King That whereas his Daughter Frances Countess of Essex had been married many years unto Robert Earl of Essex in hope of comfortable effects to them both that contrariwise by reason of certain latent and secret imperfections and impediments of the said Earl disabling him in the rights of Marriage and most unwillingly discovered to him by his Daughter which longer by him to conceal without remedy of Law and the practice of all Christian policy in like cases might prove very prejudicial And therefore prays To commit the cause of Nullity of Matrimony which she is forced to prosecute against the said Earl to some grave and worthy persons by Commission under the great Seal of England as is usâ—ally c. Which accordingly was granted unto four Bishops two Privy Counsell ours learned in the Law and unto four other Civil Lawyers with clause to proceed cum omni qua poterint celeritate expeditione summarie ac de plano sine strepitu ac figur a judicii sola rei facti veritate inspecta mera aequitate attenta And with this clause also Quorum vos praefati Rev. Patrem Cant. Archiepiscopum Reverend Patrem Lond. Episcopum Iul. Caesar. Mil. aut duos vestrum in ferenda sententia inâ—eresse volumus But for some Exceptions concerning the Quorum by the Commissioners in the words Sententia esse not interesse A second Commission was granted and adjoyned two Bishops more with this Quorum Quorum ex vobis praefat Reverend Patrem George Cant. Archiepisc. Ioh. Lond. Episc. Tho. Wint. Episc. Lancelot Eliens Episc. Richard Covent Lich. Episc. Ioh. Ross. Episcop Iul. Caesar. Mil. Tho. Parry Mil. in ferenda Sententia nos esse volumus Upon this the Countess procures Process against the Earl to answer her in a Cause of Nullity of Matrimony The Earl appears before the Commissioners by his Proctor and she gives in her Libell viz. That the Earl and the Lady six years since in January Anno Domini 1606. were married her age then thirteen and he fourteen and now she is two and twenty and he three and twenty years old That for three years since the Marriage and he then eighteen years old they both did co-habit as married folk in one bed naked and alone endeavouring to have carnal knowledg each of others body Notwithstanding the Earl neither did nor could ever know her carnally he being before and since possessed with perpetual incurable impediment and impotency at least in respect of her That the Lady was and is apt and fit without any defect and is yet a Virgin and carnally unknown by any man That the Earl hath confessed oftentimes to persons of great credit and his nearest Friends that he was never able carnally to know her though he had often attempted and â—sed his utmost endeavours And therefore prayeth the Commissioners upon due proof hereof to proneunce for the invalidity and nullity of the Marriage The Earl by his Proctor denies the said Contents Contestatio lit is negative His Answer is required by Oath by second Process where in open Court his Oath was administred with so great care and effectual words to minde him of all circumstance as the like hath been seldom observed The Earl viva voce confesseth the Marriage and circumstance as in the Libell and were not absent above three Moneths the one from the other in any of the said three years That for one whole year of the three he did attempt divers times carnally to know her but the other two years he lay in bed with her nightly but found no motion to copulation with her That in the first year she shewed willingness and readiness therito That he did never carnally know but did not finde any impediment in her self but was not able to penetrate or enjoy her And believeth that before and after the Marriage he found in himself ability to other women and hath sometime felt motion that way But being asked whether he found in himself a perpetual and incurable impediment
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
with the then congregation And afterwards in the ordering of distribution for Ministers amongst the Burgs he was elected for Aberdeen the place then of the ablest Papists the rather therefore to reclame them from their errors by practice of Piety profound preaching wherein he profited to again of many to the faith in 14 years labour and dyed 60 years of age And now was Andrew Melvil a fiery zelot labouring for the absolute Presbyterial discipline of Geneva iâ—sinuating with Iohn Dury minister of Edenburugh in their Assembly to question the lawfulness of the Episcopall function and the Authority of Chapiters in their election but himself cunningly pretended ignorance but since the question was so started he commended the speakers zeal seconding the purpose with a tedious discourse of the flourishing estate of Geneva Church and the opinion of wise Mr. Calvin and reverend Mr. Beza and came to affirm That None ought to be Officers in the Church whose Titles were not found in the 〈◊〉 And though that of Bishops were in Scripture yet not to be taken in the same sense that commonly was conceived Christ allowing no Superiority amongst Ministers Himself only Lord of his Church and all the Servants in one degree having like power Concluding Then the Corruptions of Bishops were so great that unless removed Religion could not be long preserved Hereupon divers are selected to confer three to three and concluded their opinions to the Assembly 1. That the Name Bishop was common to able Ministers of a flock his chief function to preach to administer Sacraments and exercise Ecclesiastical Discipline with consent of his Elders 2. That some one Minister might oversee and visit such reasonable bounds besides his own flock 3. And he to appoint Preachers with advice of the Provincial Ministers and the consent of the flock 4. And to suspend Ministers from their Office with consent of the Ministers of the bounds It is strange that the Arch-bishop of Glasgow and six other Bishops with Super-intendents and all interessed were not called to the conference though present in the Assembly Nor doth it appear that they spake at all therein so humble to hold their tongues in a case of their own or rather referring it to the Regents Wisdom whose opinion had been ever to uphold Episcopacy The next Assembly altered the question and formed it Whether Bishops as they were then in Scotland had their function warranted by the Word of God But the Major part approved of those in the last Meeting The Regent finding them so to differ sent them word to settle upon somewhat and to abide therein Of which they take advantage and with much ado present a form of Policy to the Regent Acknowledging in their Preface That they did not accompt it compleat but to add or diminish as God shall reveal vnto them But some Troubles in State prevent their further progress The Regent flesht in the fury of rapine having fleeced Commons and Clergy and settled the North and South Borders cared not for the Gentry and grieved the Peers His neerest friends the Earl of Angus and others forewarned him of his Slippery station But Morton settled in the very seat of the Scorneâ— careless of any complaints made good his greatness by grace of Queen Elizabeth whom he conserved with all diligent observance His aim was to ruin Hamiltons house hating them as his Hereditary Enemies scared thereto by an old Wives Rhime which bid him beware of Arrans Race Hamiltons Family whom he banished or suppressed The two last years as it seems slipt away in shew I am sure in silence of any disturbance for ought that Authors can tell to much purpose but it is like the more was in secret hatching For as the Queens Imprisonment grew to her impatient so by Q. Elizabeth it was heightned to some danger As a Wolf by the Ear. To keep her in durance was her own disquiet and to release her dangerous to the State all their study was to counsel what to do with her and with much difficulty it was agreed upon to put her to Death There was one Antonio d' Peres Secretary to Philip of Spain escaped thence out of Prison and over he comes to England as best able here to do his Master most injury He was grown intimate with the Earl of Essex which being known to Caecil Lord Burleigh he advised that Essex might deal with him to fish out somewhat from his Masters streams which was done to the purpose revealing all his designs for the imprisoned Queen and being rewarded here had his Invitation home again with some hope of reconcilement and favor also which fell out not as he desired but as he deserv'd for he was at last hangd for his labor In many of his Letters to Essex which since came to my hands I find much of the mâ—tter but for want of the Key the Cyphers put me to trouble with some consideration What uneven policies there were towards that poor imprisoned Queen Don Iuan of Austria Governour for the King of Spain over the Netherlands proud and ambitious being Neighbourly acquainted with the Troubles of England and Scotland for to him all these discontented Fugitives repaired was made believe that the Duke of Norfolk being gon the Queen of Scots was most fit to be offered to him and easie enough to be effected with the expulsion of Queen Elizabeth and assured hopes of both Kingdomes To which purpose he hastily makes perpetual peace with the Netherlands and labours his time and means to infest England But underhand to amuse Queen Elizabeth the more gives her the occasion to congratulate the Peace by sending the Articles for her perusal intending secretly with all speed to surprize some Pieces and Ports in England and Scotland with help of the Pope who sent to the King of Spain in his behalf and the chief Fugitives of England and Scotland being with him he in an instant had swallowed the Conceit and Mariage of a Queen with two Kingdomes to boot but his wilde ambition the sooner flatted and he fooled into neglect and disdain And now dies that Princely Lady Margaret Dowglas old Countess Dowager of Lenox 63 years of age whom Queen Elizabeth kept in England at her elbow whilst her sonne Darly was maried to the Scots Queen and her husband had power there She was descended from Henry 7. by Margaret his eldest daughter maried to James 4. who had James 5. And being a widow maried to a second husband Archibald Dowglas Earl of Angus by whom she had Margaret Dowglas of Harbotel in Northumberland who maried Mathew Earl of Lenox leaves France and comes into England to Henry 8. And here invested with honour and land in Yorkshire From these issued Henry Stuart Lord Darly who maried Queen Mary of whom came King James 6. So then her descent was royall in King Edwards time in much honnor here but after in adverse fortune she lived
supervivor to eight of her children thrice imprisoned for affecting mariages with Thomas Howard son to the Duke of Norfolk then for her sons match with Queen Mary and the last was for her younger son Charles with Elizabeth Candish daughter to the Countess of Shrewsbury and mother to the Lady Arabella She was Nobly intombed at Westminster an elaborate Sepulture and then left living King Iames the sixth and this Arabella who was thus neer to the Crowns And therefore imprisoned hereafter by King Iames for intermariage with Seymor the now Earl of Hartford but she died without issue and so without 〈◊〉 of future interest to these Kingdomes See anno 1616. Amongst other of Mortons plots and processes raysing the Revenues of the Crown one was for recovery of some lands which was given by the Queen to Mary Levingston whilst she was her maid of honour and now maried to Iohn Simple who made his best defence in his sute but fearing the Regents rigour had passionately avowed That if he lost his land the other should lose his life This and other discourse that he was countenanced by Lord Iohn Hamilton and his brother Lord Claud instigating also Adam Whiteford of Milton Nephew to Simple to kill the Regent in the street with an Harquebus Simple upon Torture confessed all and more also his cowardize not affording him courage to hold out Whiteford did better his constancie was not terrified with the wrack and therefore gave suspition that the others confession was extorted by the pain of punishment yet to make out the matter Simple was arraigned condemned and brought to the Scaffold but pardoned the like had the other and both of them the favour of the people to blame the Regent for his rigour whose main intention was thereby to invalue these Lords and their estates to his griping gain One Allester Dow Macallan a notorious thief was apprehended by Earl Athol who was prohibited by the council and charges directed against him for exhibition of the man the fellow being set at liberty by Arguile falls to his old profession and robd Athol who in revenge invades Arguile and so the countrey take uprore thereat until an Herauld discharges those convocations and cites them both before the Council but were reconciled Arguile goes on and arms against Claudonald seizes the Regents Messenger tears his Letters missive and swears him and his Train not to return to tell tales This insolencie fires the Regent to revenge and for the present did no more than proclaim him Rebel But these and other tumults shewed an Ecclipse of Ministerial Government and gave means to private mens discontents to open a way of complaint against the Regent Alexander Arskin attending on the King takes advantage of Arguile and Athols reconcilement plots with them to open their Causes to the King which they must countenance and did but so craftily as that the one Athols counsel was called upon the others complaint And advise to summon the Lords mostly enemies to the Regent to meet at Sterlin Mortons avarice and lust subjects him from his strength and Power that ruled all to become weak in Authority over any His enormities of several natures numberless which brought him sodainly to sinck Besides his fins the Hamiltons were his Enemies made so by his own malice upon that Noble Family as also upon the Earls Athol Montross and Arguile whose kinsmen he proclaimed Traytors for not appearing at his Call Arguile invites these Lords and others to accompany him to the King at Sterlin with remonstrance of such grievances as the State groaned under and were seconded by fit Instruments such as evermore reside at Court He is sent for by the King and Council but delaies time to make Friends their opinions various it was yet concluded as the safest way to piece Friendship with Arguile who refused unless he would also quit the Regency To this he demurs and retires from his Enemies power And this gave good occasion to the boisterous Praecisians whose pursute was after such prey as might innovate Authority which they hated because it was Regal though Mortons interest had been ever to preserve them the Arch-bishops only being lately commanded not to obey the Synods Decretalls against which they complain in the Pulpit and having there the liberty of the tongue for that time they tell all to the people and of more than he could be guilty The Earl of Angus was his Ally in blood and the chief of the Dowglasses who with Carmichel a Commander of War advise him to Arms But Morton rather submitted to a Parliament at Sterlin Thither he sends his Friends but withdrew himself and with them his Papers and Notes expostulatory of his good Services which were not liked because not Petitionary And thus they seemed to signify and first He craves leave of publique Iustice upon his Accusers If otherwise that his Majesty thought fit to oversee their disobedience to authority then to be pleased to disburthen him of his Office and not to suffer his Royall Name and Authority to be despised in the Person of his Servant for as he had oft times made offer to demit his Regency to his Majesty so now the more willing if a Substantial course might be assured for preservation of his Highness person the ordering of his Majesties Houshold and dispensing of the Revenues of the Crown And herewith he recommended the keeping of the peace contracted with England as a security to his Majesties Right and Title to Succession And so recounting his former Services from the Kings birth to this present His assistance at the Kings Coronation His and his Friends hazard at Lanside field the siege 〈◊〉 Brichen His legations undertaken into England the recovery of the Castle of Edenburgh the Pacification of the Realm all on fire a◠his first entrance the redeeming of Iewels and Plate of the Crown and restoring of the Royall Patrimony to some reasonable condition And in regard of all he craved no more than allowance of his expence and a discharge of his Intromissions by the Estates of Parliament These not sufficient to prevail and his friends having littl◠Power and his bad Cause to plead he was voted non-Regent And accordingly into the hands of Angus Claim Ruthen and Harris he delivers the Crown Scepter and other Regalities which were presented by them in a great Convention of Lords and Angus invests them on the King with the univocal acclamation of all He having not yet attained to the years of youth yet in this turbulent time took upon him the Scepter which was celebrated at Edenburgh and the affairs of State rendered to the King now at twelve years old but with assistance of twelve Noblemen three of them by turns alwaies about him and Morton of the number as to bring him to reason not to cast him quite off to ruin whose wit and experience was useful to the State which he soon imployed to master