Sovereigns choice Service And yet this Man â—ot long after proved the Contriver and the most malicious Prosecutor of such conspiracies as may be said to be the forerunners of that Kings miserable and final destruction I cannot learn whether he be living in this sin and so as yet spared for Gods mercy or unrepentant dead to his Judgments sure and suddain But to our business in Scotland In the next Assembly at Glascow the Bishops took upon them to inlarge their own authority in the Administration of all Church affairs And yet not willing to make any change though by the Kings command without brotherly approbation of the Ministers They assemble together and consent unto Articles of Government and power of the Bishops In which Assembly the Popish Lords supplicate for absolution and to subscribe to the confession of faith Huntley did so and returned to his own County Arroll went about it too but suddainly fell into such confused terror as offering violence upon his own person he was spared by his intercession of tears and prayers not to be forced against the reluctancy of his Conscience who in truth of all that sect shewed evermore much of tender minde to endeavour satisfaction to himself and so received more civility from the Church ever after Angus was most averse and had leave to banish himself into France where he died at Paris some years after There had been a good progress in Scotland for quieting the Clergie and renewing the repute of the prelacie And therefore the Arch-Bishop of Glascow with the Bishops of Brigen and Galloway having audience of the King in relation to the affairs of the Church of Scotland Told them with what care and charge he had repossessed the Bishopricks out of the hands of the Laity and other sacreligious pretenders and settled them upon reverend Men as he hoped worthy of their places But since he could not consecrate them Bishops nor they assume that honor to themselves and that in Scotland there was not a sufficient Number to enter charge by Consecration he had therefore called them into England that being here consecrated themselves they might give ordination at home and so the Presbyters mouths stopped For they had maliciously and falsely reported that the King took upon him to create Bishops and bestow spiritual Offices which he never did always acknowledging that Authority to belong to Christ alone and whom he had authorized with his own power One thing admitted dispute The Arch-Bishops of Canterbury and York always pretended Jurisdiction over Scotland and so now this consecration might be taken as a voluntary subjection to this Church But therefore London Ely and Bath performed it to them and they ordained others at home And carried back Directions for a High Commission Court also for ordering of causes Ecclesiastical which were approved by their Clergie and put into obedience From these good Men The King fished out the behaviours of his Council there and therefore to settle them in terms of honor and state at their Table they were to convene twice a week and None to stay in the Room but Counsellors nor any solicitations there But being come instantly to take their places sitting not standing unless they pleaded for themselves and then to rise and stand at the end of the Table for they were wont to quarrel and to cuff cross the board No Counsellor to be absent four days without leave of the rest Each single Counsellor to be Justice of Peace in all the Kingdom to preserve respect to their places they should not trample the streets on foot but in Coach or Horse-back with footcloths This brought some esteem to that Board who before were bearded by every Kirk-Iohn or Lay-Elder And after this posture of Governing Patrick Stewart Earl of the Isles Orkney and Yetland was sent for to humble himself to imprisonment A Custom also which was setled in the Council to command any Malignant to be in Ward by such a day or else to be horned Rebell This great man at home is there humbled before the Bishop of Orkney and is by him examined so soon is the Kings ordinance obeyed His Crimes grew up from his poverty made so by his own riot and prodigality which now he seeks to repair by shifts of Tyranny over the people under his Command and being by the Bishop reported so to the Council he was committed to Prison untill the pleasure of the King deals further in Mercy or Justice But to exercise that Nation by degrees of punishment he was afterwards released and returned home to better behaviour wherein he became for the future so faultie that two years after he was executed We have hinted heretofore the Kings business at home which in truth was his wisdom to wade through To suppress the trayterous designes of the Papists and to settle the fiery dispositions of the Schismaticks for the first their own violent progression in their late Pouder-plot drew upon them publick lawes of chastisement But these Other alas their Motion now not so violent yet perpetual the more warily to be dealt with And because no disputes Arguments nor Policies could reduce them therefore the spiritual High-Commission-Court took some course moderately to regulate their Insolencies Busie this Parliament had been in disputes of the Common and Civil Laws The first strained to such a necessitary power as in short event would mightily qualifie the other to nothing Besides this Session sate long and supplyed not the Kings wants wasting time as ever sithence in seeking Grievances To palliate the Lower-House some Messages had informed his necessary expences and to both Houses the new Treasurer late Earl of Salisbury opened the emptiness of his Office And at last the King speaks for himself at a Meeting at White-Hall He spake well and now prolix which yet I must present thus long Perfect Speâ—ches open the times and truth to posterity against our Carping Adversary I need not quote his pages take his whole History passionately and partially distempered throughout The King forgets not their late loving duties and therefore recompenseth them with a rare present a Chrystall Mirror the heart of their King which though it be in Manu Domini so will he set it in oculis populi The principal things says he agitated in this Parliament were three First Your support to me Secondly My relief to you But the third How I would govern as to former constitutions or by absolute power He begins with the last That Monarchy is the supremest thing upon Earth illustrated by three similitudes First out of Gods word You are Gods Secondly out of Philosophie Parens patriae Thirdly out of Policie the Head of this Microcosm Man For the first The attributes of God Creation Destruction Reparation to judge and not be judged and to have power of Soul and Body so of Kings and can make of Subjects as at Chesse a pawn to take a
to the Q. of Scots to expostulate criminally with her 1. For usurping the Title and Arms of England and had not released them as was agreed in the Treaty of Edenburgh 2. For the practice of Mariage with the Duke of Norfolk 3. As also all the beforementioned Contrivements particularly urged To all she wisely answered and to the most of them Nâ—gative A League being concluded between England 〈◊〉 France the Ambassadour moved for favour to the Queen who was answered that she deserved none for that she had secret confederacy with the King of Spain by the Lord Seaâ—on which being discovered and true the French were silent The Estates of Scotland took some time to present their Desires to Queen Elizabeth how fit Morton was for the Regency which â—he took well though she knew they intended the power upon him for so she had the honour to say She made him and with whoâ—â— in truth she alwaies kept the most narrow correspondency trusting to his Judgement and diligence to do much for the King with whom he alwaies sided The King was committed to the custody of Alexander Erskin for Erskin the then Earl of Mar was under age whose peculiar right it was to challenge that trust and Buchanan designed his Tutor a man of some fame by the Scale of learning whom Time and Ambition wrought afterwards a dangerous Incendiary to the King and State From this Parliament now sitting were the Papists utterly excluded and laws for advance of Religion enacted to the wonder of all how soon the Papists frighted into fears of loosing their Estates very forwardly subscribed to the Reformed which so heightened the Kirk into swelling Pride against Bishops also that their violence afterwards could never be brought to Moderation Though the Protector conceaved the Prelatical function to be no less necessary in State then warrantable in Reformation And so he regulated them as the Bishops of England Votes in Parliament but abridged their Authority over others And thus stood the power of Synods interposing the moderate Prelates who yielded much in Peace to the publick Ministery and belike conceiving that time and experience might mollifie them to a more convenient Constitution The faction for Papists was of the French and Queen of Scot whose countenance were the Hamiltons Arguile Huntley and Hume ancient Barons Grudging at the Vice-Roy's Government sought to undermine his Establishment and he at home by pleasing the people gained the City and Kirkmen For now was Knox become the Temple incendiary imitating the Vandalls devastatious ruinates the Monuments of Ancestors Piety Church-bells and Bed coverings scape not him nor any other such like sacrilegious ravings himself accknowledged that Mary had and did then blame him for his too great rigor and severity that in his heart he never hated the persons against whom â—e thundred Gods Iudgments hating their Sins and forbore none of what ever condition doing it in Gods fear thus much he said for him selfe and being the words of a dying man I say them over for Christian Charity and Honour to his parts whose Character needs no more than the former History faithfully set down wherein it appears a Beacon he had been apted to fire the Kingdome but his blaze was this year extinguished and he died of good age 67. years whether his History of the Church were his own is suspected of some his name supposed to gain credit to the work which in many parts seems ridiculous Morton in some eminencie and lustre fell into an obloquie of an infamous Act upon the person of Thomas Percey Earl of Northumberland whose desperate case together with Westmerland forced them from home as you have heard to seek for succour in Scotland after some time Westmerland got into Flanders but Northumberland wandred in the woods of Hatles for habitation and was heretofore by his Comrades betrayed to Morton and delivered up by him to the late Regent Murray whose Authority preserved him by the Law of Nations from Queen Elizabeths fury but now Morton powerfull by preferment and plentifull in Estate whom honour had made so aud some meritt valuable yet I know not with what errour of honesty basely sould him for a piece of Money to Hunsdon Governour of Berwick and so became headless by the fatall Ax at York The fruit of this ungratious Act fell upon the Protector himself in the Ultimum of his life by the like fall of the Ax that often cures great men of these wicked maladies 1581 The Kingdome of Scotland heretofore in severall fewds now was devided into two unnaturall factions of Son and Mother the King and captivate Queen in which dissention the Nobility side into severals England and France interpose accord but with sinister respects for the French Ambassadour had his Item and meant nothing less Queen Elizabeth to countermine him sent Killegrew to join with the King and Religion yet a Treaty was perswaded In the interim Kirkaldy Lord of Grange and Governour of Edenburgh Castle being on a high Rock inaccessable fortified by a Feâ— and Lake on one side and a Moss which surrounds it and to his faction being the chief Baron the French gave hope of assistance To whom he sends over his Brother Iames Kircaldy for men and money with which returning he lands at the Castle Blackness the Governour thereof Andrew Stuart though before his Confident was of late bribed to seaze him into fetters whilest he carried the news and 1000. French Crowns of Kirkaldies to the Regent In his absence on this treacherous errand Kircaldy corrupts his Keepers and they the Souldiers and so of a Prisoner he hath the Keys and custody of the Castle In two daies returned Stuart and no sooner entered but is secured into Irons which he studies to revenge and conceived that the best way might be the same and so the less suspected to catch his Adversary in the same Gyn which so lately caught him With feigned tears and a cunning tale he melts the hardned Gaolers into compassion and they the Guard with helps of some bribings some Crowns secretly sowed up in his quilted Wastcoâ—e And as if better than they could design it Kircaldy would needs accompany his Wife in a visit forth of the Castle when as hastily he was shut out and the late Governour set at liberty commands all again During which time the Treaty came on but ended without effect and Grange begins his fury on the City as fuel to his fire Either part implore assistance The Protector from England and soon was sent to him by Land and Sea nine Canons six demi-Canons six Sakers 9. Culverins with all necessaries and 1500. men under Command of the Marshal of Berwick Sir William Drury who joined with 500. hired Scots and so furiously assaulted the Castle that from the twenty fifth of April in thirty three dayes it was rendred to the Mercy of the Queen of England who referred it wholly to the Regent and the Lord
from Edenburgh lost the Court the raging Plague swept away twenty thousand persons and that City quite forsaken He is forced now to yield to their Domination this Success imboldens the disloyal Ministers to return home also from all parts insupportable insolent One of them Gibson to the Kings face terms him Ieroboam a Persecutor threatens him That if he went on in the former way he should be the last of his race And before the King and Council he and Watson such another impudently maintain the same and more to their teeth which no Catiline could have done more treasonable Then their Synod being assisted by a number of the Laicks convene the Bishops Saint Andrews was compeered before them upon accusation of Andrew Melvil in malice and private revenge but his pretence was that the Bishop devised and penned former Acts against the Presbytery the Bishop protests against their Judicature and disputes his Innocency from any evil therein and to avoid their censures appeals to the King and Estates and they therefore in fear what to do a young Fellow Andrew Hunter professes to be armed by the Spirit and so usurping the Chair he pronounced Sentence against him Cunningham the Bishops man did the like the next day against Melvil These and other such disorders involves the King and Estates what to do with them when the Secretary of State perceiving their vexations advises the King to leave the Ministery to their own courses That in a short time he should see them so intollerable as the people would chase them out of the Nation True said the King if I werâ— careless to undo the Church and Religion it were the best Counsel but to preserve both I must suppress disorders lest Religion be despised And therefore as these insolencies gave the King occasion wisely to foresee the dangerous events if not nipt in the Bud So ex malis Moribus bonae leges nascuntur for the State publish these Articles That all Preachers should obey the King Not to pretend privilege in their allegiance Not to meddle in State matters Not to revile his Majesty Not to draw the people from obedience And being questioned not to allege inspiration of the Spirit Nor to serve themselves with colour of conscience c. It is strange to observe both before and then and sithence even to these our last daies as were by Wisemen alwaies foretold from the beginning how this Gangreen spread and that we are now wearied as well as the Reader with these relations Let me onely observe further the Scots Acts and Ordinances concerning their Episcopacy and let any Historian tell me when and how they started into such a sincere Reformation as to have no Bishops at all as many would pretend For first reforming from Popery in 1567. That no Bishop nor other Prelate should use any Iurisdiction in time comming by the Bishop of Romes authority but it appears by all subsequent Acts That Arch-Bishops and Bishops were not only allowed in their Kirk but also had Iurisdiction and authority to govern the same That Arch-Bishops and Bishops have the Authority and are ordained to convene and deprive all Ministers inferiour who shall not subscribe the Articles of Religion and recognoscing of the King and his Authority That Arch-Bishops and Bishops have authority to assign Ministers Glebes That they shall nominate and appoint Visitations c. and persons in every Parochin for settling Taxation for upholding Kirks c. That they shall direct charges how the Minister of the Parochin shall proceed to excommunications That they shall try the rent of Hospitals and call for the foundations thereof The Iurisdiction of the Kirk is declared to stand in preaching the Word of Iesus Christ correction of manners and administration of Sacraments And no other Authority allowed but arch-Arch-Bishops and Bishops intended to continue in Authority as is cleer by these Acts following First All persons returning from forein Travails are within twenty daies to pass to the Bishop Super-intendent Commissioner of the Kirk to give a Confession of their faith That none presume to impugn the Dignity and Authority of the three Estates or to seek or procure the innovation or diminution of their power and authority or any of them in time coming under pain of Treason That Bishops are to try and judge Ministers guilty of crimes meriting deprivation That no Ministers exercise any other Office beside their Calling and to be adjudged by their Ordinaries of Bishops All Acts whatever heretofore anent the Kirk of God and Religion now professed are ratified That the three Estates especially considering the persons exercising the offices titles and dignities of Prelates which persons have ever represented one of the Estates c. Therefore declare that the Kirk in Scotland is the true and holy Kirk and that such Ministers as the King shall provide to the Dignity of a Bishop shall have vote in Parliament as any Ecclesiastical Prelate ever had by-gon And null all manner of Acts made in prejudice of Bishops Honours Dignities c. competitent to them or their estate since the reformation of Religion The same revived Ordains Arch-bishops and Bishops to be elected by their Chapters and consecrate by the Order accustomed And yet we must confess they were oftentimes striking at the root and branch of Bishops as others of them did against the Power and Majesty of Princes for Buchanan terms the phraises of Majesty Highness Excellency Solaecismos et Barbarismos aulicos Jeering at the outward State of Princes comparing them to childrens Puppets garishly attired That a good Prince should be defended with innocency Non superbo speculatorum et caetu sericatisque nebulonibus stipatus Another of theirs Davison his Pamphlet printed in those times forced through with base invectives both against the Government of Scotland and England with most dangerous insinuations to Rebellion The Genevian Ministers and their Tenents also were dispersed in England wholly into such Arguments Out of two more pestilent sundry seditious positions may be collected Goodman and another Author stiled True Obedience or rather perfect rebellion It may be true t is no Treason to resist the Soveraign for defence of Religion nor no treasonable assertion That a lawful Prince may be deposed in case of revolt from God and these are the proposition of all Christian Professors but these Men following their own deceiptful wiles and irregular opinions adjudged that to be errour or idolatry which perhaps may not be so and may traduce goodness and virtue by the rule of their own strained conceit and so differ in the manner and matter as reason and conscience differ from fury and frenzy And yet these their Doctrines Whittingham afterwards unworthy Dean of Durham in his preface to Goodmans book saith that they were approved by the best learned meaning Calvin and the rest of the Genevians Gilby Coverdale Whitehead and
thereof established Civility and Iustice and to his lives end he would never leave to do his best endeavours untill he might say of Scotland as one of the Emperours said of Rome Inveni lateritiam relinquo marmoream Indeed the Countrey affords more of Stone than Tile-shard They come to vote Commissioners upon the Articles of Religion whom the King commends they refuse and evermore Officers of State are suspected partial for the King and therefore they admit but of three the Chancellour Treasurer and Clerk of the Rolls They begin with the chiefest Article That what soever should be concluded by the King and the Bishops in matters of external policy should be an Ecclesiastical Law Not that the King was against the advice and assistance of a competent number of the grave and learned Ministers but to be over-ruled said he as in your former General Assemblies I shall never agree The Bishops must rule the Ministers and the King govern both in matters indifferent and not repugnant to Gods Word and so that Ariicle was formed and passeâ— Hereupon the Ministers mutiny that their Discipline should be formed to all the Ceremonies of England and Struthers in his next Sermon condemning all those Rites prayed God to save Scotland from the same sin And thus set on they frame a Protestation to the King in Parliament First against that Article and therein if remedy be not provided they shall be forced to other effects For freedom of their Church and discharge of their Consciences Their Reasons they reduce into Arguments 1. Their Reformation That the purity in Doctrine Sacraments Discipline and Order thereof hath been acknowledged rather as a Patern to be followed by all Reformed Churches of Europe than now to be put to seek it from such as never attained to it 2. That their General Assemblies formerly established to constitute and make Canons will be utterly overthrown That hitherto their Church nearest the divine and Apostolical Institution and so hath lived long without Schism and rent may now by introducing Novelties be miserably overthrown That his Majesties gracious assurance by his Letters this last Winter against all alteration of Religion and so hath been intimated in Pulpits when Rumours were dispersed of intended conformity with England These they pray may be sufficient to warn the King and Parliament not to oppress their poor Church and give grief to millions of men that otherwise would rejoice at his Majesties presence And so they resolve that rather than submit they are prepared to incur censure and to oppose This Protestation they commit to the most mad-headed man amongst them one Hewet but some of the wiser sort fearing the success desire the Arch-bishop of St Andrews to suppress it He meeting Hewet desires to peruse it and blaming the man keeps the Writing the other seizes the Paper and thus striving in the next Room the King hastily comes out and sternly fronts the Fellow who falls down of his knees and craves pardon for the Protestation professing never more to meddle therein However the King wisely suspecting some others of the same Phrensie for the present commanded that Article of the Kings Crown-prerogative not to be read till the policy of a fitter time the rest of them being read and concluded the King takes his leave and loving farewell But the Bishops had warning to summon some principal Ministers and with them to meet him at St. Andrews 10. of Iuly where the King greets them How great my care hath been for the Church saith he since I had authority and power to perform it your consciences cannot but confess I need not tell you I seek no thanks God knows my heart for true worship of him and decent order in the Church whilest I resolved of this Iourney to visit you I gave you warning to insert some Articles into your Acts of the Church those were anniversary commemorations of Christ's blessings to man as his Nativity Passion Resurrection Ascension and Descent of the Spirit another for private use of both Sacraments a third for reverend administration of the Communion and a fourth for catechising and confirming children by Bishops I was answered that they had not been moved in any of the Churches Assembly and so I was silent And lately desiring but my Prerogative to be declared in making Ecclesiastical Laws ye mutined and protested against me But I pass all amongst many other wrongs frequent from you The Errand I have now is to know your Arguments why the same ought not to be granted Reason shall ever guide me and if my Demands are so just and religious too I will not be refused nor resisted And with that browing upon them with a full eye majestical and stern They all fell down on their knees The King went on It is a power innate a princely special Prerogative which Christian Kings have to order and dispose external things in the outward policy of the Church as We with our Bishops advice shall think â—it And Sirs said he for your approving or disproving deeceive not your selves Me ye shall not I will have my Reason not opposed They were all becom new men humbly besought they might confer and so return an uniform Answer which in two hours space produces a Retition for a General Assembly wherein all his Majesties Articles being proponed they might with common consent be received I says the King but what assurance have I of their consenting They protested that they saw no reason to the contrary But if it be otherwise and your reason now be none of theirs then the Articles refused my difficulty the more and when I shall hereafter put my own Authority in use I shall be pulpited a Tyrant Persecutour Ye were wont so to do All crying out That none durst be so mad Yet experience tells me says he that it hath been so therefore unless I be sure I shall not grant your Assembly They craved the Arch-bishop of St Andrews to answer for them but he refused having been formerly deceived At length they procured leave to assemble in November next at St Andrews Simson that subscribed to the Protestation writes to his Brethren those Articles which he calls Tricas Anglicanas the Letter-carrier was Catherwood who for his insolency to the Kings face was committed and after banished and Simson sent to Edenburgh Castle where he lay till December And so the King returns to England by the West parts and at Dunfres had his farewell Sermon by the Bishop of Galloway which made the hearers heavy at their hearts The King gone home the Assembly met but willingly would have delayed their Conclusion of the five Articles till they might inform their Flocks of the equity of them and so they went away which the King considers as an high contempt and breach of their promise and commands the Bishops of St Andrews and of Glascow precisely in their own persons to keep Christmass day next preaching of Texts according to
hands of the Earls of Huntley and Arguile and sent to Q. Eliz. as an undeniable Truth dated Decem. 1567. which I have seen Hereupon the Confederates to acquit Bothwell of the Murder consent to the general apprehending all such as were suspected and Bothwel in particular accused by the Earl of Lenox the late Kings Father his Case is pleaded by Morton and he cleered by Sentence of the Judges And now Bothwell fitted with honour to a capacity of Mariage the Confederates gaining many Lords to their design set their hands to an Instrument for that purpose and altogether implore the Queen to mary Bothwell which being done and their turns served Then they increase a violent suspition and vent it abroad of the Queens guilt and consent with Bothwell and so conspire her deposing and his distruction Murray most suspected for the great Villany which followed intreats for leave to travel into France as weary of these Disquiets and to colour his knavery commits his whole Estate in trust to the Queen and Bothwell No sooner gone but all the Confederates take Arms publishing That Bothwell now Duke of Orkney intended to surprize the Prince and captivate the Queen who get forces and proclame them Rebels and march to Seaton and thereabout The Armies face each other of equal strength The French Embassadour mediates for Peace but to no purpose and so retires into Edenburgh The Lords to add Justice to their Cause which seemed horâ—id against their Comfortless and distressed Queen satisfie the people that were racked into fears and jealousies how to distinguish these distempers in State They caused therefore their Ensigns with this device The late King wounded and dead the Prince James kneeling by his hands heaved up towards Heaven with part of the Psalm Iudge and revenge my Cause O Lord. Then out comes Bothwel and to avoid the blood of many offers his own in combate against any Iames Murray the younger Brother accepts the Challenge but he is refused as not equal in honour The elder Brother William Laird of Tyllyburn and then Lord Lindsey desired the Combate To whom Morton sends the warlike Sword of Earl Archibald commonly called Bell the Cat and a Buckler with these he presents himself between the Armies and Bothwel there before But the Queen forbad them In fine the Lords increasing numbers being neer home Edenburgh and the Hamiltons failing the Queens forces Bothwel takes time to fly being under-hand advised by Morton his pretended back-friend which he did least if taken Prisoner he might be to unravel all these Treacheries And now absent it would increase belief of his and the Queens guilt in the late Murther of the King He gone and â—he worsted in fight and without any defence renders her self into Edenburgh Castle for thatnight and the next day she is carried Prisoner to a Castle in the Isle of Lochlevin under the strickt custody of Murrays Mother the Harlot of Iames 5. insulting over the poor imprisoned boasting her self the lawful Wife of Iames 5. and her Son to be his lawful Off-spring Bothâ—ell under hand sends to Balfore Governor of the Castle for a Silver Cabinet of the Q. which was delivered to the Messenger but discovered to the Lords who surprized it and so the secret Letters opened all their actions In this hurray of affairs the Ministers never idle break down the Abbies and all the figures of painting and sculpture in the rich Chapel of Holy-rood At last comes the Hamiltons with forces in sight of Edenburgh to recover all assisted with Arguile the Earls of Huntley Caithness Rothess Crawford and 15. Lords besides others of Geâ—try The other Lords move the general Assembly of Miniâ—ters now as alwaies in uprores convened in Iune to write to the Enemy And besides those Letters who more busie to accompany them and go on the Errand but the Ministery that meanâ— nothing less than peace Knox Dowglas Roe and Crage making such demands for themselves and more maintenance for the Ministery That the Cure would be far worser than the Disease These Peace-making Ambassadors but more military minded return with their message bad enough to be bid welcom which they also heighten for their own purpose and join altogether in 8. Articles That the former Parliament 24. of August 1560. and all the Acts for Religion should be made good and defended as lawful That the thirds of Tyths and larger proportion of Benefices for the Ministers For reception of youths into Schools and Universities by probate to be reformed Crimes against God to be punished The Murther of the King to be prosecuted The Prince protected The Covenant promoted Popery suppressed by arms if need were That all successive Kings and Princes at Coronation to be sworn to the Religion Queen Elizabeth detesting these unbridled insolencies of Subjects whom she termed Perfidious Ingrateful Cruel Rebels sends Sir Nicholas Throgmorton to expostulate with the Confederates to restore the Queen from imprisonment and preserve the Prince into England They all assemble Rebels seldom consent in unanimity but resolve Not to admit Ambassadours of England nor Le Croc. and Ville du Roy out of France to see the Queen Lethington the cunning Secretary and his faction advise for her restoring he Murther of the King to be answered the Prince provided for Bothwel divorced and Religion published Others would banish her perpetually into England or France and those Princes to undertake her Renunciation of Regency to her Son and certain Lords Others are for her Tryal Condemnation and perpetual custody and to set up her Son The last and most villains would have her deprived of Princely Authority life and all and this Knoâ— and other Ministeâ—s thundered out in Pulpits Throgmorton disputes her Cause alleging what the Word of God and all National Lawes do decree concerning the sacred power of Soveraigns and earthly duty of Subjects They reply with Buchanans damnable doctrine de Iuâ—e regni apud Scotâ—s Murray and he Contrivers of that Tractate contrary to the whole Histories of Scotland to create and depose their Princes They excuse their non-admission of the English Ambassadours address to Her with the denying of the French who seemed to be satisfied And in conclusion frame a Declaration in writing without subscription of any which they exhibite to Throgmorton in answer of all In effect To no other intent they shut her up but to sequester her from Bothwels person whom they pretend she dotes upon to their râ—in and so whilst she cools towards him her anger may abate from them with which result and no more he takes leave and returns home to England They work upon her restraint and miserable Imprisonment first in fair way to resign her Regency and to incline her they loosen her to a little freedom the better to shew her the means to escape away but increasing threats if she refuse to arraign her for Incontinency Murther and Tyranny At last they compel
protested that although their Queen was content her innocence should be shewed yet being a free Princess she did not acknowledge her self Subject unto any The English urged likewise That they did not admit that protestation in prejudice of that right which the Kings of England alwaies claimed as Superior of the Kingdom of Scotland Queen Maries Commissioners declare by writing how Morton Mar and others had levied Arms misused their Queen and extorting her Resignation in Prison that Murray had usurped the Regency and inforced her to fly for succour into England Murray and the Commissioners for the King Infant answer and relate the manner of the late Kings murther by Bothwel for which the Noble-men called him in question whom the Queen protected that she voluntarily resigned and the Parliament had confirmed it and all this was evidenced by Letters Her Commissioâ—ers reply and deny all telling the Truth of these Stories in such particular as is before herein declared and therefore crave aid of England to assist Her The English Commissioners require better proofs than by Letters for Lethington had counterfeited her hand and was suspected might do â—o by these Murray refuses other proofs than such Letters as he shewed with much modest regret forsooth To be put to it to accuse his Sister at all unless the Queen of England would undertake to protect the King and to relinquish the Queen But the English told them all though there appeared not as yet sufficient for the present to be dilated upon yet Murray is required to leave some of his Company here to answer Exceptions which their Queens Ambassadors should propose hereafter and so they departed Much pleasing to the Duke of Norfolk so to break off having alwaies favoured Q. Maries Cause and from this time had a Mind to mary her But Murray to make things more safe poâ—â—s to the Queen of England and to her produces Articles and other 〈◊〉 and 〈◊〉 Book called the Dâ—tection which had 〈◊〉 credit with her though â—illing she was that reproach â—ight lâ—dge â—pon the Queen of Scots Indeed many Engliâ—h Lords inclined to 〈◊〉 her 〈◊〉 at which Queen Eliâ—â—beth swore She 〈◊〉 not 〈◊〉 so long as Norfolâ— lives of whom hencâ—forward she was jâ—alous Duke Hamilton was returned out of Frâ—â—ce whither he had fled and besought that Murray might relinquish the Reâ—â—â—â—â— to him being as he 〈◊〉 his due as next heir to the Crown 〈◊〉 the Queen found his pulse beat too higâ— and least he should proceed in that Claim she commanded him not to depart without her Licence The Regent and his Company having leave to depart in Feâ—â—â—â— the Duke Hamilton made means to follow and being Lieutenant for his Queen and got home sends forth his Proclamations and sheweâ— his Authority which none obeys For Murray was comming to nip the Bird in the Head and comes to Glasgoâ— with an Army to whom Haâ—â—â—ton 〈◊〉 and prefixes a day for Hamilton with pledges to subsâ—ribe to his power at Edenbâ—rgh and there likewise he 〈◊〉 it off till his Queen sends her consent Hereupon he and Herris are committed 〈◊〉 and Huntley were the next to be reduced Both of them had been buâ—ie in the Regents absence but were now suppreâ—â—eâ— and so all 〈◊〉 to Perth to hold a Convention of â—tates Thither came two Packets from both Queens Elizabeth made three Propositions 1. That the Kings Mother might be restored to her 〈◊〉 and 〈◊〉 2. That her Name might be joined with her Sons in all writs and the Government continue in the Râ—gâ—â—â— 3. And if none of thesâ— then that 〈…〉 with all 〈◊〉 and honâ—â—â— without preâ—â—diâ—◠〈◊〉 the King This last was accepted the other rejected These Queens had several Designs in their Demands Elizabeth was wiâ—â—â—ng to be rid of the other rather than she should mary with Norfolk for she feared her great Friends here and beyond Seas And Mary was therefore more earnest to satisfy the Duke who meant not to adventure the Treaty upon uncertainties And Murray for these respects kept Bothwels title in being for from England he was assured by his Friends there that Norfolks plot and Queen Maries was so cunningly conveyed that no wit nor power was able to countermine Yet he remained stedfast and sent one of his Domestiques to Queen Elizabeth with Queen Maries Petition and their answer but She not satisfied with such an Ordinary Messenger the Abbat Pitcarn was sent Express from the Convention at Sterlin held only for that purpose About the same time of his last arrival at London the Duke of Norfolk was committed to the Tower October 11. and the Conspiracy discovered which was thus Murray with much cunning before his late departure out of England proposed some hopes to Norfolk of mariage with the Queen of Scots and secretly induced a belief of her present restoring and spread these Rumours to prejudice her and to increase jealousies with many other suspitious which surrounded Queen Elizabeth Of Rebellions at home and Plots abroad by the Papists And as many more Tales that Q. Elizabeth and Murray had compacted against the young King To wipe off these an Apology was printed in Queen Elizabeths defence In truth she was much perplexed with fears out of Emulation of the other Yet with some compassion for her Imprisonment and in both these distempers there wanted not Instruments to rub the wound Mary often solicited Queen Elizabeth with humble yet Princely Letters with such compassionate Eloquence that though the Queen had a Wolf by the Ears yet with tears had oft resolution to return her Home and dealt with Murray by Messengers herein but he was settled in malice and would not incline Then was rumoured the Mariage of the Duke of Norfolk with Queen Mary as advantagious to both Realms and security of the Kings person who must be brought also into England and so under Queen Elizabeths power and she so to be secured of fears And that for finishing so good a work the Dukes Daughter should be contracted to the King And these Designs many the chiefest Earls in England had contrived Murray himself at his being here intimated no less to the Duke for that She having maried her self to a Boy then to a rash young Man and last to a Mad-brain might now recover her honor to wed him a Man of discretion Nay more secretly by Melvin offered to the Queen of Scots his Service to effect it And the Secretary Throgmorton with the chiefest Lords Arundel Northumberland Westmerland Sussex Pembroke and Southampton and Leicester also his Rival were all of the Plot and he broke it very seriously to Norfolk Upon which the Duke not faint-hearted courted the Queen by Letters and all consenting Articles were propounded 1. For security of Queen Elizabeths person and issue 2. To Covenant a League between both Kingdomes 3. To establish Protestant Religion 4. To receive into favour with pardon all the Scots 5. To Revoke her assignation of the Kingdom of England
the Lords Meeting of their Parliament in Augnst after and so with increase of men makes up eight thousand Ranges the Country and spoils his Adversaries with Marshal law hangs them up by Scores and returns to Sterlin The King of Spain not with much affection to the Cause but for his own interest and malice to Queen Elizabeth secretly sends money and ammunition to Huntley in the North. The Duke of Castle-herault and Arguile send Seaton to Duke D' Alva in Flanders for aid and to restore the Captive Queen He promised fair but did nothing having much to do for his Master against Holland Nay the Pope fell to work with his Bulls excommunicates Queen Elizabeth and absolves her Subjects and some fears of a Rebellion in Norfolk to deliver the Duke exceedingly beloved and pitâ—yed And therefore upon his humble petition and penitency abjuring the Mariage was released the Tower and restrained only to his own House but with a Keeper Sir Henry Nevel whether in favour or to beget in him more Guilt for Henry the Eight's Statute of Treason to mary the Blood Royall without leave was repealed by Queen Elizabeth and his Misdemeanours were not yet come up to Felony But she in much trouble and fear of Forein Forces and Domestique Insurrections dayly put in practice in Darby-shire Sent Caecil and Mildmay with 16. Articles to Queen Mary at Chatsworth in Darby-shire not unreasonable unless those concerning the Scots interest with France of antient League and Security which therefore she wittily argued as not in her power without their consent For her Dowry was from thence the Scots Guard of Gens D' arms in France of one hundred Horse and 124. Archers the interest of some Clergy in pension and immunities from their Scots Merchants and Students in France All which except the English would recompence she could not remove their Amity and some Castles also required in Scotland which she could not render and so these Overtures were quite declined The Scots Incendiaries at home fearing that Queen Elizabeths good Inclination or other Forein assistance should release their imprisoned Queen and so revenge would follow Morton with others from Scotland are sent to prevent it and present a tedious insolent memorial the gall of the pen came from Knox and his Kirkmen with authorities of ipse dixit Calvin too hateful for president to others in justification of themselves and against Royalty which the Queen read and disdained as a Libel Yet she ordered Commissioners to treat with Queen Maries Commissioners and them concerning her Release but they excused themselves by a frivolous restraint of their Authority therein But certainly They that came impowred to deprive had powers to restore And indeed what needed Authoritie from others at home when wicked facts had made all equals Facinus quos inquinat aequat and so all return home Herein nothing to the poor captivated Queens Release her Friends in Scotland worsted in all their actions of Arms or Treaties strong places surprized and many executed for being but suspected of her Party Arch-Bishop Hamilton Brother to the Duke Castle-herault hanged as privy to the late Kings Murther without any Arraignment or Tryal and she here deprived of all her Friends and Domestiques but ten persons She then bethinks her self of the last remedy sends secretly to the Duke of Norfolk renues her affection and conjures his Assistance with other Letters to the Pope and King of Spain by Higford the Dukes Secretary a fiery Fellow even such another Creature as might be a President afterwards unto Cuff Secretary to his unfortunate Master the Earl of Essex who besides his Errand insinuates to the Duke fair hopes of Confederacy and assistance from all the Catholique Princes and the Pope also And with this Plot of impossibilities not without suspition of Treachery to his Master for before these letters were burnt he secretly stole the Minutes of all their private missions and lodged them purposely where they soon came to light The poor Duke easy enough to be cosened but not into the villany of Treason detested and disliked his Motions And yet afterwards but for meddling with money in behalf of that Queen to be sent to her Friends which was misconstrued perhaps in the worst sence for Support of Enemies against Queen Elizabeth he fell into this mischief and Treason which Higford confessed and discovered all the former Matters to boot The Duke not dreaming what was acknowledged denyed all at his Examination and so was again committed to the Tower and presently after him the Earls Arundel and Southampton the Lords Lumley and Cobham with others his Friends but these scaped with life and in hope of pardon told all they knew and more than truth And thus was he betrayed not knowing whom to trust where he lodged till he lost his head the next year after Bishop Ross Queen Maries Lieger Ambassadour of long time ago and so now here A witty and well-experienced Man he was in his Craft and up to the ears in all Designs and Plots for her Relief and Advantage through his Letters intercepted and all their confessions produced was sent for and examined the most guilty Crimes of them all either the Contriver or deeply Acceâ—â—ary some he confessed those which concerned others he constantly concealed and cunningly answered unto all There being sufficient evidence to make him guilty he stood upon his Privilege which he wittily defended and yet were qualified from any punishment The Tribunes of the People in Rome were free from question in their Annual Office Particular Mischief submits to the conveniency of the Publique Leges de Jure Gentium inductum est ut eorum Corpora salva sint propter necessitatem Legationis acâ—ne confundant jura comercii inter Principes Let us come to latter Customes of our own kind Henry 2. Restrained the Popes Legat until he swore not to act in prejudicium Regis vel Regni Henry the third did so likewise to another of the Popes Legates Another fled of himself timens pelli sui Edw. 1. Complained to the Pope and had satisfaction ere his Legate was released Henry 8. Restrained the Ambassadour of Charls 5. one Lewis de Prat for but falsely traducing Cardinal Wolsey to his Master Charles the ninth of France did so to Sir Nicholas Throgmorton for Counselling the Prince of Conde against the King In Spain was Doctor Man Ambassadour from England imprisoned for using his own Religion and yet Gusman de Sylva at that instant here in England had Mass with freedom But then the Inquisition mastered that State 1567. We restrained Don Guerman de Aspes in London for Libelling this State to the Duke D'Alva 1568. The French Ambassadour Alpin and Maluset were so used also The Venetian Ambassadour at Madrid protected an Offendor that came into his House the usual Sanctuary who by force was taken out from thence and that State justified that Action condemning the Ambassadors Servants that opposed Some to death
limitted And the Discipline erected by the Bishops and Super-intendents which had suffered some Diminution but no Synodical act for abolition should be confirmed And so with prosperous effects the Parliament ended and the King returns to his Sports at Sterlin The Presbyters now took up some colourable fears upon landing of one Amys or Amatus Stuart Lord Aubigny so called from Aubigny a Village in Aquitain a French-man born but of Scots family and kinsman to the King A notorious Guisit and Papist as they would have him The Town Aubigny was by Charles the seventh of France given to Iohn Stuart of the family of Lenox who commanded the Scots there and worsted the English which Town and Title depend ever since on the younger Sons and so on this Man He was sent over by the Guises or rather sent for over by Montross and Arguile to subvert Morton or to break the Truce twixt England and Scotland And no sooner landed but received with all honor and advanced in trust created Earl of Lenox and after created Duke a privy Counsellor of the Bed-chamber and Governour of Dunbarton Castle He was soon accused for engrossing so suddenly so much favour and since it hath been taken up for advantage who ever was like to please the King was thereupon cryed down by the Church for a Papist and so he was presented to Queen Elizabeth a dangerous Man and what mischief an evil favourite might suggest to the Kings maturity fitted to act evil impressions his Mothers Designs troublesome to both Realms more easy and proper for him to execute These in England and somewhat at home both together to wrest him from the King and Bowes is sent from Berwick to charge it home before the King and his Council The Queen of England not liking any so neer the King so much of the French Faction as he and one Monbirneau an Actor in the Massacre of France Bowes ere he entered into his errand required to have Lenox and him dismist the Board which was refused before the cause or crime were charged and bidden to produce his Commission for his peremptory demand which he could not and so was forthwith called home Yet to prevent the prejudice of his anger Alexander Hume is sent after to excuse it to the Queen so to learn the truth of her mistrust She as in such Cases to Messengers so all Princes take as Affronts to themselves and so did She and remits him to Burleigh disdaining to see him her self Burleigh Wisely assured him the Queens affections to his own person as a Protestant and his merits to his Master which she would own in any of his Ministers besides she knew him a good Counsellor for her Kinsman the King but denies you her presence who lookes not upon any Ambassadour from another where her own have been unheard and his Commission demanded without President But these are the fruits said he of your young Kings new Counsellors whose first principles are to discredit your best friends and interess their factions such as the Cosin Guises and a Frenchman or two of theirs sent over for that purpose to hazard ruin to the State if they be let to run on unless the Queens prudence and power prevent And so he parted Morton full of malice retires in discontent to Dalkieth disliking the state and manner of Court Miners for in doubt of some danger to his own person he came not neer the King but as commanded to counsel This distance gave his Enemies cause to fear and to prevent his hatred hasten their resolution to ruin him by the accusation of Iames Stuart sonne to the Lord Ucheltrie a bold-faced young man and had his arrand to charge him home which he did of murthering the late King and thus accused to his face and confined to his lodging he might expect no better than the last act of fate to take away his life and though a Pensioner to England this was done without dread of any But this ill news coming to Queen Elizabeth she Posts away Randolph now Post master of England to remove Lenox and to plead for Morton And in their great Assembly he recounts the Queens favours in freeing the Scots of the French with expence of English blood and treasure when her power could have seized all for her self the King then in his cradle his Regents successively owning these kindnesses till Aubigny and that other came in to ruine Religion and rule the King as their ward producing letters to some purpose which most men thought to be counterfeit and so effected nothing When nothing would serve his turn to turn out favorities Randolph takes upon him to set them by the ears and deals with both factions Lenox and Mortons underhand working jealousies to free themselves by force from eithers fewd which grew high and daingerous offering ayd from England to set things square which he made round These being marched to the Borders and the Scots as for the King prepared to receive them the English faction withdrew then and being discovered many were senâ— to prison and Randolph thus far besides his Commission durst not indure the power of his privilege but slipt away leaving his Nephew and Angus and Mar chief incendiaries to shift after and Morton to his just reward who was forthwith arraigned convict and beheaded for the murther of the Kings father and so confest by him before he dyed with this excuse that in those times of distraction he durst not but to do so The fatall Axe called the maiden himself had Patterned from that at Hallifax in Yorkshire which he had seen and liked the fashion for falling down between two posts executed him sure and sodain His Honour and Title was conferred on Iohn Maxwell He was an able man in what he undertook so that we may say as of Cato In hoc viro tanta vis animi ingeniique fuit ut quocunque loco natus est fortunam sibi ipse facturus fuisse videretur nulla ars neque privatae neque publicae rei gerendae ei defuit urbanas rusticasque res pariter callebat He was slow of speech with a natural composed gravity his countenance Majesticall his actions Princely had not that guilt of too much gathering and griping degraded those excellencies and left him naked to deserve nothing He desired to have a thing which dyed with him the Scots lawes reduced into Methode and it was urged as useless A great question with them to have Order in any thing that had none to serve God their opinion then hath since infected us His great wealth got together was scattered by unfaithful hands and hearts Livor post fata quiescit Discite mortales mortalia temnere illa Quaerere quae miseris non rapit aura levis About this time Ruthen lately created E. Gowry the son of William Ruthen Queen Maries deadly Enemy with other conspirators under pretence of
four I shall answer with a truth and no marvel That some years after when the Roles were examined that were deposed they were found to be but nine and fourty in all England when in Scotland they were reckoned above nine thousand so great a stir could so few make here or else they subscribed to keep their Livings and no wonder they were ever loth to lose all and many of them knew how to turn And orderly afterwards the King put forth two Proclamations the one To satisfie his Subjects for Unifomity in Religion according to the established Laws And Doctor Abbot and others sent in Apostolical Embassie into Scotland to settle the Church and spirits of the Clergy there as he had done here that every spirit led onely with piety and not humour might be therein satisfied The other Proclamation against Iesuits expresseth That a greater contagion to our Religion was eminent by sundry persons common Enemies to them both namely numbers of Priests Seminaries Iesuits abounding here of such as were before and since our coming and with greater liberty than they durst have done upon confidence of innovation in Religion and general Pardon at our Coronation do exercise their Professions and saying Mass and endeavouring to seduce the Subjects from their duty to us and to reconcile them to Rome To prevent infection with Superstition pernicious to the soul and corrupt against Alleageance is to debar the People such Instruments of infection and they are Priests of all sorts ordained in forein parts prohibited here by the Authority of the Laws of this Land And therefore against such they shall before the 19th of March next depart out of this Realm and the Kings Dominions and not to return hereafter upon penalty of the Laws in force to be inflicted without any favour The Reasons and excuses for this seeming severity toward that sort of Subjects is enforced from the peril of his Person by late conspiracy of confusion conceived by persons of that sort onely And this may satisfie forein Princes proceeds from providence to prevent perils otherwise inevitable considering their submission to forein Iurisdiction seems to dispence at pleasure with the power of their own Sovereign or strictest bond of loyalty and love between a King and his People And though it is civilly considered personal respects to the now Bishop of Rome in state and condition of a secular Prince yet observing the course and clame of that See no Prince of our Religion and Profession can be assured of continuance unless by assent of other Christian Princes to a general Council free and lawfull to pluck up those Roots of dangers and jealousies arising about Religion as well between Prince and Prince as between them and their Subjects and also to manifest that no State or Potentate either hath or can challenge power to dispose of earthly Kingdoms or Monarchies or to dispence with Subjects obedience to their natural Sovereigns in which charitable action no Prince shall more readily concur his power not onely out of particular disposition to peace with all States but by such union an amity might be settled to resist the common Enemy Febr. 22. Jacobi I. This did something allay them but not the Presbyters who by pens and preaching saies he strook at the very root of Hierarchy so that it was a hard question which of them were the most odious Truly both of them Neither Barrel better Herring for the Papists wrought in private and these that way also besides their pittyfull preaching And at this time died that learned Arch-Bishop Whitgift a good and pious Man whom Banckroft succeeded no great friend to them but to satisfie their violence he is intrusted with their directory a Manuscript compiled as they gave out to startle the next Parliament which they deliver to the Arch-Bishop but he pretending to have loâ—t it when it was called for and they without any Copy devised another so different from the former as being afterwards compared the Parliament concluded that every new motion would alter their Model ad infinitum so unsetled they were then and are to this day as never to be satisfied with any as to our trouble and late experience hath been evident And which this most reverend Whitgift foretold on his death-bed the miserable effects of their violence Et nunc domine said he exaltata est Anima mea quod in eo tempore succubui quando mallem Episcopatus mei deo reddere rationem quam inter homines exercere But indeed Presbyters had so bitten the King and his Kingdom and now at his coming it behoved him to quiet them for as all knew it lay in his power to be Head of the Protestant Professours so upon this new access to these Crowns it was conceived he might alter all ancient Forms upon a new score who having bit on the Bridle so long at home it would concern him now to keep the Reins free having entailed Precepts upon his posterity to that end Instructions as frontlets and chains real and lasting and bequeathed to them as Legacies to after age forewarning his Son in his Basilicon Doron not to wrest the Word of God to self-appetite So now therefore he resolved to frame his own and his peoples affections to follow that true Rule of Scripture which suffered under several Interpretations he therefore commended it to the choice grave and most learned of this Nation and commanded them as they would answer at Gods Tribunal to be carefull therein painfull and just They did so and we have that blessing amongst us as the most perfect Translation in English of all others not without Exceptions in that also from our Adversaries the Papists and Sectarists The Scripture was writ in parts the most ancient Language was Hebrew the most copious the Greek and Latine the finest but as the Hebrews in their time accounted all Languages but their own Lognasim or barbarous so then that others might come to the waters of life we must as Iacob role the stone from the Well that the Sheep may drink of the waters of life we could not reade the Book for it was sealed And indeed whilest the dew lay on Gideon's fleece all the earth was dry but near before the time of ourâ—blessed Reconciliation by our Saviour CHRIST Not of the Jew onely but of the Greek also then God raised up the heart of a Greek Prince by descent and Language Ptolomy Philadelph King of Egypt to procure the Translation of the Old Testament into Greek out of Hebrew which we call the Seventy Interpreters The Greek Tongue made familiar to most Inhabitants in Asia by reason of their Conquests and also understood in many places of Europe and Africa but yet not so acceptable to some no not of the Iews For not long after Christ Aquila Theodosia Symmachus and others translate it again these with the Seventy made up the Hexapla and all together were compiled by Saint
Kings to the Commons in Parliament and they to joyn with the Peers from whence it became the wisdom of Princes how to mannage this Government and to maintain this Form Lest some of this Body knit under one Head should swell and grow monstrous And Monarchy may sooner groan under the weight of Aristocracy as it often did than under Democracy which till now it never felt nor feared The Actions of which singly are inconsiderable after many Conjunctions grow at last into one great perfecting power or into Destroying Factions like smaller Brooks falling into some Main River The Parliament of England of long time and at this present was come to be a Convention of the Estates of the Kingdom assembled by the King of Bishops Peers and Peoples Commissioners They sat in two Senate-Houses or Chambers named a Higher and a Lower The Higher called also the House of Peers the Bishops and Peers viz. Dukes Marquesses Earls and Barons sit together with whom sit the Judges of the law for their advice not voice The Lower House called also the House of Commons is constituted of Knights of the Shire two Elected of every Shire and of Cities and Incorporations one or more Burgesses The day and place of Assembly is appointed by the King and adjourned removed elsewhere and dissolved at his pleasure The Lords or Peers are called by writs transmitted to them under the Kings hand The Commons by the Kings writ out of Chancery The writ to the Peers runs thus James by the Grace of God c. To the most reverend father in Christ so he stiles the Bishops Cousin if he speaks to the Peers for as much as by the advice of our Council upon some diffident and urgent affairs us and the State and defence of our Kingdom of England and the Church of England concernant We have ordained that our Parliament be held at c. there to consult and Treat with you and the rest of the Prelates Nobles and Heads of our said Kingdom of England We strictly charge and command you on your faith and love if to the Bishops by your fealty and Alleagance if to the Peers wherein you stand bound to us that considering the difficulty of the said affairs and the dangers iminent laying aside whatsoever excuse you be personally present on the said day and place with us and the rest of the Prelates Nobles and Heads to treat and give your advice touching the said affairs and this as you tender us and our Honour and the safety of our said Kingdom and Holy-Church and dispatch of the said affairs may you in no wise omit if he writes to the Bishops to warn the Dean and Chapiter of your Church and the whole Clergie of your Diocess that the same Dean and Arch-Deacons in their proper persons and the said Chapiter by one and the same Clergie by two sufficient substitutes having plenary and sufficient power from the said Chapiter and Clergy be personally present on the said day and place to consent to these things which then and there by the favor of the divine Clemencie shall happen to be ordained by the Common advice of our Kingdom Witness ourselves c. The other writ to the Sheriffs and Mayors of the Cities and Corporations is thus The King to the Sheriff Greeting For as much by the advice and consent of our Council and so goes on as above and there to confer and treat with the Prelates Peers and Heads of our Kingdom We strictly charge and command you that by proclamation made in your Shire upon the receipt of our writ you cause two Knights with swords by their sides the most sufficient and discreet of the Shire and of every City of that County two Citizens and of every Borough two Burgesses of the most discreet and sufficient to be freely and indifferently chosen by such as shall be present at the Proclamation according to the form of the Statutes on that behalf set forth and provided And the Names of the said Knights Citizens and Burgesses to be inserted in certain Indentures to be drawn between you and them that shall be present as such Elections whether the persons so chosen be present or absent And then to come at the same day and place so that the said Knights have full and sufficient power for themselves and the Communalty of the said Shire and the said Citizens and Burgesses for themselves and the Communities of the Cities Boroughs respectively from the same to do and consent to such things as then and there shall happen by Gods assistance to be ordained by the commune advice of our Kingdom concerning the affairs offered so that by your neglect therein the said affairs in any case remain not undone Notwithstanding we will not that you or any other Sheriff of our Kingdom be chosen At the day and place they meet at the Church first then at the Parliament-Houses orderly in their Robes with solemn gate such as might increase in the people the authority of their siting Then the King enters the Upper-House and either in his own person or by the mouth of his Chancellor declares the weighty causes of their Assembling in Contemplation whereof he desires their advice to communicate their Counsels in doubtfull matters most certain That himself be present at these consultations needs not but only as oft as he sees good There is no necessity after this unless in the end of the Session to add the strength and force of Laws to their results The Knights Citizens and Burgesses in the Lower-House are Man by Man called forth by their Names by some one delegated by the King and each is made to take the Oath of Alleageance heretofore was this I will keep true faith and Alleageance to James by the grace of God c. King His Heirs and successors Him and them I will defend to my utmost strength and with the hazard of my life and fortunes against all conspiracies and attempts against his Person Crown and Dignity And lest any should dream of a Consortship in Government there was superadded the Oath of Supremacy in these words I A. B. do utterly testifie and declare in my conscience that the Kings Highness is the onely Supreme Governour of this Realm and all other his Highness Dominions and Countreys as well in all Spiritual and Ecclesiastical things or causes as Temporal and that no forein Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce and forsake all forein Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall â—ear Faith and true Alleageance to the Kings Highness his Heirs and lawfull Successors and to my power shall assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and
annexed to the Imperial Crown of the Realm Thus oblig'd to their duty they chuse a Speaker whom they accompany to the King whose Election they desire him to ratifie whom the King usually is pleased with which done the Speaker in his own and the House of Commons name gives thanks and beseeches That the Lower House may use their Privileges and freedom of debating That if any therein shall happen to be more earnest in his own opinion his Majesty will vouchsafe not to take it ill nor be angry and that they may have access to the Kings Majesty or Higher House as oft as matters require which leave being granted they are dismissed Both Houses have free liberty to debate of matters propounded by the King or touching making or abrogating Laws and to determine to commit to writing what is to be transmitted to each other by Messenger whereto if upon debate had there ensue an assent by Votes the consent is noted upon the top of the Bill in this form amongst the Lords Les Seigneurs ont assentes among the Commons Les Communes ont assentes but if they differ both Houses not seldom meet or else principal persons chosen out of them to confer together in a commodious place for their meeting in the Painted Chamber there the Commons standing and uncovered with great observance receive the Lords covered and sitting and there they confer if they discord that business comes to nothing but if they agree they present it to the King which if he allows he writes Le Roy le veult and so as by a Soul infused into a Body it receives life and becomes an effectual Law forthwith to be promulgated to the People but when the King refuses to approve it he writes on the top of the Leaf Le Roy s' avisera sometimes he denies it in terminis and thereupon are reputed dasht The sacred matters the King permits not to be handled by Parliaments but Synods unless it may be for the force of Laws from Parliamentary Authority which they cannot so fully obtain from their divine verity The Deans Arch-Deacons Procuratours for the Chapters as also for every Arch-Deaconry the former being delegated by the Suffrages of the Prebendaries these of the Ministers meet in a place assigned to debate touching them where having first chosen a Prolocutor in the name of the Clergy they determine concerning Heads of Religion Ceremonies and other matters belonging to the Church as also granting of Subsidies to the King whose Results notwithstanding are not obtruded on the Seculars to be observed with the Authority of Laws untill as above-said they be allowed by assent of King and both Houses being provided That Civil hands should not intermeddle in these affairs Our Chronicles tell us That Queen Elizabeth expostulates with the Parliament for that they had appointed a Fast without her advice and were not restored to her favour but upon obtaining of Pardon Both Houses have respectively their peculiar Privileges To the higher House not onely to give counsels and to assist in making Laws but likewise to exercise the power of Iudicature and so of imposing Oaths in the more weighty causes as corruption of Iudges and Magistrates and in last Appeals which yet to bring back to examen without the Kings permission and Patent the Lawyers say is praeter-legal nor do they so unless the Judges of Law sitting by The House of Commons have Privileges of supplicating and craving Right or else the Accusers part never challenged to it self the Office of Judg save within their own Walls and on their proper Members and that extended no farther than penalty of Imprisonment or Mulct never having any right of pressing an Oath and therefore in a Statute the House of Commons say That seeing Parliamentary Iudicature belongs to the King and Lords and not to the Commons that they might not be obliged contrary to Custom to give Iudgment If any doubt touching the Election of their Members it was heretofore determined by the Lords House or by the Judg of the Kings Chancery If any of them had departed from the Houses without the Kings leave and both Houses also he was convened before the Kings Council-table or Kings Bench to undergo the penalty and was not punished at the discretion of his own House of Commons But they have Privilege first to debate and determine of levying money among the People This was the temperament of King Parliament and People in proper parts not harming each other for the Kings supreme Authority and Sword is as a sufficient power to vindicate the Laws from the Factions of the Grands and popular Tumults whilest in the mean time the Lords with that chief Authority wherewith they are vested of Iudicature and Legislation put a curb on one hand to the Kings Tyranny if he extravagate on the other to the tumultuating populace and in semblable manner the People by that their power of accusing whom they please and of granting or denying moneys are in a sufficient capacity to retrench the licentiousness of the Nobility and of the Kings Counsellours and break the Kings impetuous incroching on the publick The Laws have exceedingly provided That the freedom of voting and debating be not hindered through fear of insolent persons therefore none may come into either of their Houses with a Sword or armed The Members and their Servants not to be arrested for Debt or offences though of a mean alloy and if any so attached he may not be free but by a Writ out of the Chancery Seldom and that upon weighty cause would Kings create offence to so venerable an Assembly however it hath so faln out that excellent Princes upon too great provocations have reprehended the Senate and punisht some Offenders convening them before the Judges of the Kingdom imprisoned fined and put to death sometimes Thus by past stood the state of Parliaments when the King came in and calls one in March the King Queen and Prince some days before rode from the Tower to his Palace of White-hall in such Triumph as the several Pageants at each convenient place with excellent Oratory assured them the affections and duty of his Subjects as they did some days afterwards when the like occasion presented them in state to this Parliament And as usual with all Sovereigns his Predecessours themselves or Chancellour sweetens the Members with some Rhetorical Oration to the purpose of calling that Assembly and this the King undertakes now as best able of any Prince his Predecessours or any other Assistant for wit or wisdom to compare with him and therein he lays open his heart to both Houses in a very long Speech But because it is in print and bound with the Volume of his Works I shall adventure to abreviate here for some light to the Reader in this History which follows But then in this as in other his most eloquent and gracefull Speeches hereafter where you meet with any of his
Brethren in Scotland that they should be enforced also to conform to the utter destruction of their Sion there To qualifie this News another Proclamation comes out in September after against such calumnious surmises That the King will not alter that Form of Government proper for their constitution without Counsel there and so refers mens â—xpectation to the general Assembly to meet at Dundee in Scotland in July after It was usual with the Presbyters in Scotland to have a general Assembly once a year and oftner pro re nata upon any urgent occasion The last was a little before the Kings coming hither 1602. And the next this appointed at Aberdene this year and therefore then adjourns that Meeting unto which he especially had an eye as mistrusting their ill humors to this Summer 1604. And now also prorogues it to a longer day by Proclamation in Scotland Notwithstanding thirteen of them convene at Aberdene and in spite of the Council Authority they formallized their Judicature by constituting a Moderator a Clerk and other essential Members The Privy Council there send a Messenger accompanied with a Herald of Arms to discharge and dissolve their Meeting These holy Fathers in this Sanhedrim protested They would not nor could give way to the Kings sacrilegious power usurped which properly belonged to the Church virtual the Assembly and so sat still till they pleased and after appointed a day for the next Assembly The King hears of this and commands them to be cited and punished These men undanted appear with a Protestation a Declination from the Kings Council and appeal to their own next General Assembly as the sole and competent Judg and were therefore pursued criminally before their Lord Iustice General upon the Act of Parliament 1584. for Treason Some of them acknowledged their fault the rest Zelots were convict ad terrorem and banished and after upon submission were restored to better Benefices The excellent Acts and Laws in this Session prorogâ—ed to the fifth of November I finde our voluminous Historian passes over excepting against their number too tedious for his brevity being unwilling to mention any thing of so much honour to the King though he can waste time and paper to tell you that the blessing of his Initiation Peace and Plenty brought idle people to Luxury Roaring-boys Bravadoes Roisters and makes it a fault in the King that he breeds his People no better The Parliament began the 19. of March 1603. and continued untill the 7. of Iuly 1604. and then prorogued unto the 7. of February In this Parliament they made a Recognition of the lawfull descending of the Crown to the King his Progeny and Posterity Commissioners of England and Scotland for to treat of the Union That no Bishop should assure Lands to the King Former Statutes against Recusants to be executed Divers other Statutes concerning the City and several Towns Corporate as also other Statutes for the good of the Land And conclude with a Subsidy of Tunnage and Poundage of Wools c. The Kings second Son Charls heretofore in Scotland created Duke of Albany Marquess of Ormond Count Ross and Lord of Ardmannoth is now this year created Duke of York by the girding of the Sword Cap and Circlet of Gold put upon his Head and golden Verge into his Hand to him and his Heirs males for ever with the Fee of fourty pounds per annum out of the issue and profits of that County He is made by Patent and witnessed by all the Lords of the Privy Council and other Peers of the Realm at Westminster the 6. of Ianuary 2. Iac. 1604. K. Edw. 3. by his Charter created Edward his eldest Son the black Prince Duke of Cornwall cum feodo to him and his Heirs the first begotten Sons and Dukes of the same place so that he that is hereditable Duke of Cornwall is Dux natus non creatus and the first day of his birth is in Law presumed to be of full age and may sue out his Livery as at one and twenty years and this was the first Duke in England the reason may be because the Norman Kings themselves were Dukes of Normandy for a long time they adorned none with this Honour of Duke The Papists had very evil success in all their Designs heretofore against Queen Elizabeth and her Religion and were somewhat quieted in hopes that the Kings reception hither might prove troublesom and so proper for them to work in such waters but the Kings late Speech was desperately understood for they being denied Toleration plot his and the whole States destruction by blowing up all in the House of Parliament A story so horrid and therefore so necessary to be communicated to the memorial of our Childrens Children The Parliament having been twice prorogued already in regard of the Seasons of the year and the Terms The time drawing near their Sitting upon Saturday ten days before about seven of the clock at night a Letter sealed was delivered by an unknown Fellow unto a Foot-man of the Lord Mounteagle Son and Heir to the Lord Morley charging him to give it to his Lords own hands who opening the same found it without Date or Subscription and in Letters not easily legible and the matter to him less intelligible but as God would have it he in this doubt repairs herewith to the Earl of Salisbury principal Secretary of State who also in some doubt of the construction the King being absent in his return from Roiston they acquainted the Lord Chamberlain the Earl of Suâ—folk herewith and after consultation they joyned the Lord Admiral the Earls of Worcester and Northampton but stayed all manner of proceeding untill the Kings coming Thursday night next after Salisbury shews it him The Letter was MY Lord out of the love I bear to some of your Friends I have a care of your preservation therefore I would advise you as you tender your Life to devise some Excuse to shift off your attendance this Parliament for God and Man have concurred to punish the wickedness of this Time And think not slightly of this Advertisement but retire your self into your Countrey where you may expect the event in safety for though there be no appearance of any sâ—ir yet I say they shall receive a terrible Blow this Parliament and yet they shall not see who hurts them This counsel is not to be contemned because it may do you good and can do you no harm for the danger is past so soon as you have burnt the Letter and I hope God will give you the grace to make good use of it to whose holy protection I commend you The King conceived the Letter not to be contemned the stile quick and pithy not usual with Libells and judged the words terrible Blow this Parliament and not see who hurts them to be meant by Gun-pouder joyning thereto the other words For the danger is past so soon as you have burnt the Letter
Law Act for a New-River-water to be cut from Chadwell and Amwell springs in Hartfordshire to London And the King grants the People a General Pardon with the usual Exceptions And now also was framed a form of Oath called an Oath of Alleageance for distinction of good Subjects in General from unfaithfull Traytors but especially to make separation of the Popishly affected yet with Natural duty unto Sovereignty And the Oath was thus in effect That King James is lawfull King of this Realm That the Pope may not depose him or dispose of his Nor authorise any other Prince to invade him or to discharge any of his Subjects their Alleageance or to beare Arms against him And that notwithstanding any Act by the Pope or other authority he will bear faith and alleageance to his Majesty and will disclose all Treasons and Conspiracies against him and doth abhor as impious that any Prince deprived by the Pope may be deposed or murthered That the Pope nor any other hath power to absolve this Oath and renounces all pardon to the contrary without any equivocation or mental reservation whatsoever so help him God c. And accordingly sundry both Priests and Laiks did freely take the same when suddenly comes over a Breve from Pope Paulus quintus Inhibiting utterly all Papists from taking the same rather to endure all Torments nay death it self Rome October 1606. And the next year another Breve confirming this September 1607. And accompanied with a Letter of Cardinal Bellarmine unto George Blackwell the Arch-Priest of the English being then in some bonds whom therefore the Cardinal suspected would take the same as he did To all these the King most learnedly gives answer and in six days compiles and publishes in print an Apologie for that Oath and in a week sets out a Monitory Preface to that Apologie and solemnly presents it by Ambassy to the Emperour and to every King and State in Christendom as a peculiar concernment to all and each of them in the due temporal Obedience of their Subjects And herein the King instances Examples of several Emperours requiring Obedience from Popes Creation of Popes ordaining their Seat and Dignities and of all Bishops with Anathema against all such as disobeyed their Sentence as also deposing of Popes Hereupon the Venetians maintained that doctrine in their writings and put it in Execution The Sorbons did the like in France And those writers of their own that opposed it were so over-lashed as that they were corrected and castigated by Men of their Religion Becanus his book corrected by the Cardinals of Rome Bellarmines book burnt at Paris Suares his answer burnt also in France Certainly by this his Majesties premonition Kings and Princes had a more perfect discovery into the injury offered to them by the Pope in the points of their temporal power and it followed to be throughly disputed in Christendom by this occasion of the King This the King did for the present But there was a swarm of busie-heads that measured the mysteries of State by the rule of their own conceited wisdomes gave Arguments to suppress the Popish practises by Executing all their Priests The reasons may be gleaned out of their rash opinions That a dead Man bites not that mercies offered for a desperate Malefactor do but enlarge his adventures against King and Countrey That a hard hand suddainly remitted is seldom by the rude people interpreted to the best sence No hope of reformation where there 's no confession of the fault and to banish them may be supposed a meer shift to rid the Prisons of those whom Conscience could not condemn of Crime whilst Justice seems to sleep the time serves to raise factions for fearfull Spirits by sufferance grow insolent and cruel And to the Exceptions of their small Number it was argued that Union in a prepared conspiracie prevailes more than Number If that the Oath of Supremacie heretofore choked not their presumptuous imagination nor now can the temporal power of the King contained in the Oath of Alleageance preserve us or deter them A Popish Priest his Character is a disloyal Renegado Delinquents in lesser degrees may challenge easier punishments and so be incouraged The penalty to be executed on them they scandall by pretending the conversion from the Kings Exchequer to Our private purse That being restrained will prove like Bonner and Gardner in the time of Queen Mary seeing most men write good turns in Sand and bad in the Marble That the Jesuits divide the English into four Sects Themselves first and assume a full fourth part to their property and of that part they subdivide into two portions viz. The rigid non-Conformists and the Church-Papists The Second they allot to the Protestants who detain say they some of their Relicks The third and largest was left to the Puritans The last to the Politician senza diâ— senza anima The first then being assuredly theirs the last we will afford them also and therefore the safest way to prevent Combination is to make them hop headless The Presbyter indeed would hang them all but this Counsel most unchristian To answer them it was urged That although death be the end of Temporal misery it is not the grave of memory Justice may execute the person but his opinion made publick it is not subject to the sword where poyson is diffused through the veins of good and bad blood Evacuation is better than Incision Clemencie is divine and works supernaturall effects though they merit by suffering and though Bellarmine Parsons provoke them to thrust their finger into the fire by refusing the Oath of Alleageance yet the wisest of them had rather see others act then themselves feel the smart That Garnet lamented that he should not be inrolled as a Martyr because no matter of Religion was objected yet he would gladly have survived that Glory if any such hopes had remained The English exceed the Romans in zeal of Papistry and are naturally better fortifyed to indure death If so that terror prevails not Religion and Conscience less Visne muliebre Consilium said Livia to Augustus let severity sleep and try what the pardoning of Cinna will produce That death of Priests assures more to their Sect then ever their words could perswade and though such are but counterfeit Martyrs yet will they be otherwise so reputed by those that lay their Soules in pawn unto their doctrine with whom multitude of voices cry down our contraries for the Gate of their Church is wide and many enter therein And as uncharitable are these that would imprison them perpetually and that the means to catch them was to have good Intelligence beyond Sea and at home Sir Francis Walsingham had of his so active that an English Seminary could not stir out of Rome Spain or Flanders their several Nurseries without his privity and so forewarn'd they may be catcht at our ports and removed to prisons and
This Robert was at first Abbot of Holy-rood-house for divers years After the forfeiture of Hepburn Earl of Bothwell and the obtaining those Isles he exchanged the Abbacy with the Bishoprick of Orkney and so became sole Lord of the County Patrick succeeding to an elder Brother and grown a Courtier involved himself in great debts which inforced him the more tyrannous over the people to recover his wants At Glasgow was apprehended Oglevy a Jesuite lately come from Gratts by command of his Superior in that College He answered peremptory to the Commissioners questions professing not to prejudice others by any Confession Their torture to inforce him to impeach others was to debar him sleep for some time until he was forced falsely to accuse any body which he after repose would deny again The King was displeased with such forms to men of his profession and if no crime could be proved but his Calling and saying Mass they should banish him not to return on pain of Death but if his practice had been to induce the people to rebellion and maintained the Popes power transcendent over Kings and resused the Oath of Allegiance they should leave him to the Law But with all they were to urge his Answer to these Questions 1. Whether the Pope be Iudge in Spiritualibus over his Majesty and whether in Temporalibus if it be in Spiritualia 2. Whether the Pope hath power to excommunicate Kings such as are not of his Church as his Majesty 3. Whether he hath power to depose Kings after his excommunication and in particular his Majesty 4. Whether it be no Murther to kill the King so deposed 5. Whether He hath power to assoil subjects from the Oath of their native Allegiance to his Majesty He answers in writing To the first Affirmative in Spiritualibus But whether in Temporalibus he is not obliged to answer to any but a Iudge of Controversyes of Religion the Pope or one by his Authority To the second affirmative and that all persons baptized are under the Popes power To the third He will not declare but to a lawful Iudge of Religion To the rest ut supra He could not be moved by threats but rather railed at the Oath of Allegiance as damnable and treasonable against God and so came to Tryal of Life but was told over night That he was not to be tryed concerning his profession but for his former Answers to the Questions which he may recal and crave mercy but this he utterly refused And so was impannell'd grounded upon the Acts of Parliament against such as declined the Kings authority or maintained other Jurisdiction and upon his former answers He protests not to acknowledge the Iudges nor Iudgement Lawfull for if it be Treason here it should be so in all other Kingdoms which is not Your Acts of Parliament are made by partial men and of Matter not subject to their forum for which I will not give a fig. The King hath no Authority but derivative from his Predecessors who acknowledged the Popes Iurisdiction if the King will be to me as they were to minâ— he shall be my King if otherwise I value him not And for the reverence I do to you bare-headed It is ad redemptionem vexationis not ad agnitionem Judicii That the Iury were either his Enemies or his Friends if Enemies they could not sit upon his Tryal if Friends they ought to assist him at the Bar That what he suffered was injurious and not Iustice he had not offended nor would crave Mercy My Commission said he was by command of my Superiour and if I were abroad I would return hether again and repent only that I have not been so busie as I should in that which you call Perverting of Subjects and I call Saving of souls I do decline the Kings authority and will do it still in matter of Religion the most of your Ministers maintain it and if they be wise will continue in that mind As for that Question Whether the King being deposed by the Pope may be lawfully killed Doctors of the Church hold the Affirmative not improbably and as it is not yet determined so if it should be concluded I will dy in the defence And now to say It were unlawful I will not to save my life His insolent speech was shortned by the Jurors quick return who found him guilty and had Sentence of Treason and to stop his rayling was after Noon the same day hanged at Glasgow He was a desperate second Ravilliack and ready in that devilish doctrine of deposing and disthroning Kings which he urged the more he said as consonant to the Kirk Ministers tenents And that nothing troubled him but to be taken away ere he had done that which all Scotland and England should not have prevented and had it been performed no torments would have been by him refused So then we see the cause of his Execution For the King professed Never to hang a Priest for his Religion The opening of the Spring gave opportunity to sundry families of England to prepare themselves for planting in America Upon no great incouragement of profit or pleasure by any former Voyages of the English into those parts but people and trade increasing here they would unburthen this State with forein adventures The Design was for New England a part of America in the Ocean Sea opposite to that part of America in the South Sea which Sir Francis Drake discovered in his voyage about the world and named it Nova Albion But he was never imployed thither as a Discoverer or Planter upon this part of America taking the coast from Cape Florida in twenty degrees North Latitude North-East-ward to Cape Brittain Between the Degrees of Latitude from 20. to 45. King Iames granted Letters Patents being about fifteen hundred miles but to follow it aboard near two thousand miles And all this Coast from Cape Florida of twenty Degrees to five and forty was first discovered by Iohn Cabot with six sail of ships who had his Patent from Henry 7. Anno 1442. about the time that Columbus discovered the middle part of America for Ferdinand and Isabel of Spain and is called the West-Indies The first Colony from England was with Sir Walter Ralegh assisted in company of Sir Ralph Lane and Thomas Heriot that learned Mathematician Anno 1584. who in honour of Queen Elizabeth named it Virginia leaving there sixteen men which were brought home by Sir Francis Drake in his return from his West-India Voyage a year after and this part is contained from Florida to the Chesiopech Bay The next Northward is a part of Land to which Sir Iohn Popham Lord Chief Justice sent for Discovery and Trade 1606. but no success returned and since it is called New England Then the Land adjoyning Northward was discovered by Captain Gosnold all that coast being studded with broken Lands and called by him Elizabeths Isles Then you come to Cape Cod
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
their view Chancells were so divided from the body of the Church and thereupon so called And the Lord Chancelour and Lord Keeper have one power by Stat. anno 5. Eliz. So then you see how and for what he hath his name And though his Authority be highest yet it is given to him by the Law and proceedeth in course of Law not according to conscience but Law That all Justice runs from the Supreme power so by the Chancelour to all Jurisdiction A man complains of wrong or sues for right in Chancery from which Bill of complaint issues a precept commanding the Defendent to appear at a Day So then a man may not be sued before he have a Writ or Breve from the Chancelour a singular regard to the meanest The very Writs of Chancerie are prescribed by Law and a form registred in Chancery and if not accordingly issued out the Judges will reject them called in Law Abating of the Writ His Authority to judge is of two sorts by common Law or Positive Law Potentia Ordinata Processe pleading judgement Potentia Absoluta by Processe according to the Law of Nature viz. to send for the party to answer upon Oath to examine if he will not answer yet the Chancelour cannot condemn him in the cause for obstinacy Potentia Ordinata mispleading on either part may mar the matter and the judgement must be according to Law however the Equity of the case fall out But if the pleading be by Absolute Power though the party misplead if the matter be good the Iudgement must be by equity and not as the pleading be either formal good or bad or as the law will in the case The Question followes whether that conscience whereby the Chancelour be simpliciter and to be simplex conscientia or Regulata Viz. To be ordered by course of Court former Presidents and if no Presidents whether Reason in codem respectu may take cognisance of the cause viz. A rich Father to suffer an honest son to beg or a rich son contrario the Chancelour cannot Hereupon we may conclude that his Authority judicial both Ordinata and Absoluta Potestas are limitted by the Law of the Land For in the Ordinary he is tyed to the strict rule of Law and by the Absolute he is ruled though not by the course of law yet he is to deal per regulatam conscientiam but in any case not to contradict what Law hath allowed But to conclude his Absoluta Potestas by what means he should find out truth Truly it is without limitation only to be referred to his own Gifts and the grace of God that gives Wisdom Sir Francis Bacon succeeded Elsemere Lord Chancelour though a wonder to some so mean a Man to so much preferment he was then Atturney General and as others by that placc and in the usual way of preferment time beyond memory come to high Office of Indicature either there or to other Benches and so did he But his Mis-deeds afterwards turned him out of all and he dyed poor and private See Anno 1621. And as his Genesis of preferment came to the chair of State so the Exodus of the Treasurer Suffolk in his Office brought him to the Star-Chamber and the Glory of the new Chancelour Chair-man there to sit in censure upon him and so to set out himself in his Matchless Eloquence which he did then by Sentence as the Mouth of the Court as all others had done Their abilities affording them several waies and manners in that Court more particular as their Qualities concern them to distinguish So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset He now finding the Fate of Court-policy final in this Lord and his malice at Liberty to speak what he list Parrallels this Lords Crimes with other such corrupt Treasurers raking Presidents of all former Predecessors Even from Randolphus de Britton who was sentenced to lose all lands and goods but was restored to him and fined 3000. 1. for misusing K. H. 3. Treasure Such another was Treasurer of Ireland Petrus de Rivallis and of great command also high Chamberlain of England to Edw. 1. his Offences were Bribes of all men poor and rich Religiosis quam de Laicis fined and ransomed So did the Abbot and Moncks at Westminster took out of that Kings Treasury there ad inestimabile Damnum Regis Regni For which these privileged pretenders could not be exempt from Tryal and the Temporalities of the Abby seized for satisfaction till which time of payment they suffered Imprisonment Nay Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then though small but a hundred pound of the Earl of Monteallo ut amicus in agendis negotiis versus dominum Regem lets him escape Prison to do his buâ—inesse and given of free Will and ex curialitate sua yet in those dayes it amounted to Extortion But he had Additionalls having indicted Iohn de Eugam of Tresgass for the Mannor of Fisby to which the King had title and imprisoned him and when another Mannor was conveyed to the Bishop for Courtesies done diversas curialitates Eugam was set at liberty but it seems the Bishops plea would not serve his turn That the King would rather punish by Imprisonment than fine And those good times accounted it Bribery Again the Bayliff of Oxford was committed for arrears of one hundred pound in his accompt and the Mannor of Calcat conveyed to the Bishop for satisfaction yet because he was of pure Devotion discharged by the Bishop these cases all three were condemned of Extortion and Bribery and the Bishop soundly paid for it by his purse and imprisonment In Edw. 3. He imprisoned William Lord Latimer with punishment and fine being in Commission to pay off the Kings debts he compounded for eighty per centum and 30. for 40. by which saies the Record he turned it upon the King to be a Bankrupt Compounder So did the Baron Nevil bought the Kings debts of the Army and though he pleaded that they forgave him the Remainder freely yet was he fined Such like as these were brought Examples to raise the Offence of this Lord Treasurer of himself as of high birth so most Noble and without doubt disdaining to commit base crimes but whether the guilt of Sir Iohn Dingly one of the Tellers in Exchequer an intimate Servant to the Secrecies of Suffolks Countess or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of Or the vain and monstrous expence heretofore of that family All that could be besides the necessity of Court-Fate cast in his dish was the imbezeling the monies lately paid by the States of the Netherlands for redemption of the cautionary Towns Flushing and Bril and he fined thirty thousand pounds and Dingly two thousand pounds the
Son with the same Knife cut his own throat The Wife went up to consult with him where in a most strange manner beholding them both in blood wild and agast with the Instrument at hand readily rips up her own belly till the Guts tumbled out The Daughter doubting the delay of their absence searches for them all whom she found out too soon with the sad sight of this scene and being overcome with horrour and amaze of this Deluge of Destruction she sanck down and dyed the fatal end of that family The truth of which was frequently known and stew to Court in this Guise but the imprinted Relation conceals their Names in favour to some Neighbour of Repute and Kin to that Family The same sense makes me therein silent also We have heretofore observed the Constitution of the Dutch Netherlands in favour of Vorstius and his Heresies preferred at Leyden 1611. where he had a way of Wit and cunning to work into the peoples dullness led on by countenance of sundry the powerful Ministers of the Provincial States that now his Tenents were preached for Orthodox and believed as Gospel being mixed with those of Arminius whose repute following his death Vorstius took up and for the Masters sake were nick-named Arminianism then of a dozen years growth infecting the Reformed Churches almost in each Countrey published in print or fetcht from thence by taint of young Studients King Iames took care to prevent both by burning the One if they came hether and forbidding the Other not to go thether Peace and Plenty with them bred up these Schisms into as many factions the old way to work designs and changes in State both of the Gown and of the Sword The one mightily mastered by the wisdom of Barnevelt the other commanded by the power of the Prince of Orange This Barnevelt was worthily descended and well-bred his travels abroad and Counsels at home which his great age 70 years gave time to ripen for excellent advice in the Magistracy and Council in the Army improved by five Embassies abroad and thirty two Leaguers at home And it is counsel to some whether conscience or ambition over-ruled his last actions but he made himself Head of a Faction which got the name of Arminians a common custom with Opposers to colour their own designs by laying infamy or at least scandal upon their Adversaries and this did the Prince do to destroy Barnevelt for envy and fear The other finding the pulse of the people to beat in a high feaver of that disease was forced for the present to tack on that side where he was sure to have hearts and hands to keep him up in a desperate state otherwise to be overwhelmed in the deluge of Destruction Thus in some condition to balance the Prince with assistance of several the Provincial States of his opinion and jealousie that if the power of the Prince Generalissimo of their Armies were not limitted his greatness would ere long increase without coutroul And therefore by way of Counsel for pretended good of the Common-wealth they did Confederate to leavy new companies far from view or suspition of the Prince whom Barnevelt kept close to business of the publick Council with the States General And so was it not discovered untill Midsomer But then perfectly understood The Prince in secret with his Kinsman Count Ernest and the best of his Confidents leaves the Court at Hague gives Intelligence of his Design to Collonel Ogle Commander of the Garrison at Utrecht the place of the others greatest strength who on the sudden receives them in surprize the Town and that State in close Council And at hand had the Garrisons of Arnhem and others to master that part and so other places of force whom he suspected had favour with Barnevelts faction The snccess of this sudden expedition gave such authority to the Prince that being returned in Martial manner he seized Barnevelt Grotius Hogenbert and other Confederates at Hague and committed them to prison upon pretence of Treason his power with the Army and interest with the States might do this and more Not long after Lydenburgh Governour of Utrecht imprisoned stabs himself to the death with his Trencher-knife being assured that no innocency would prevail against force and malice Yet Hogenbert and Grotius had sentence of miserable mercy in perpetual imprisonment the last of them got loose being conveyed out in a Chest which his beloved wife plotted for his escape Barnevelt had friends with the State and a strong faction with the people and though his Sentence pronounced him to the Scaffold yet it lasted a long Dispute ere they brought him to the Block which was not effected till May the next year His Sentence indeed made his Crimes capital as Author and Accessary of all former distempers in State sum'd up to the height and sufficient to hang a thousand The multitude of Believers begin to murmur to appease them and prevent muteny a National Synod was held at Dort accompanied with sundry able Divines of several Reformed Churches King Iames in principal sent thither Doctor George Carlton Bishop of Landaff Doctor Ioseph Hall then Dean of Worcester Doctor Iohn Davenport Professor Regius in the University of Cambridge and Master of Queens College there Doctor Samuel Ward Regent of Sidney College in Cambridge and Doctor Balcanqual a Scotish man in particular to give honour to that Nation But in truth and in esteem they were all of them and so other Foreign Divines of this Assembly men of incomparable Learning in the Mystery of Religion but where appeared no Opponents the Dispute found the less Difficulty and their Conclusions for the present silenced the Pulpits Yet private men took pains to search the Distinction And as Opinion the rule of Conscience binds every one so from thence and since Arminianism hath its increase The Divines of England not being obliged to their opinions at Dort For first This Synod was Foreign and National and therefore as a Synod could not bind us in England unlesse it had been ratified and imposed by Publique Authority here at Home Secondly It was not an Episcopall Synod neither was any Bishop President of it or actor in it quatenus Episcopus and therfore it was rather an Assembly of ptivate Divines than an Ecclesiastical Synod according to the rules of antient Ecclesiastical Discipline Thirdly Our Divines concur not absolutely in Judgement with the Netherlands in all their Synodical Conclusions For concerning that Article of Redemption they write pag. 204. De mortis Christi pretiocissimo merito it a Statuimus ut nec primitivae c. The reverend Divines of Great Britain in these words deliver four things 1. That they accord with the primitive Church touching the Article of Universal Redemption 2. That the promises of the Gospel ought to be proposed universally to all men 3. That whatsoever is offered or promised in the name of Christ to any person in the Church is
forth to see it saying Jacta est alea The Die is cast in Gods providence not in Signes to be blasted with such beames which had a ground in Nature but no warrant in Scripture to portend Mishap to States and Princes But that which is most observable to me is this The Scripture which relates remarkable things mentioneth not one Comet Blazing Star nor Ecclipse but that miraculous Star at Christs birth though no doubt many such happened in that space of three thousand five hundred years but takes notice of other natural events less considerable and yet from the other we infer changes of Empires nay Church and Religion The Prophets never foretold of any Meteors as not troubling their writings with what could be foreseen by humane or natural means For though Agabus Acts 11. 18. foretold the Universal Famine twelve years after in the time of Claudius Ceasar yet he speaks not of the Ecclipse that fell then for that might be foreseen of a natural cause and was foretold by Astrologers but not the famine which could not be inferred by Eclipse nor by any Comet to presage evil We grant natural virtues which reside in the Stars besides enlightning for they were created four daies after the light to warm and give vigor and life and such good things And indeed those natural signs are rather marks of Gods favour than anger Stars do submission to Man unhappy to none but such as believe them fatal and unlucky Naturale est magis nova quam magna mirari And that Comet at Christs birth was Nero's death Cometes summe bonus aparuit qui praenuntius fuit mortis magni illius Tyranni pestilentissimi hominis saies Tacitus False Predictions prove true to them that fear them that is our superstition The other extreme is Epicurism which admireth not Gods works at all Continual custome without some change in natural things becomes less regardful God scatters intermixtures to force man to admire The sacred Chronology shews Gods admirable measures in the dispensations of time more worthy than in the speculation of Astrologers Nay even in humane History more wise than such Predictions for certainly a good Historian deserves better than a bad Prophet After the appearance of this Comet the same year died Q. Anne A lingring sickness and fulness of humours brought her to a dropsie and for recovery she for some years before frequented the Bath with continual Physick But the disease come to the height she took leave of this life at Hampton Court Her Corps brought from thence to Somerset House part of her Jointure and at her proper charge lately rebuilt and beautifyed to this lustre it appears now and by her desire called Denmark house from the name of that Kingdom whence she had her Birth And not long after with sumptuous obâ—equies she was intombed at Westminster Abby in the chapel of Hen. 7. ordained for Royal Interments A good Lady she was and Sister to the King of Denmark fetcht from thence by King Iames with great affection to her person and being a Stranger to these Kingdoms with Providence designed for her future fortune she medâ—ed the less in Matters of State A matchless pair drawing evenly in all courses of honour and both blessed with fair issue because never loose from eithers Bed abating that blemish basely abusing her excellent virtue for loving my Lord of Pembroke a crime as false as odious in the Author who yet concludes her character a monument of virtue I may not leave the Reader at random in the affairs of the Kirk of Scotland How they boggled with the King when he was lost there and so left them incorrigible never intending to hazard his honour any more by granting General Assemblies But he come home unsatisfyed then and after with their Synods had sharply reproved them by Letters which they excuse till one Assembly more might make tryal of their allegeance The King gratious to be reconciled adventures to grant them another General Assembly to be held at Perth August 25. But enters upon them with this caution That the affront offered his Royal self in the late meeting at Saint Andrews gave him just reason to resolve never to grant any more General Assemblies concerning the Churches policy what he hastily desired and what they did was to do him injury He is yet over intreated by their Bishops to permit a new Convocation who are now convened for the self same business as before Advising the Bishops not to admit the wonted ignorant and unruly multitude to overpower the more judicious He having placed them overseers of the rest in the chiefest Rooms He dislikes not the advice of the whole and the greater the consent the better his content But matters of this nature the Articles may yet be enjoined without them by his own authority as an innate power by his calling from God Perswade them they may to induce them by discretion in their duty to Him wherein he will not be delayed nor satisfied with their shifts from their simple acceptation of those Articles sent unto them the necessity whereof had better becomed them all to beg of him than he to propone the practice upon them What and how many abuses were offered to him by the Ministers before he came to the Crown of England can hardly be forgot nor likes he much to remember sufficient by their disobedience to have separated his affection from them His patience for Gods cause forgiving and forgetting foul faults endeavouring to force from them better effects of his best purposes He wishes that he be no more provoked nor the truth of God which they profess any longer shadowed under the Cloke of some of their seeming Saintlike holiness shaking hands and joining hearts with such persons as by their tenents against Majestracy uphold Popery In sum he craves God to witness on his part and let the World now at last see their dutyful obedience to their dread Soveraign that so his care of their good may meet with zeal and affections in them inferiour to no subjects of any Sovereign and the glory of God and peace to his Church which is his earnest prayer for them all unto whom he now and evermore commends them James Rex July 1618. We say not how much these might deserve from men holy minded nor what tedious and weak Arguments were reasoned which needed such a defence as was fain to be published in answer to a Pamphlet set out against them But truly shame of their trifling and fear to offend produced these effects from which yet in aftertime they fled That seeing the memory of all by-past superstitious and idolatrous worship of the sacraments by Papists is long since abolished Therefore in reverence of God and due regard of so Divine a Mystery and in remembrance of so mystical an Union they think good That the sacrament be celebrated hereafter meekly and reverently upon their knees If any Christian visited
years before had adopted Ferdinand his Uncles Son his Successour but not to meddle with Sovereignty of a King whilest Matthias lived however Ferdinand thus far set forward himself makes way to the Dignity of Boheme and to prevent discovery from the incorporate Confederate Provinces who have Voices in the Election he calls a Parliament forthwith onely of the States of Boheme with express denunciation that in the Assembly nothing should be consulted but the choice of a new King The Electoral Provinces nor their Deputies nor Ambassadours not being present the Assembly was not legal The best of the States of Boheme therefore refuse to appear against whom was denounced such threats as frightened them with hazard of their Heads and so was procured a pretended Election for the present and his Coronation assented by the main party Catholicks The Crowning Kings in the life of another was of late a sure policy to unite those Kingdoms in the Austrian Family contrary to the ancient custom of free Elections which now neithâ—r State durst oppose To this end therefore and to suppress all future free Elections the Paladium of the Kingdom Ferdinand secretly compacts with the King of Spain without consent of the States and before his Election or pretence to any interest That the King of Spain his Posterity and Heirs for want of Issue male of his Fathers Austrian Line should succeed him in that Kingdom contrary to the established Rules of Politicians that no elected King hath power to alienate without consent of the States this succession exposed them to the loss of all and Religion also and enabled him to enfeoff strangers into each Province and into the inheritances of those Royally descended high-born illustrious Families and by which as was then suspected and since came to pass he should easily seize the Dignity of the Crown Imperial and so abolish the foundation of the Golden Bull and Form of Empire This while the aged Emperour keeps Court at Vienna King Ferdinand at Gref in Steria the Government of Boheme continues in such Counsellours as Matthias left there chosen Ministers Catholick who with the Arch-bishop of Prague endeavour to suppress the Protestants The States Protestants assemble themselves to redress these injuries backt with some Forces which they brought with them and were opposed by the Emperour's Faction whom they over-mastered and flung his chief Justice Slabala his Secretary Fabritius and others out of a Window of the Castle down into the Court and being done in choller excused by Apology to the Emperour But on they go raise force and banish the Iesuit and others of that Faction whom they load with Complaints The Emperour as forward commits the command of two Armies unto Count Buquoy and Dampiere The Protestants counter-force with two Bodies severally under the Prince of Anholt and under Count Thorn and Mansfeilt skirmishing with different effects Some Princes King Iames and others interpose Mediations and Ferdinand complains of the Bohemians obstinacy They remonstrate former undue Elections and allege That between a conditional King and his Subjects there are reciprocal obligations the one Obedientia the other Promissa That he received the Scepter of the States with thankfull remuneration and royal grace to all to satisfie the desire of every one and to deserve their love and swears not to meddle with Government whilest Matthias lives Notwithstanding he maintains the Wars of others against the Bohemians Moravians and Silecians and raised Terra Maria against the Bahemians sent for his own Army out of Steria and pronounced the Protestant States of Boheme Traitors and Rebells and declared himself Enemy to them all That he banished the old President Cesal directs all Councils corrects the Decisians and Decrees Imperial disposes the actions of Buquoy as King and Lord of all and dis-inclines all means of Peace with Ambassadours of all Provinces who met at Prague carefully consulting to recover Peace That conditional elective Kings receive their royal Authority upon Oaths their Sovereign power Ex pacto non ex jure from the Subjects by concessions upon Covenant not by succession nor descent as other Kings who are so before they swear to their Subjects and do swear because they are Kings but are not Kings because they swear the one born a Prince without his Subjects the other made and given to be a King The Oath of Elective Kings is Et si quod absit in aliquibus Iuramentum meum violavero Nullam mihi incole Regni omniumque dominiorum unius cujusque gentis obedientiam praestare delebant And the Chancellour usually tells them Quandoquidem viderunt Ordines Majestatem regiam pactis conventis stare nolle non debere ait ipsius Majestatem in malam partem interpetari si Ordines obedientiam ipsius Majestate renuncient These things thus a doing the old Emperour dies and Ferdinand now King of Hungary and Boheme and adopted Heir of the Empire meets at Franckford by Summons with the three Electors Menâ—z Collen and Trevours the other three Silecia Moravia and Lusatia failing in their persons sent their Representatives only and so the Council chose him King of Romans which the State of Bohemia disclaim and of his being Elector as King of Bohemia he never actually possessing the Crown Their disâ—entions could not lessen his Election to the Empire yet they swore never to receive him their King King Iames much troubled at these interruptions of Germany took himself to be much conceâ—ned in the hazard of the Protestant party and the peace and danger of the Reformed Church and therefore sent Hay Viscount Doncaster Ambassadour extraordinary to mediate with the Emperour and Bohemians but to little purpose The Emperour by means avoiding to receive him knowing his errand being to paliate what was grown too high for his Reconciliation and removed his Gests when Doncaster came but neer him so whilest King Iames hunted at New Market his Ambassadour coursed the Hare in Germany but his business through the crudity and raw initiation took not the effect Ferdinand fearing the Success of Ingagements insinuates with the Germain Princes and had possessed the Duke of Bavaria and others The poor Bohemians in this strait and finding K. Iames an Inteâ—cessor thought it policy to bring him into the List for having published their Declarations and Reasons pronounced the Election of Ferdinand to be invalid and nul and the States of that Kingdom and other Provinces Elect by this Title The most Gracious and the most Mighty Prince Lord Frederick Count Palatine of the Rhine and King of Bohemia In the mean time King Iames consults with his Council diversly affected to this Design of taking or refusing Amongst them see what our Abbotâ—ends â—ends to Secretary Nauton not being able to come to Council Good master Secretary I have never more desired to be present at any Consultation c. My humble advice is That there is no going back but a countenancing of it
them all The deposing Mort on exalted the Presbyterian hopes to erect the Geneve Discipline by Pastors Deans and Super-intendents and now to bring it about they call a Synod wherein all factions to the prejudice of the King were more cherished than Divine Worship intended for they decree The Ecclesiastical Regency to the Super-Intendents and left the Bishops only to one Church and exempt from Iurisdiction to relinguish Episcopacy and to omit Dispensation of Divine duties The King withstood this decree and revokes the business to his own brest and therein the Bishop of St. Andrews was the greatest Stickler The adverse party had Andrew Melvin a Man singular with them but not with the learned His tenents were To vindicate equality in the Ministry arrogantly endeavouring to suppress the Churches ancient authority and to erect to themselves a Statue of honour from the ruins of the Bishops disgrace Sick and ill disposed was the estate of Episcopacy the Praecisians prevalent in number The Nobles for Episcopacy joined with the Kings inclination To take protection of the fainting Ecclesiastick Discipline into his Care commanding the other to infuse fidelity into the people to abstain from innovation to reverence Bishops and follow peace Mortons 〈◊〉 gave him time and means to meditate Revenge and 〈◊〉 with the youthful inclination of the young E. of Mar 〈◊〉 quarrel with his Uncle Erskin for assuming the chiefty of that family and the usurpation of the Kings Tutâ—lage It took fire with the Gallant who secretly with his Train possesses Sterlin Castle his Uncle Erskin and the King and puts by Arguile one of the three Assistants The noyse hereof brings the Lords into Arms and their care of the Peace of the Kingdom assign Commissioners herein who decree all Erskins former interest upon Mar. The Queen of England sends Randolph whose often Legations had made him exquisite to congratulate the King whose rare and various Ornaments of Wit and Learning eminent in such an age as no Prince could ever parallel assures the Queens great affection and perswades the Lords to peace which was patcht up for the present But Morton grows insolent abolishing the Triumvirate rule and usurps all to himself of which Arguile Athol and Montross remonstrate to the King who refers it to the next Parliament in Iuly at Edenburgh where secretly some Lords covenant whom Morton undermines by fraction and advises for the meeting at Sterlin as more wholsom for the King and Nobles but indeed fitted for his faction of men of Arms and so it was to be there in the Court of the Castle and not as usual in the Common-Hall against which the other Edenburgh Lords protested as invalid and would not meet But the Parliament sate and the King this first time adorned with Majesterial Ornaments Robes and Scepter told them That it was not material where they met so his safety were included that his Court entertained all excluded none However this place should be no Prescript for posterity that he intended no innovation against his Predecessors Institutions that the opinions of a few should not dictate to the whole and so approves the Act by Proclamation Montross a Commissioner for the Lords remaining at Edenburgh posts thither with this news they take Arms ten thousand men and yet declare for the King Angus Mar and Morton do the like at Sterlin whâ—re both sides incamp but fought not at the earnest endeavour 〈◊〉 the English Ambassadour Sir Iohn Bowes and all disband And to piece this Discord the King proposes Moderators Lindsey Harris Ogleby Innerness for Arguile and Rothess Bucan Ruthen and Boyd for Morton but not prevailing Morton retires to his Palace at Dalkieth In whose absence the Delegates accord and he and Arguile and Athol meet and feast at Lieth which so pleased the King that he congratulates those whose endeavours had acted so much good and they again discuss what can be commodious for his Princely Dignity Magnificence and Profit And it began to be time so to do the Kings wants the Council supply by over value of Coyn which the Citizens withstood as over bitter for their digest Experience having taught this truth That the value of Silver alters the price of victual and all vendables the King as the great Rent Master or Land-lord bearing the greatest Loss for the future though not discernable for the present to his raw young Counsellors and this trick was put upon Morton and worse happened to his destruction The Earl Athole Lord Chancellour by the extremity of his disease yielded to nature or rather a delaying consuming poison forced him hence the suspition fell sadly upon his Corrival Morton and the revenge fell into the Power of Arguile who was chosen Chancellour in his Place This occasion no doubt the very Devil put into Mortons head to work himself mischief for in pure Conscience he intimates to the King the story of his death and so instigates his anger against the Hamiltons remembring also the slaughter of his Grandfather Lenox and of Murray late Regents and for these other crimes aforesaid 1573. and so begins their persecution with fire and Sword assisted with Mar and Angus The Hamiltons within their Castle and other places besieged were forced to yield to the Mercy of the King who executed the Actors of the Paracide and pardoned the rest Iohn and Claud the Sons of the late Duke of Castle-herauld in great distress what to do adventured to fly into England whom the Queen vouchsafed harbouring and sent Master Erington to intercede with the King The next Parliament was in October at Edenburgh where the King shewes himself to his People his years advanced with his Princely understanding to extraordinary Fame requiring his person more publike than at Sterling Solemnities and Ceremonies of Princes being the formal entertainments of reverence and respects And so he rode in all possible State the first day of sitting A great novelty to many to find Majesty in Man that had but seen the shadow for mâ—â—y years in Queens or Counterfeits but now attracted from the peoples hearts and hands venerations and blessings He tells the Houses the benefit of peace and this blessed opportunity to confer with them for the good of the Kingdome which his non-age had denyed them administring rather occasion of Commotion than the remedy of publick grievance which now he resolves to redress alwayes reposing confidence in their wise Counsels and calls God to witness his part aimed at the Preservation of Religion Subjects safety and Kingdoms security And first he enacted The form of Confession agreed in anno 1567. To the Prescript administration of the Sacraments in Act and Will That the present Religion embraced was to be esteemed Orthodoxal in doctrine and discipline And to be imposed upon all that went beyond seas by Oath and Subscription The Bible commanded in Scotch to each family The Power of Ministers regulated and