UNIVERSITY OF CALIFORNIA 
 AT LOS ANGELES

 
 DETECTION 
 
 Of the Affions of 
 
 MART 
 
 QU EE N of SCOTS 
 
 CONCERNING 
 
 The MURDER of her HUSBAND, and 
 
 her Confpiracy, Adultery, and pretended Marriage with 
 EarlBoTHWEL , 
 
 AN I> 
 
 A Defence of the true LORDS, Maintainers of 
 
 the KING'S Majefty's Adtion and Authority. 
 
 Written in Latin by G. BUCHANAN. 
 Tranflatcd into Englijh by a PERSON of 
 
 HONOUR, of the Kingdom of Scotland. 
 
 *P rmted in the Tear >
 
 T O TH E 
 
 READER- 
 
 T is to be confeffed that in this 
 Hiflory there is but a parcel, 
 and it tells you btit of one cir- 
 cumflance, yQewes light to 
 a many conjider able one s\ which 
 that the common Reader may the better draw 
 ^ cuf, I jhall only briefly acquaint him that 
 "~James the fifth, a cruel and vain-glorious 
 'Prince loft his two only Sons, (both in one 
 week] a little before he was jlain at Flod- 
 den-field, and Jo left no other Heir $ but 
 Mary, a Child of four days old, which he 
 never had feen. This Child was accepted^ 
 H and at five years of age ( the Scots feeing 
 
 they were likely to make better merchandize 
 of her in France, than in England, tho' they 
 thenprofer'dhigh)fent her into France, and at 
 A 12
 
 To the Reader. 
 
 1 2, married her to the Dauphin, afterward 
 Francis the firft, who at two years left her a- 
 widow, and fo Jhe returned to Scotland, 
 where jke foimd her Mother weltring m her 
 cruelties, (a Guile) and wafting and gather- 
 ing with all her might. She being remov'd, 
 the ghieen came to be Mafter of herfdf, and 
 foon after in a gaity took Henry Lord Dar- 
 ky, Son to the Earl of Lenox, one of the 
 goodlieft 'Perfonagcs accounted of his time, 
 to her Husband. But it feems her firjt 
 flames being allayed, there was one David 
 Rize either had been? or was grown -more 
 into favour, fo that the King grew every 
 day dif countenanced - 3 and whereas before in 
 the Coins ( as many of them I have feen, 
 comparing the years ) it was in the end of 
 one year, Hcnricus & Maria, &c. It was in 
 the beginning of the other? Maria & Henri- 
 cus, &c. and infleadof receiving the honour 
 of a King, he was fent away from the Court 
 without either train or neceffaries. This 
 with other informations of the Queens car- 
 riages, and the incouragement of fome of the 
 Novility brought him back to Edenburgh, 
 where finding David in the G)uetn's company, 
 fnatch'd him out of htr pr<. fence (grvi-rtg Lcr 
 fomt words of comfort and affurunct , for 
 fr vas ihtn great v :, h cf.l ) &nd with 
 ft t . e of his dfftftants Jlni h*H* i.^o Another 
 
 ' 
 
 This
 
 To the Reader. 
 
 This Minion being gone 7 Bothwcl came 
 into favour, and that howfwiftly and power- 
 fully you may perceive by the Letters an- 
 nexed to the 'Difcourfe. But her hate to 
 her Husband was fo exafperated, that both 
 her and BothwelV malice and wits, made 
 his deflruttion their chief aim. Her carri-, 
 age to him grew daily more and more flrange, 
 foe augmented her neglect, in fo much that 
 at the chriflening of that Son, who was 
 after a 'Plague to this Nation, he was not 
 fuffered to receive the leafl Honours or Ad- 
 dreffes. 
 
 She being again at liberty then thought 
 to beflir her felf about the comparing of 
 Revenge ) 'Poifon was attempted, but the 
 flrength of his youth overcame it > which 
 the accurfd Woman fieing, flattered him 
 into agreement and frefently lull'd him in- 
 to credulity ; fo that he came again to E- 
 dcnburgh, and was lodg'd in a little houfe 
 near the ^Palace, but out of all hearing. 
 Hither foe brought her own rich Bed, and 
 frequently vifittd him with all Jheixs ofaf- 
 fiffhn. But one Sunday night, foe difco- 
 v end her p.- If, and fetching a deep jtgh t O, 
 f -'s Jh. , This time twelvemonth was T)avid 
 R -"^ {lain ! This it feems came from her 
 heart -, for within a few days, the unfor- 
 t-in^te young man, as an Infcrix to the Ghoft 
 of a Fidkr, was ftrangled in his Bed, the 
 B. A z _ hovfe
 
 To the Reader. 
 
 houft blown tip , and his body thrown out 
 into the garden, the Queen's rich bed being 
 a day or two before remov'd* 
 
 Now was Jhe at liberty for Bothwel, but 
 there WAS one obflacle, he had a Wife al- 
 ready, but Jhe poor woman muft be forced 
 to fiie out a divorce, which was procured 
 in eight days. So that now the way was 
 fmoothy and an Ambaffadour with fine penned 
 inftruffions fent to the King of France, to 
 give an account of her new Marriage " But 
 all this could not ft ill the cries of the *Peo~ 
 pie, whofe impatience, grief, and rage at 
 that time (particulars whereof I have feen 
 in an^ authzntick Scotch diurnal of that 
 date}\WAS fuck, that Bothwel was forced 
 to fiworn fome People to accufi him -, but he 
 having Creatures enough, few daring to wit- 
 nefs, and many Judges of his Tarty, was ac- 
 quitted. But at laft thehoneftpariofthe No~ 
 bility, fenfible of thofi mifcarriages, made a 
 head, broke BothweiV Forces, and put him 
 to flight, took her Trifoner, and made her 
 refign up the Government to her Son, (all 
 this before the faid Ambaffadour who was 
 fint into France, had his fir fl Audience} 
 then a child in the Cradle, known after- 
 wards by the name of James the ftxth , 
 who though he were accounted a wife man, 
 jhould be accounted with me much wifer if 
 he had known his own Father: For here 
 
 in
 
 To the Reader* 
 
 in lefs than a year and an half's fpace, (no 
 longer was att this in tranf acting] there 
 were three known Favourites, Rize, Dar- 
 
 ley, tfWBothwel ; and which of thefe might 
 have hit luckieft may be well doubted, if- 
 (as I have heard fbme Scots lowdly aver) 
 the Child itfelf were not fuppoftitious. 
 
 This is as much as I can fay will give 
 light to the Book that follows. \Twas writ- 
 ten by the mofl excellent Ten of that Age* 
 a man as Sir Philip Sidney juftly calls him, 
 of a fiercing wit , confummate learning , 
 and careful ebfervation of things, which 
 made him known to the great eft Trinces of 
 his time, and dear to his own. This made him 
 School-majler to his King , wl &> im^loy d 
 him in the weightieft Tranfaffions at home 
 and abroad, made him Keeper, of the Prrc-y 
 Seal of Scotland (though he never fought 
 himfelf, nor could withdraw frcm the an- 
 cient farfimony and frugality , he dying ve- 
 ry poor. ) So that it is not to be flippofed 
 that a ""Perfon 'ft well qualified for know- 
 ledge in thefe things, and of a Reputation 
 fo untouched, would have adventured to di- 
 vulge matters of this nature in a place, 
 where mofl men might have called him Lyar. 
 But certainly both in his Hiftory, which he de- 
 dicated to the Son, and in this 'Piece, which 
 he penned in the name of the Lords, if 
 there were any fault, it was too broad. And 
 
 though
 
 To the Reader. 
 
 though wonky Mafter Cambdcn, in his An- 
 nals tells us, He wifhed he might have wiped 
 out all that he had writ againft Mary Queen 
 of Scots with his blood, jet when I confi- 
 der the times he writ in, and the general 
 Jilence of it among the Scots, and the dif- 
 grace that Buchanan died in when, King 
 James came to maturity -, methinks I can- 
 not give fo much credit in this to that fa- 
 mous Htftorian as in other things, though 
 he might mcndacium dicerc, not mcntiri.1 
 
 And though Cauflin in his holy Court, 
 make her a Heroine, nay, a Saint 5 and 
 Strada in his De Bcllo Belgico, digrefjes to 
 celebrate her with immoderate praifes, [yet 
 certainly any man, that would guide his In- 
 jforical faith aright, will much rather chofe 
 to believe men either AtJors in bufincfs, or 
 neighbours to it, and fuch as receive affu- 
 rance from their cy?s, than men that are re- 
 mote, and fuch as are necejjitated to fee 
 through^t he falfi or broken light of infor- 
 mat ion _efpe dally perfons hid in cclis, and 
 excluded from bufinefs, abfohttely devoted to 
 a religion, to which Jhe was an Appuy, 
 absolute Enemy to that 'Powir, under w'hich 
 Jhe received juft fintence and execution. To 
 fay nothing" thai Religions, efpecialfy thoft 
 that feek to grow into the 'repute of the 
 world by carnal ways, think themfelves high- 
 ly advanced ty a long Bead-roll of Martyrs, 
 
 be
 
 To the Reader. 
 
 be their pretences never fo flight ', or their 
 ferfons themfelves never fo much deferring 
 an Anathema. 
 
 And thus much I think may few e to Jhew 
 that all Blood-Royal is not unmingkd? and 
 that they that tie fuch pojitive devotion tofuc- 
 cejjion^doit not upon fuch grounds ^ but that 
 they may juflly fear., that many times they 
 adore a Pcrkin- Warbeck in/lead of a Duke of 
 . York, and facrijice to a guilded idol inflead 
 of one of maffy gold. For certainly^ for a, 
 man to pin his faith upon any that may be 
 dubious , is fuch a crajinefs in the under ft and- 
 ing y as will bring all inconveniences either 
 upon his reafoning or civil happinefs. 
 
 Farewell. 
 
 THE
 
 
 DETECTION 
 
 OF THE 
 
 ACTIONS 
 
 O F 
 
 MARY Queen of SCOTS, 
 
 H E R E A s of things judicially 
 determined within a domini- 
 on, to have an account de- 
 fanded by ftrangers, is, to 
 :h as are not fubjeft to 
 reign jurifdidiOnJ both 
 ftrange, and alfo for the 
 tfrangenefs difpleafant. To us, above all 
 other, h ought to be moft grievous, who 
 are driven to this ftrait of neceffity, that 
 33 whofe
 
 Dete6tion of 
 
 
 whofe faults we dciire to cover, their lives 
 we are forced to accufe, unlefs we ourfclves 
 will be accounted the moft wicked perfons 
 that live. [ But a great part of this grief is r$- 
 licvcd by your equity (moft excellent Queen!) 
 who take it no lefs difpleafantly to fee your 
 kinfwoman, than we to fee our Queen thus 
 in ipccch of all men to be fo difhonourably 
 reported of j who alfo are for your part no 
 Icls defirous to imdcrftand the tpth, than 
 we for ours to avoid flandexD \Thereforc 
 
 ; we will knit up the matter as briefly as pof- 
 fibly may be, and declare it with fuch fhort- 
 nefs, as we may rather fceni to have lightly 
 run over the chief poiritsp than to have large- 
 ly exprefifed them, -beginning, at the Queen's 
 
 \ firft inconftancy. Ljtor as in making of her 
 marriage, her lightnefs was very headlong 
 andrafh, fofuddainly follow'd either inwafd 
 repentance, or at IcaM: outward tokens o^f 
 change of her affedion, without any caufcs 
 appearing?) }or whereas the King in former 
 time was not only neglected, but alfo un- 
 worthily ufed, at length began open hatred 
 to break out againft him, efpecially in that 
 winter, when he went to Teble with a fmall 
 train, even too mean for a private man, not 
 being fent thither a hawking, but command- 
 ed away into a corner, far frohijcounfcl, or 
 knowledge of publick affairs; Neither is it 
 
 ' ncccflary to put in writing thofe things, which 
 as they were -then as a ipedacle noted of- all 
 
 men's
 
 MARY teeen of Scots. 
 
 men's eyes j fo now, as a frefli inujge, they 
 remain imprinted in all men's heartsA And 
 though this were the beginning of all the 
 evils that follow'd, yet at the firft their pra- 
 ctices were fecret, fo as not only the com- 
 mon people, but alfo fuch as were right fa- 
 miliar and prefent at the doing of many mat- 
 ters, could not undcrftand throughly, what 
 thing the Queen then chiefly intended; 
 ' A T the laft, about the month of 
 in the year 1566, when the Queen was re- 
 turned from Dunbar to Edinburgh ', and was 
 lodged in the caftlc, me kept there till the 
 time of her travail of child. After her de- 
 liverance, immediately the fecret counfcls of 
 the intended mifchief began to break out, 
 the efFed whereof was this, To difpatch a- 
 way the King by one means or other how- 
 foever, and to marry with Botfavel: And, 
 that herfelf fhould not JDC touched with 
 fuipicion of the murder, \_jhc began fccretly,' 
 by little and little, to fow feeds of dilTen- 
 tion between the King and the Lords that 
 were- then at Court, ftill more and more 
 inflaming fhcrri, to bring the matter to deadly 
 feud. And if at any time (he efpicd the 
 fufpicibns of the One againft the other to 
 hnguifh, immediately, with new reports to 
 both parts, flre whetted them on again to 
 frefh difpleafures; pcrfuading the Nobility 
 againft the King, and the King againft the 
 Nobility, that each intended others dcftru- 
 B 2 dlonv
 
 4 ^A Detection of 
 
 diorD And fhe thought nothing fo long, 
 as to fee the matter come to ftrokcs, not 
 earing whether of them obtained the vidory j 
 for flic accounted the lofs on cither fide for 
 her advantage, as hoping thereby to advance 
 forward one degree nearer to that which flic 
 intended. Finally, In fliort time me fo fil- 
 led their hearts with mutual jealoufies one 
 againfl another, that there was not a man 
 of any reputation in the Court, but was 
 driven to this neccflity, either with difho- 
 nour to yield to rumours feigned againft him, 
 or to enter into combat with the reporters, 
 or to withdraw him home. And though 
 we mall pafs over the reft, having defire to 
 hafte to the chief point of the matter, yet 
 this one notable flanderous pradice at that 
 time, is not to be omitted : For on a time 
 when the King had been in talk with the 
 Queen, till the night was far fpent, the mm, 
 in a manner, of all her communication was, 
 that almoft all the Nobility had confpired his 
 death, and were devifmg how to difpatch 
 him. After the King's departure fronx^er, 
 flicufcnt forthwitji_iorth 
 
 __ 
 
 her brother, whoafter was Regent, with this 
 mcfiage~~Tliat the matter was Heinous, and 
 neceflarily requiring his prefence without de- 
 lay. He being irwak'd out of found fleep, in, 
 great fear, caft a night-gown over his fhirt, and 
 as he was, half-naked, ran to her in hafte. To- 
 him fhe ufed even the like talk as flie had then, 
 
 before
 
 MARY Queen of Scots. 5 
 
 before to the King, informing him, That the 
 King boiled in fuch deadly hatred againft 
 him, and took it fo difpleafantly that he Hood 
 fo highly in her grace, that he was folly deter- 
 mined, fo foon as any poffible opportunity 
 ferved, to murder him. So, as much as in 
 her lay, fhe left no means unaflay'd to fct 
 them together by the ears ; and, without all 
 doubt, had done it indeed, \if it had not been 
 God's good pleafure to deliver the innocent 
 perfons from fo perillous trcafons, and to dif- 
 clofe her wicked treachery. 
 
 WHEN this attempt failed 
 her fee aflay'd the young 
 and unexperienced Gentle- 
 man with a new Tubtil pra- 
 ftice. She earneftly laboured with him, that 
 while flie was great with child, he fhould 
 chufe him^fome young Gentlewoman, where- 
 of there was great ftore, whole company he 
 might ufe in the mean tiniejj She promifcd 
 him her aflent and furtherance, witli_pardon 
 and leave to commit the offence. \_ She na- 
 med to him the Earl of Murray's wHel not 
 for that me efteemed tliat moft noble Lady 
 moft apt for fuch a villany, but becaufe fhe 
 thought by that way to be revenged of three 
 enemies at once, the King, the Earl, and his 
 wife, and therewithal to win a colour and 
 caufe of divorce, to make empty bed-room 
 for Bothwel. \ After fhe was deliver'd of child, 
 though fhe courteoufly entertained all others, 
 
 B 3 yet
 
 Detection of 
 
 yet as oft as word was brought her that the 
 King was come to ice her, both fhe and her 
 company ib framed their ipeech and coun- 
 tenance, as if they feerned to fear nothing 
 more than that the King fhould not perceive 
 that they loath'd him," an d tnat ms coming and 
 prefence was difplcafant to them all. On the 
 pther fide, Bothwel atone was all in all ; he 
 lone was governour of all her couiiiels, and 
 all her affairs : \ And fo defirous was the Queen 
 to have her hearty affection towards him un- 
 derftood of all men, that if any fuit were to be 
 made towards her, there was no way of ipecd- 
 Injg for any man, but by Bothwel y to obtain it. t 
 ' vN o T long after her deliverance, on a day 
 very early, accompanied with very few that 
 were privy of her counfel, file went down 
 to the water-fide, at the place called the New 
 Haven-, and while all marvelled whither fhe 
 went in fuch halie, fhe fuddenly entered into 
 fhip there prcp^ed for her.: which fhip 
 \vas provided by William Blacater, Edmond 
 Blacater, Leonard Robert fon y and Thdma.$ 
 ^Dickjbn > Botbwel'z^zmmts, and famous 
 robbers and pyrates.J With this train of 
 thieves, aU''honcft men wondering at it, {he 
 betook herfclf to lea, taking not any other 
 with her, no not of her gentlemen, nor ne- 
 attendants for common honcfty. In 
 aftle, where the fiiip arrived, how fhe 
 behaved herfclf^l had rather every man fhould 
 :vitli himfclf imagine it, than hear, me declare 
 
 if- 

 
 MARY Queen of Scots. 7 
 
 it. This one thing I dare affirm, that in all 
 her words and doings, {he never kept any 
 regard, I will not fay of Queen-like majefty, 
 but not of Matron-like modefty4 The King, 
 when he heard of this fuddcu departure of 
 the Queen, followed her with all the haftc 
 that he poilibly could by land, and there 
 overtook her, in purpofc and hoping there 
 to be in her company, [and to enjoy the mu- 
 tual loving fellow (hip of marriage. But how 
 lovingly he was received of her, both all they 
 that were prcfcnt, and fuch as have heard 
 them report it, can well remember : For 
 being Icarcely fiiffered to tarry there a .few 
 hours, while his men arid horfes baited, lie 
 was enforced to get him away In hafte again, 
 on pain of further pen) As for herfelf, ihc 
 paftimed there certain days, if not in prince- 
 ly magnificence, yet in, more than princely, 
 or rather funprincely licentioiimefs) There 
 went fhe a hunting, once at the river of 
 Magat, another time at the fbreft of Gle- 
 nartits. There how coily, yea how loftily 
 and dilHainfully (lie behaved herfelf to the 
 King, what need it be rchcarfcd, for the 
 thing was openly done in all men's fight, and 
 continueth inprinted in all men's memories. 
 
 WHEN ihe was returned to Edinburgh ', 
 flic took not her lodging in her own palace, 
 but in a private houfe next adjoyning to John 
 Balfours. Thence (he removed into ano- 
 ther houfe, where the yearly Court, which 
 B 4 they
 
 8 ^A Detedion of 
 
 they call the Exchequer, was then kept : For 
 this houfe was larger, and had pleafant gar- 
 dens to it, and next to the garden, all along, 
 ia follitary vacant room. But there was ano- 
 ther matter which, more than ajjj:hefe things, 
 Specially allured her thither. [ jThere dwell- 
 hard by, one 'David Chambers, Bothivel's 
 fervant, whofe back-door adjoynxi to the 
 garden of the Queen's lodging. The reft, 
 who guefleth not? for the Queen herfelf 
 confefled the matter, both to many others, 
 and alfo, namely, to the Regent and his 
 mother. But fhe laid all the blame upon 
 my Lady Rerefe, a woman of moil vile 
 unchaftity, who had fometime been one of 
 Bothwet's harlots, and then was one of the 
 chief of the Queen's privy-chamber. By this 
 woman, who now in her age had, from 
 jhe gain of whoredom, betaken herfelf to 
 the craft of bawdry, was the Queen, as her- 
 felf faid, betray'd : For Bothwel was brought 
 through the garden into the Queen's cham- 
 ber, and there forced her againft her will for- 
 Jbqth. But how much againft her will, Dame 
 Rerefe betrayed her", time, the mother of 
 pruth, hath difclos'd $ for within few Days 
 after, the Queen intending, as I fuppofe, to 
 Jrcquite force with force, and to ravifh him 
 again, fcnt Dame Rerefe (who had herfelf 
 ^Ifq before made trial of the manYftrength) 
 bring him captive unto her highnefs. The 
 een, wi^i Margaret Carwood, a womar|
 
 MARY Qyeen of Scots. 9 
 
 privy to all her fecrets, did let her down 
 by a firing over an old wall into the next 
 garden. But in flic! , all 
 
 things cannot ever be ib . | c::, but 
 
 that fome incommodious cL. ; ., over- 
 thwartly happen: Behold, the ftncng i'ud- 
 denly broke, and down with a great noife 
 fell Dame Rerefe, a woman very heavy, both 
 by unweildy age, and mafly fubftance. But 
 fhe, an old beaten foldier, nothing difmay'd 
 with the darknefs of the night, the height 
 of the wall, nor with the fuddcnnefs of the 
 fall, up flic getteth, and running to Both- 
 wel's chamber, (he gate the door open, and 
 put of his bed, even out of his wife's arms, 
 half aflecp, half naked, fhe forceably brings 
 the man to the Queen. This manner and 
 circumftances of the deed, not only the moft 
 part of them that then were with the Queen 
 have confefled, but alfo George 'Daglijb, 
 'Botfavel's chamberlain, a little before he 
 was executed, plainly declared the fame, 
 which his confcflion flill remaineth upon 
 record. 
 
 ^ ^J N the mean time, the King being com- 
 manded out of fight, and with injuries and 
 miferies banifh'd from her, kept himfelf 
 clofe, with a few of his fervants, at Sterlin* 
 For, alas ! what fhould he elfe do ? He could 
 not creep into any piece of grace with the 
 Queen, nor could get fo much as to main^ 
 tain his daily cecefiary expences to main-, 
 
 tain
 
 io ^A Detection of 
 
 tain his few fervants and horfes; and final- 
 ly, with brawlings, lightly ariftng from eve- 
 ry fmall trifle, and by quarrels, uiuallj pick'd, 
 he was dialed out of her prefence ^_Yet his 
 heart, obftinately fixed in loving her, could 
 not be reftrained, but he muft needs come 
 back to Edinburgh, on purpofe, with all 
 kind of ferviceable humblenefs, to get fome 
 entry into her former favour, and to reco- 
 ver the kind fociety of marriage. Who once 
 again being with moft difhonourable difdain 
 excluded, returned from whence he came, 
 there to bewail his woful miferies, as in a 
 folitary defert. 
 
 WITHIN few days after, when' the 
 Queen determined to go to Jedworth, to 
 the Aflizes there to be holden, about the 
 beginning of Offober, Botkizel maketh his 
 journey into Liddefdale. There behaving 
 himfelf neither according to the place where- 
 to he was called, nor according to his No- 
 bility of race and eftimation, he was wound- 
 ed by a poor thief, that was himfelf ready 
 to die, and carried into the Caftle called the 
 Hermitage, with great uncertainty of his 
 recovery. When news hereof was brought 
 to Borthwick to the Queen, fhe flingcth a- 
 way in hafte like a mad woman, by great 
 journeys in port, in the fharp time of win- 
 ter, firft to Melrofe, and then to Jedworth. 
 There, though fhe heard fure news of his 
 life, yet her affe&ion, impatient of delay, 
 
 could
 
 MARY tyeen of Scots. 1 1 
 
 .could not temper itfelf,fE>ut needs (he muft 
 bewray her outragious Rift, and in an in- 
 .convenient time of the year, defpifmg all 
 difcommodities of the way and weather, 
 and all dangers of thieves, (he betook her- 
 ielf headlong to her journey^ with fuch a 
 company as no man of any honeft degree 
 would have adventured his life and his goods 
 among them. Thence (he returned again 
 to Jed^orth, and with moft earned care 
 and diligence, provideth and prepareth all 
 things to remove Bothwel thither. When 
 he was once brought thither, their com- 
 pany .and familiar haunt together, was fuch 
 as W&? fmally agreeing with both their ho- 
 nours. There, whether it were by their 
 nightly and daily travels, difhonourablc to 
 thcmielves, and infamous among the peo- 
 ple, or by fome fecret providence of God, 
 the Queen fell into fuch a fore and dange- 
 rous ficknefs, that fcarccly there remained 
 any hope of her life. 
 
 WHEN the King heard thereof, he haftcd 
 in pod to Jedworth, to viftt the Queen, 
 to comfort her in her weakncfs, and by all 
 the gentle fervices that he poillbly could, 
 to declare his affection aud hearty deftre to 
 do her pleafure : So far was it off, that his 
 lodging, and things ncccftary, were provi- 
 ded fon him againft his coming (as were 
 wont to be for mean pcrfons) that he found 
 not any one token toward him of a friend-
 
 1 2 <-/ Detection of 
 
 ly mind. But this was a point of mod bar- 
 barous inhumanity ufed againft him, that the 
 Nobility, and all the Officers of the court, 
 that were prefent, were fpecially forbidden 
 to do him any' reverence at all at his com- 
 ing, nor to yield him their lodging, nor to 
 harbour him fo much as for one night. 
 And whereas the Queen mfpe&ed that the 
 Earl of Munay y which afterward" was Re- 
 gent, would fhew him courtefie, fhe pra&i- 
 fed with his wife to go home in hafte, and 
 feign herfclf fick, and keep her bed, that at 
 leaft by this colour, under pretence of her 
 ficknefs, the King might be ihut out of 
 doors. Being thus denied all duties o$ civil 
 kindnefs, the next day, with great grief of 
 heart, he returned to his old folitary corner, 
 In the mean time, while the King in that 
 want of all things, and forfaken of all friends, 
 fcarce with begging findeth room in a cot- 
 rage, Bothwel, out of the houfe where he 
 was lodged before, as it were in triumph 
 over the King, was glorioufly removed, in 
 fight of the people, into the Queen's own 
 lodging, and there laid in a lower parlour, 
 diredly under the chamber were the Queen 
 herfelf lay ftck. There, while they both 
 were yet feeble and unhealed, flic of her 
 fiifeafe, and he of his wound, the Queen 
 being very weak of her body, yet vifited 
 him daily. And when they were both a 
 little recovered, and their ftrengths not yet 
 
 fully
 
 MARY Queen of Scots. 13 
 
 fully fettled, they returned to their old pa- 
 ftime again, and that fo openly, as they feem- 
 ed to fear nothing more, than left their 
 wickednefs mould be unknown.., 
 
 ABOUT the 5th day of November, be- 
 ing removed from Jedworth to a town 
 called Calco, there fhe received letters from 
 the King : Which when fhe had read in pre- 
 fence of the Regent, the Earl of Hunt ley ^ 
 and the Secretary, fhe caft a pitious look, 
 and miferably tormented herfelf, as if fhe 
 would have immediately fallen down again 
 into her former ficknefs ; and fhe plainly 
 and exprefly protefted, that unlefs fhe might, 
 by fome means or other, be difpatched of 
 the King, me fhould never have one good 
 day : And if by no other way fhe could at- 
 tain it, rather than fhe would abide to live 
 in fuch forrow, fhe would flay herfelf. 
 
 WITHIN few days after, while in her 
 return through Marchland fhe lay at Colding- 
 ham, Dame Rerefe paffed through the watch, 
 and was known, and let go. What company 
 fhe had, and whither fhe went at mat time of 
 the night, it was not unknown to the Queen. 
 From thence, about the end of November, 
 fhe came to Cragmiller, a caftle about two 
 miles from Edinburgh, there, in prefence of 
 the Earl of Murray (who afterward was re- 
 gent, and now is himfelf alfo {lain) and of 
 the Earls of Hunt ley and Argyle, and the fe- 
 cretary, fhe fell into her laid former difcourfe, 
 
 and
 
 14 cxf Dete&ion of 
 
 arid alfo added the moft commodious way/ 
 as flic thought, how it might be brought to" 
 pafs, that is, to fue a divorce againft the 
 KinglJ And fhe doubted not but that it 
 might be cafily obtained, foramiuch as they 
 were the one to the other in fuch degree 
 of confanguinity, as by the 
 CoufinGermanef. Popes law might not marry 
 together, efpeciaily (which 
 was eafy for her to do) the Bull being con- 
 veyed away, whereby the fame law wasdif- 
 penfed with. Here when one had caft a 
 doubt, that if fhe fhould go that way to 
 work, their Son fhould be made a bollard',- 
 being born out of lawful wedlock, efpeciai- 
 ly, jfith neither of his parents were ignorant! 
 of the caufes whereby the marriage fhouki 
 be void. When fhe had tofied this anfwcf 
 a while in her mind, and knew that ho 
 faitl truth, and that^he^durft not as yetdif- 
 clofe her purpofc to make away her Son, fhe 
 gave over that devife of divorce, and yet 
 from that day forward, fhe never ceafcd to 
 purfue her intention of murdering the King, 
 as may eafily be perceived by that which 
 followed. 
 
 THE King being returned fromSterlme to 
 Cragmillar, when he 'hoped to have found 
 her more gentle toward him, and her difplea- 
 furc by procefs of time fomcwhat appealed, 
 he fo found no token of change of her arFe- 
 ftion, that he was not allowed any thing for 
 
 his
 
 MARY Qyeen of Scots, i $ 
 
 his daily fuftenance, unkfs he kept him ftill 
 at Sterline. Which thing exceedingly in^ 
 creafcd the peoples fufpiciqrj otherwife of it 
 felf already enough inclineoto that judgment, 
 of the unchaft company of the Queen with 
 Bothwel. 
 
 ABOUT the beginning of December ', 
 when there were EmbafTadours came out of 
 France and EnglantLto the chrjftning of., the 
 King that now is : ^That Bothwel might be 
 feen gorgioufly arrayed among the Nobility> 
 fhe her felf laid out the money to buy him ap- 
 parel,jand fome fhe bought her felf of the 
 Merchants for him, and fhe fo applied her 
 felf, with fuch diligence in overieeing the 
 making thereof, as if fhe had been, I will 
 not fay hisWife, but even his fcrvant. In the 
 mean time, her lawful Husband, at the 
 chriftning of his own child, not only want- 
 ed, all her maintenance for his neceilary ex- 
 pences, but alfo was commanded not once to 
 come in the EmbaiTadours fight j his ordinary 
 fcrvants were removed from him j the Nobi- 
 lity were injoyned not once to attend on him, 
 nor to do him honour, nor in a manner to 
 know him : The foreign Embafladours were 
 warned not to talk with him, when as the 
 moft part of the day they were in the caftle 
 where hewasj 
 
 THE young gentleman, thus contcmptu- 
 oufly and unkindly ufed, fell in fuch diipair, 
 that he departed from Sterline and went to 
 
 Glafgov
 
 Glafcow to his Father. At his departure, the 
 Queen ftill purfued him with her wonted ha- 
 tred. All his filver plate, wherewith he was 
 ferved from his marriage till that day, me took 
 it away every whit, and appointed pewter in 
 the ftead thereof, But let this ferve only to 
 prove her contempt of him : The reft that 
 followed are evident arguments of QUtragi- 
 cms cruelty and unappealable hatred. Before 
 he had pafied a mile from Sfer/me, all the 
 parts of his body were taken with fuch a 
 fore ach, as it might eaiily appear, that die 
 fame proceeded not of the force of any fick- 
 nefs, but by plain treachery. The tokens of 
 which treachery, certain black pimples, ib 
 foon as he was come to Glafcow, brake out 
 over all his whole body, with fo great ach and 
 fuch pain throughout all his limbs, that he 
 lingered out his life with very fmall hope of 
 efcape : And yet all this while, the Queen 
 would not fufter fo much as a Phyfician once 
 to come at him. 
 
 ^ F T E R the ceremonies of the Chriften- 
 ing ended, fhe praftifed with her Brother the 
 Earl of Murray, that when he fliould go to 
 conduft the Earl of Bedford, the Queen of 
 England* Ambafiadour to St. Andrewes, he 
 fhould require Bothwel alfo to bear him com- 
 pany: Who, indeed, freely promifed fo to 
 do 5 howbeit, both he and the Queen, the 
 devifer of that diflimulation, thought no- 
 thing lefs, as the fucceis mewed. For fo 
 
 foon
 
 MARY teeen of Scots. 1 7 
 
 foon as the King was gone to Glaftow, and 
 the reft towards St. Andrewes, fhe with her 
 Bothivel, got her to 'Drumen, and from 
 thence to Tylebarn. In which houfes, they 
 fo parted the time about eight days, in every 
 corner, and in familiar haunting together, as 
 ah 1 ( faving themfelves alone, that had thrown 
 away all (name ) were highly offended with 
 their contempt and vile regard of publick 
 fame, feeing them now not once to feek to 
 cover their filthy wickednefs.^ 
 
 WHEN about the beginning of January ', 
 they were returned to Ster/zne, fhe began to 
 find fault with the houfe wherein her fon was 
 nurfed, as incommodious, becaufc it flood in 
 a cold and moift place, dangerous for bring- 
 ing the Child to a rheume. [Jut it fhall eafi- 
 ly appear, that this was done for other pur- 
 pofe, forafmuch as all thefe faults, that fhe 
 pretended were not in that houfe, but were 
 indeed in the other houfe to which the Child 
 was removed, being fet in a low place, being 
 a very Marfh. ; The Child being fcarcely a- 
 bove fix Montfis old, in the deep of a fharp 
 winter, was conveyed to Edenburgh. There, 
 becaufe the firft attempt prevailed not, and 
 the force of the poyfon was overcome by 
 firength of nature, that at length yet fhe 
 might bring forth that wherewith ihe had fo 
 long travailed, fhe entreth into new devifes 
 for the murder of the KingTj 
 
 C HER
 
 1 8 of Dete&ion of 
 
 HER felf goeth to Glafcow, me pretend- 
 th the eaufe of her journey to be to fee the 
 King alive, whofc death flic had continually- 
 gaped for the whole moneth before. But 
 what was indeed the true caufe of that jour- 
 ney, each man may plainly perceive by her 
 letters to Botfavel. Being now out of care 
 of her Son, whom fhe had in her own ward, 
 bending her fclf to the {laughter of her Hus- 
 band, tQ_Glafcoijv fhe goeth, accompanied 
 with thtlHameltons, and other the Kings na- 
 tural enemies. | 
 
 BothwetljS&h was agreed on between them 
 before) provideth all things ready, that were 
 needful to accomplifh that hainous acl ; firfl 
 of all, a houfe not commodious for a fick 
 man, nor comely for a King, for it was both 
 torn and ruinous, and had flood empty with- 
 out any dweller for divers years before : In a 
 place of fmall refort, between the old fallen 
 walls of two churches, near a few alms- 
 houfcs for poor beggars. And that no com- 
 modious means for committing that mifchicf 
 might be wanting, there was a poftern door 
 in the town- wall hard by the houfe, where- 
 by they eafily might pafs away into the fields. 
 In chufing of the place, fhe would needs have 
 it thought, that they had refpectto the whole- 
 fomcnefs thereof. And to avoid fulpicion, 
 that this was a feigned pretence, her felf the 
 two nights next before the day of the mur- 
 der, lay there in a lower room under the 
 
 King'*
 
 MART Qyeen of Scots. 19 
 
 King's chamber. And as fhe did curioufly 
 put off the fhews of fufpicion from her felf, 
 fo the execution of the {laughter, fhe was 
 content to have committed to others. 
 
 ABOUT three days before the King was 
 {lain, fhe pradiied to fet her brother Robert^ 
 and him at deadly enmity, making account, 
 that it fhould be gain to her, which foever of 
 them both had perifhed. For matter to ground 
 their dificntion, fhe made rchearfal of die 
 Speech the King had, had with her, that con- 
 cerning her Brother. And when they both 
 fo grew in talk, as the one feemcd to charge 
 the other with the lye, at laft they were in a 
 manner come from words to blows. But 
 while they were both laying their hands on 
 their weapons, the Queen feigning as though 
 fhe had been marveloufly afraid of that which 
 fhe fo earneftly defired, calleth die Earl of 
 Murray her other Brother to the parting, to 
 this intent, that fhe might either prefently 
 bring him in danger to be (lain himfelf, or in 
 time to come, to bear the blame of fuch mif- 
 chief as then might have happened, When 
 this way thefucccis fell not out as fhe defi- 
 red, fhe devifed a new way to transfer the 
 fufpition from her felf. While the Earl of 
 Mtirray did willingly keep himfelf from the 
 court, and had reafonable excufe for his 
 abfence , for that his wife being near her 
 time, was befides that always very flck : At 
 the fame time there was an AmbaHador come 
 C a from
 
 20 ^A Detection of 
 
 from the Duke of Savoy. This the Queen 
 took for a convenient colour to fend for her 
 brother : But the true caufe of her fending 
 for him was, that fhe had a defire to throw the 
 fufpition of the King's murder upon him, 
 and upon the Earl Moreton, and therewithal 
 alfo at once to procure the deftruftion of thofe 
 two, being men acceptable to the peril, and 
 likewife adverfaries to her practice, who in- 
 tended to fet up a tyrannical Government .* 
 But Gods good clemency that had oft before 
 delivered the Earl of Murray from many 
 treafons of his enemies, did then alfo mani- 
 feftly fuccour him: For upon the Sunday, 
 which was the ninth day of February, when 
 he was going to Church, to hear a Sermon, 
 a Letter was brought him, that his Wife was 
 delivered before her time, and in very fmall 
 hope of life. When he, being difmayed at 
 this fudden news, defired leave of the Queen 
 to depart $ fhe anfwered, That if the caufe 
 were fo, it were a fuperfluous journey for 
 him to go to her, being not able to do her any 
 good inherficknefs. But he being ftillthe more 
 importunate, fhe prayed him, That he would 
 yet tarry but that one night, and take his jour- 
 ney the next day to his wife. But the mer- 
 cy of God now, as at many other times, did 
 deliver that innocent Gentleman from the pre- 
 fent peril, and alfo took away the occafton of 
 flander againft him for the time to come. 
 Howbeit for all this, though there were no 
 
 caufe
 
 MARY Queen of Scots. 2 1 
 
 caufe of fufpition, yet he efcaped not free 
 from (lander: For Huntley and Bothwel, 
 though they could not juftly charge him, yet 
 laboured by infamous libels, which they 
 Ipread abroad, to diftein him with the moft 
 foul fpot of that fhameful ad. And whereas 
 the murder was committed after midnight, 
 they had before day-light caufed ( by Ipecial 
 fore-appointed meiTengers) rumours to be 
 ipread in England, that the Earls of Murray 
 and Moreton were aders of that (laughter. 
 But that rumour, fo foon as the light of the 
 truth once brake forth, fuddenly vanifhed 
 away, as other falfhoods are commonly wont 
 to do. / 
 
 W HEN all things were ready prepared for 
 performing this cruel fad, and yet all occafi- 
 ons cut off to divert the blame thereof, the 
 partners of the confpiracy, fearing left long 
 delay fhould either bring fome impediment 
 to their purpofe, or difclofe their counfcls, 
 determined to difpatch it in allhafte. The 
 Queen therefore for manners fake after fup- 
 per, goeth up to the King's lodging. There, 
 being determined to fhew him all the tokens 
 of reconciled good will, fhe fpent certain 
 hours in his cornpany, with countenance and 
 talk much more familiar than fhe had ufed in 
 fix or feven Months before. At the coming 
 in of Tarts, fhe broke off her talk, and pre- 
 pared to depart. This Tarts was a young 
 man born in France, and had lived certain 
 C 3 years
 
 c/f Detection o/ 
 
 years in the houfes of Bothwel, and Setott, 
 and afterward with the Queen. Whereas the 
 other keys of that lodging were in cuftody of 
 the King's lervants 3 'Pans by feigning certain 
 fond and (lender caufes, had in keeping the 
 keys, which Both&el kept back, of the back 
 gate and the poftern. He was in fpecial 
 truft with Bothwel and the Queen, touch- 
 ing their fecrct affairs. His coming ( as it 
 was before agreed among them) was a watch- 
 word, that all was ready for the matter. As 
 foon as the Queen faw him, flic rofe up im- 
 mediately, and feigning another caufe to de- 
 part, flic faid, alas? I have much offended 
 toward Sebaftian this day, that I appeared not 
 In a mask at his Marriage. This Sebaftian 
 was an Arvernots, a man in great favour with 
 the Queen for his cunning in Mufick, and 
 his merry jcfting, and was married the fame 
 day. The King thus left, in a manner, a- 
 lone in a defolate place, the Queen departeth, 
 accompanied with the Earls of Argyle^ Hiwt- 
 ky, andCaffi/zs, that attended upon her. Af- 
 ter that me was come into her chamber after 
 midnight, fhe was in long talk with Both- 
 wet, none being prefcnt but the captain of 
 her guard. And when he alib withdrew him- 
 felf, Bothwel was there left alone without o- 
 ther compajiy, and fliortly after retired into 
 his own chamber. He changed his apparel, 
 becaufe he would be unknown of fuch as 
 met him 1 and put on a loofe cloak, fuch as 
 
 the
 
 MARY Queen of Scots. 2 3 
 
 die Swartrytters wear, and fo went for- 
 ward through the Watch, to execute his in- 
 tended traiterous fad. The whole order of 
 the doing thereof, may be cafiiy undcrftood 
 by their confefllons, which were put to death 
 
 f+ ** 
 
 for it. 
 
 Bathwel, after the deed was ended, that 
 he wcni>about, returned, and as if he had 
 been Ignorant of all that was done, he got 
 him to bed. The Queen in the mean time, 
 in great expedation of the fuccefs, how fine- 
 ly me played her part ( as m'e thought ) it is 
 marvel to tell. For fhe not once ftirrcd at 
 the noife of the fall of the houfe, which 
 fhook the whole town , nor at the fearful out- 
 cries that followed, and confufed cries of the 
 people, ( for I think there happened to her not 
 any new thing unlocked for) till Bothwel 
 feigning himfelf afraid, rofe again out of his 
 bed, and came to her with the Earls of Ar- 
 gyle y Huntley, and Athole ; and with the 
 wives of the Earls of Athole^ and Murray, 
 and with the Secretary. There,while the mon- 
 ftrous chance was in telling, while every one 
 wondered at the thing, that the King's lodg- 
 ings was even from the very foundation 
 blown up into the air, and the King himfelf 
 (lain. In this amazednefs and confufed fear 
 of all forts of Perfons, onely that fame heroi- 
 cal heart of the Queen, maintained it felf fo 
 far from cafting her felf down into bafe la- 
 mentations and tears, unbefeeming the royal 
 C 4 name,
 
 24 -*~d Detedtion of 
 
 name, bloud, and eftate, that fhe marched, 
 or rather far furmounted all credit of th$ 
 conftancy of any in former times. This al- 
 fo proceeded of the fame nobility of courage, 
 that Ihe fet out the greater part of them that 
 were about her, to inquire out the manner of 
 the doing, and commanded the fouldiers that 
 watched to follow, and fhe her felf, fettled 
 her felf to reft, with a countenance fo quiet, 
 and mind fo untroubled, that fhe fweetly flept 
 till the next day at noon. But left fhe fhould 
 appear void of all naturalnefs at the death of 
 her Husband, by little and little, at length fhe 
 kept her clofe, and proclaimed a mourning 
 not long to endure. 
 
 "Tr H E common people, not certainly know- 
 ing~~whether fhe laughed or lamented, were 
 divided into fundry imaginationsT] ftth it was 
 perilous dealing with the difguifing of the 
 court, either in knowing it to feem to mock 
 it, or in not cunningly diflembling to feem to 
 know it. While fpme talked of one fort, 
 fome of another, in the mean time, of any 
 enquiry tQ be had of the murder, there was 
 no mention made at all. At length, the day 
 following, in the after-noon, when both 
 fhame and fear eonftrained them thereto, 
 Both^elj the principal doer of the vile ad, 
 with certain others that were privy to the 
 fame, afiTemblcd together with the Earl of 
 Argyle, for that he is by inheritance the Ju- 
 ftice to deal with crimes pumfhable by death. 
 
 Firft,
 
 MAR Y Qyeen of Scots, z 5 
 
 Firft, as though they had been utterly igno- 
 rant of all that ever was done, they begin to 
 wonder at the ftrangenefs of the matter, fuch 
 as never was heard of, and incredible. Then 
 they begin a little to be buiie about their in- 
 quiry, they fent for a few poor filly Women 
 that dwelt thereabout. Which, poor fouls, 
 (landing in doubt whether it were better for 
 them to tell, or hold their peace, though 
 they daintily tempered their fpeech, yet when 
 they had blabbed out fomewhat more than 
 the Judges looked for, they were difmuTed 
 again as fools that had but undifcretly prated. 
 For their teftimonies, though they touched 
 fome folks fhrewdly, yet they were fuch as 
 they might eafily fet light by. Then were 
 called and examined the King's fervants, that 
 were of his houfhold, fuch as were left unde- 
 ftroyed by that cruel chance. They deny- 
 ed that they had the keys in keeping. Be- 
 ing examined who had them, they faid, the 
 Queen. ' So the enquiry ( for manners fake) 
 was adjourned, but indeed fupprefied, for 
 fear left if they proceeded further, the fecrets 
 of the court might hap to be difclofed. Yet 
 left the matter fhould feem not to be re- 
 garded, out goeth a Proclamation with re- 
 wards promifed to him that could give in- 
 formation of it. /"But who durft accufe the 
 Queen ? or ( which was in manner more per- 
 rilous ) who durft deted Bothwel of fuch 
 an horrible offence : Especially when he him- 
 
 fclf
 
 2 6 c_x Detection of 
 
 felf was bojli doer, judge, inquirer, and cx- 
 amiiicrT}Ufct tjbis fear, which flopped the 
 mouths of "every man in particular, could not 
 rcftrain the whole multitude in general. For 
 both by books fct out, and by pictures, and 
 by ays in the dark night, it was fo handled, 
 that the doers of that mifchievous fad might 
 cafily underiland, that thofe fecrets of theirs 
 \verc come abroad. And when every man 
 \vas now out of doubt, who did the murder, 
 and who gave furtherance unto it, the more 
 that they laboured to keep their own names 
 undifclofcd, fo much the more the peoples 
 grudge, ( being reftrained ) broke out the 
 more openg/ Though they took upon them, 
 as if they regarded not thefe things, yet fomc- 
 time the rumours fo inwardly prickt them to 
 the quick, that they could by no means hide 
 their anger. < ...Therefore, difcontinuing their 
 fearching for the King's death,they begin a new 
 enquiry, far more earnefl, againft the Au- 
 thors of books, and the {landers of Bothwel, 
 a$ they themfclvcs termed them) Thefe exa- 
 minations were io rigoroufly put in execu- 
 on, as neither money, nor labour of men 
 nor horfcs was fpared about it All the 
 painters were called together, all that earn- 
 ed their living by writing, were aflembled, 
 to judge of the pictures and books that had 
 been fct out. And if any painter had not 
 of hishvn accord confeiied, that it was he 
 of whofe work they enquired, another that 
 
 was
 
 MARY Qyeen of Scots. 27 
 
 was not guilty thereof, but touched a little 
 with a (light fufpition, had fuffered for it. 
 was publifhed a Proclamation agree- 
 with the manner of the Inquifltiqn, 
 wherein it was made death, not only to fet 
 out any fuch matter, but alfo to read it, be- 
 ing fet out by another! But thefe perfons, 
 that with threatning of death pradifed to 
 flop the fpeech of the people., yet not fatif- 
 fied with the moft cruel murder of the King, 
 ceafed not their hatred againft him when hewas 
 dead. All his goods, armour, horfes, appa- 
 rel, and other furniture of his houfe, the 
 -Queen divided,C{ome to them that flew him, 
 andTTome to his Fathers ancient deadly foes, 
 as if they had upon attainder come to her by 
 forfeiture, and his Fathers tenants, as though 
 they had been alfo part of our conquered 
 booty, fhc fo fcrapcd, till fhe brought them 
 ina manner to extream beggervy 
 
 u T this was a ftrange example of cruel- 
 ty, and fuch as never was heard of before, 
 that as fhe had fatisfied her heart with his 
 {laughter, ib Ihe would needs feed her eyes 
 with the fight of his body flair)? For fhe 
 long beheld, and not only without gricf,but al- 
 fo with greedy eyes, his dead corps/the goodli- 
 eft corp$ of any Gentleman that ever lived 
 in this agh> And then fuddenly, without any 
 funeral honour, in the night-time, by com- 
 mon carriers of dead bodies, upon a vile Bier, 
 fhc caufed him to be buried hard by 'David 
 
 Rizo.
 
 a 8 ^d Detection of 
 
 Riz-o. When thefe doings were known a- 
 broad, and that the indignation of the peo- 
 ple had overcome the threatnings of penalties, 
 and the franknefs of forrow furmounted fear, 
 by little and little f he began to fet her face, 
 and with counterfeiting of mourning, f he la- 
 boured to appeafe the hearts of the grudging 
 people, (for where the ancient manner hath 
 been for Queens, after the death of their 
 Husbands, by the fpace of forty days, not 
 onely to forbear the company of men, but 
 alfo from looking on the open light, fhe at- 
 tempted a difguifed manner of mourning. 
 But the mirth of heart far palling the feign- 
 ed forrow, fhe fhut the doors indeed, but fhe 
 fet open the windows, and within four days 
 fhe threw away her wailing weed, and began 
 to behold both fun and open fide again. 
 But this one thing fell very overthwartly. 
 For when Henry KiUegree was come from 
 the Queen of England to, comfort her, as 
 the manner is, this Gentleman ftrangers hap 
 was to mar the play, and unvizor all the dif- 
 guifing. For when he was, by the Queen's 
 commandment, come to the court, though 
 he being an old courtier, and a good dif- 
 crcet Gentleman, did nothing haftily, yet he 
 came in fo unfeafonably, ere the ftage was 
 prepared and furnifhed, that he found the 
 windows open, the candles not yet lighted, 
 and all the provifion for the play out of or- 
 der. When of the forty days that are ap- 
 pointed
 
 MARY Queen of Scots. 29 
 
 pointed for the mourning, fcarce twelve were 
 yet fully paft, and the counterfeiting would 
 not frame half handfomly, and to difclofe 
 her true affedions fo foon me was fomewhat 
 afhamed, at length taking heart of grace un- 
 to her, and negleding fuch trifles, fhe com- 
 eth to her own byas, and openly fheweth her 
 own natural condition^ . She pofteth to Set on s 
 houfe, with a very few, and thofe not all of 
 the faddeft company. There Bothwel^ though 
 it feemed, that for the great favour he then 
 had in court , and for the Nobility of his 
 birth, and other refpeds of honour, he 
 fhould have been, next after the Queen, moft 
 honourably received, yet was lodged in a 
 chamber hard by the Kitchin. Howbeit the 
 fame was a place not altogether unfit to afTwagc 
 their forrows, for it was diredly under the 
 Queen's Chamber : And if any ludden qualm 
 of grief fhould have happened to come over 
 her heart, there was a pair of ftairs, though 
 fomewhat narrow, yet wide enough for Both- 
 wel to get up to comfort her. 
 
 I N the mean time, after the rumour here- 
 of was fpread into France, Mounfieur de Croc % 
 who had often before been AmbafTadour in 
 Scotland, came in fuddenly upon them, God 
 wot, full unfeafonably. By his advice fhe re- 
 turned to Edenburgh, out of that den which, 
 even as far as France ', was infamous. But in 
 Setons houfe were fb many commodious op- 
 portunities for her purpofe, that howfoever 
 
 her
 
 30 ^A Detection of 
 
 her good name were thereby impaired, needs 
 ihe muft go thither again. There were coun- 
 jfels holden of the great affairs of the Realm. 
 CThe end of the confultation was, that Both- 
 wel fhould be arrained of the murder, and 
 acquit by Judges thereto chofen for the ptir- 
 pofe, and conftrainej' It was concluded, 
 That the meaner ibrt^f the Judges might with 
 favour and fair promifes be led, and the reft 
 of the greater and graver fort ( whom for 
 fafhions fake they were driven to call to the 
 matter) might be drawn with fear to acquit 
 him. (tor bcfide Libels thereof commonly 
 thrown abroad, the King's Father, the Earl of 
 Lennox did openly .accufe him for principal 
 author of the murdei) 
 
 THE aifembly of the States in Parlia- 
 ment was at hand, which was to be holden 
 the thirteenth of April, before which day 
 they would needs have the arraignment difc 
 patched, uhat great hafte was the caufe, 
 why in that proceeding and Trial, nothing 
 has been done according to the form of 
 law , nothing in order , nothing after 
 the ancient ufage. There ought to have 
 been publick fummons of the accufers, the 
 next of the kin, the Wife, the Father, and 
 the Son, either to be prefent themfelves, or 
 . to fend their Proctors. The law alfo gave 
 them time of forty days. But here the Fa- 
 ther was commanded to come within thir- 
 teen days, and that without any affembly of 
 
 his
 
 MARY Queen of Scots, gi 
 
 his friends, with his own houfhold reti- 
 nue only, which by reafon of his great po- 
 verty, was now brought to a few : While in 
 the mean time Bothvuel with great bands of 
 men, daily muttered about the town. And 
 becaufe he verily believed that in fo ailiir- 
 cd peril, no man would take upon him to 
 be his accufcr, he grew to fuch a negligence, 
 and fuch contempt of law and judicial pro- 
 ceedings, that the enditement was framed of 
 a murder fuppofcd to be done the ninth day 
 of February , when indeed the King was 
 flain the tenth day. In choofing and refu- 
 fing of the Judges, the like feverity was u- 
 fed, for the murderers thcmfelves made the 
 choice of the Judges, when there was no 
 man to take exception againft them. The 
 Earl of Cafftles , willing rather to pay his 
 amercement, as the manner is, than to be 
 a Judge in the matter, when he had ftood 
 in it a while, and would not appear at the 
 Queen's requeft and menacing, yea, though 
 fhe fcnt her ting for credit both of her earn- 
 ed prayer and threatning, at length, con- 
 ftrained with fear of exile and punifhmenr, 
 he yielded. Jhere fate the Judges, not cho- 
 fen to judge, Slit picked out to acquit The 
 caufe proceeded without any advcrfary : A 
 Trial in a matter of life and death, when 
 ihere was never an accufer, but fuborned by 
 the party accufed>. So as a man might well 
 think it not the trial of a caufe in, a court, 
 
 but
 
 3 2 ^A Detection of 
 
 but the playing of an enterlude upon a 
 ftage, 
 
 IN all this fearlefnefs of all things, yet be-- 
 hold, I pray you, of what force is the tefti- 
 mony of confcience on either fide. Sud- 
 dainly, unlooked for, there ftarteth up a young 
 |man of the Earl of Lennox houfe, in whom 
 me refpeft of duty vanquifhed the fear of 
 danger. This young man made an open 
 proteftation, that the fame aflembly of Judges 
 was not lawful, becaufe in their proceeding, 
 there was nothing done according to law 
 nor order,; At this faying the Judges were 
 all ftricken in fuch a fear, that they all, by 
 and by, with one accord made proteftation, 
 with provifo, that it fhould not hereafter be 
 prejudicial to them, in that they had acquit- 
 ted a prifoner whom no man accufed, and 
 that they had acquitted him of a murder 
 alledged to be committed the ninth day of 
 February, when the King was flain the tenth 
 day. This is that fame noble tryal and judg- 
 ment, whereby Bothwel was, not cleanfed 
 of the crime, but as it were wafhed with 
 Sowters blacking, and fo more comly pre- 
 pared to go a wooing to wed the Queen, and 
 fo to become a Husband to her greater fhame, 
 than when he was before an adulterer.' .. To 
 make up yet the full perfection and encreafe 
 of this jolly acquital, there was fet up a 
 writing in the moft notorious place of the 
 court, that though Bothwel had by juft trial 
 
 and
 
 MA H Y Qjteen of Scots. 3 g 
 
 and judgment been lawfully cleared and ac- 
 quitted of the murder, whereof he had been 
 falfly accufed, yet for more manifeft decla- 
 ration of his innocency to the whole world, 
 he was ready to try it in combat, if any 
 man 'of good fame, and a gentleman born, 
 would charge him with the murder of the 
 
 THE next day after, there was one that 
 fet up a bill in open place, and offered to 
 accept the combat, fo that there might for 
 the battel be fuch a place appointed, wherein 
 the party might fafely without fear difelofe 
 hjs name. 
 
 VjV H i L E matters and mens affedioris werd 
 in tfiis ftir, the Parliament aflfembled. There 
 after they had for eight days together, in 
 manner done nothing but treated of rever- 
 fing the judgment, whereby the Earl Huntlfs 
 father had been attainted of treafori, and 
 for reftoring the fbn to his father's pbiTeili- 
 ons and honours : There were alfo certain 
 plaufible things granted to pleafe the Peo- 
 ple, and fpecially for the church, namely 
 |he repealing of certain laws of Popi/h Ty^ 
 ranny, made for punifhing of fueh as durft 
 once mutter againft the decree of the See 
 of Rome. > Though thefe things were ac- 
 ceptable among the commonalty, yet there 
 remained one thing which no lefs vexed the 
 the Queen, than offended the people, that 
 is to fay, her company with Bothwelj no* 
 D alto-
 
 Dete&ion of 
 
 altogether fo openly as fhe would fain have 
 had it, and yet not fo fecrctly, but that the peo- 
 ple perceived it, for that all mcns eyes were 
 gaping upon them. For whereas Bothwelhad. a 
 Wife of his own, and to tarry for a divorce, 
 was thought an overlong delay,and in the mean 
 time the Queen could neither openly avow to 
 have him, not fecrctly enjoy him, and yet in 
 no wife could be without him ; fome fhift, 
 though not an honeft one, yet a fhift, for- 
 footh , muft be deviled 5 arid when they 
 could- not think upon a better , it feenicd 
 to them a marvellous fine invention, god 
 wot, that Bothwel mould ravilh and take 
 away the Queen by force, and fo fave 
 her honour. So within a few days after, 
 as the Queen was returning from Sterlme, 
 Bothwel forceably took her by the way, and 
 carried her to T)unbar : Whether with her 
 will , or againft her will, every man may 
 eafily perceive by her own letters, that fhe 
 wrote to him by the way as fhe was in her 
 journey. But howfoever it were, that the 
 wrong of the ravifliment might be defaced 
 with honeft colour of marriage, 'JBot towel's 
 wife was compelled in two courts to fuc 
 a divorce againft her husband. 
 
 BEFORE Judges delegate, appointed by 
 the Queen's authority to have jurifdidion 
 in fuch caufes, the Wife accufeth the Hus- 
 band of adultery, which with them was a 
 juft caufe of divorce, Vgefore popifh Judges, 
 
 who
 
 MARY *jHyeen of Scots, 
 
 >who indeed by law were forbidden, yet by 
 fpecial difpenfation of die Bifhop of St. An- 
 drew, were for the hearing of this caufe only 
 permitted : Botfawe/wis accufed, that before 
 his marrige with his Wife, he had committed 
 fornication with his wife's near kinfwoman : 
 Howbcit all this while they kept clofe the 
 Pope's Bull, by which the fame offence was 
 difpcnc'd with? The divorce was pofted for- 
 ward without any flacknefs either in the wit- 
 ncfles, or in the Judges. Within the fpace 
 of ten days, the matter was taken in hand, 
 began, and intended, joyned unto, tryed and 
 judged before both the companies of Judges. 
 When the fentence of divorce was given, 
 and fcnt to T>unbar , Bothiiuel by and by 
 affembleth together from all parts, all his 
 friends, his fervants, and retainers, to con- 
 vey to Edinburgh the Queen, who would 
 then needs take upon her to be a Prilbner. 
 
 WHEN that they were thus gathered to- 
 gether, the moft part of them in armour, 
 by the way, as they were conducting the' 
 Queen, many of them were fuddcnly ftricken 
 in fome fear, left, in time to come, the/ 
 might be charged for holding the Queen as 
 Prifoncr ;' and although there Were no other 
 evidence, yet this one thing would be proof 
 enough againft them, that in time of peace 
 they were found armed about her. While 
 they were in this doubt, in the niidft of their 
 journey, they all threw away their launces, 
 D a- anj
 
 A Detection of 
 
 and in more peaceable array, at lead in fliewy 
 they conveyed her to the cattle of Eden- 
 burgh, which caftle was allb the lame time 
 at nothwel's commandment. There me tar- 
 ried with Bothwel, while the banes were pub- 
 liihing. Then flie came down out of the 
 caftle into the town, to the common af- 
 lembly of the Judges, and there pronounced 
 her felf to be tree at her own liberty. And 
 fo at length, within eight days, {{he fmifhed 
 that unmatrimonial Matrimony, all good men 
 fo far detecting, or at leaft grudgingly fore- 
 judging the unluckey end thereof, that Mon- 
 fieur de Croc, the French King's Embafiadour, 
 a man very well affedione-d to the Queen* 
 one of the fadion of the houfe of Guife, 
 and fojourning very near to the place, though 
 he were earncftly required, yet he thought he 
 could not with his honour be prefent at the 
 fcaft. 
 
 THESE things were done about the twen- 
 ty fifth of May, in the year of our Lord, 1597. 
 The twenty-fifth day of June following, 
 Bothwel, being either difmaid with a guilty 
 confcience of the vile Fad:, or fent away by 
 the Queen, me came her felf to the Lords 
 of the realm , who earneftly required the 
 publick King-murderer to be brought 
 forth to due execution. What hath been 
 done fincc, pcrtaineth not much to this 
 prefent matter. And though my ipeech 
 have been, perhaps, longer than you looked 
 
 for,
 
 MARY <)yeen of Scots. 37 
 
 for, yet I plainly perceive in my felf, that, 
 while I feek to make an end of my talc, I 
 have omitted, and many things for hafte I 
 have but lightly touched 5 and nothing have 
 I, according to the heinoufncls of the offence, 
 folly exprefied. 
 
 An Oration^ with a Declara- 
 tion of the Evidence again/I 
 MARY the Scottilh ^ueen : 
 'wherein is^ by neceffary Ar- 
 guments, -plainly prov'd, that 
 Jhe was guilty and -privy of 
 the faid Murder. 
 
 E E I N G thefc things are by writings 
 and witneffcs fo probable, and ftick 
 ib faft imprinted in the knowledge 
 of all the people, that fuch as 
 would have them moft hidden, cannot deny 
 them: \What place is here left for cunning, 
 or whaf need can be of diligence, to prove 
 or reprove a thing fo plain and evident >'., 
 For all things are fo clear, fo manifcft, and 
 fo mutually knit together, each part to flrcng- 
 D 3 then
 
 A Detection of 
 
 then other, that there is no need of foreign 
 probations 3 and all things fo fully witncfled, 
 that there is no neceility of other argumcnts7 
 For if any will ask me, as in other matters is 
 us'd to be ask'd, the caufes of fo foul a fact, 
 J might alfo likewife ask of him,[ Jith the 
 time, the place, the deed, and the author is 
 fufficiently known, to what purpofe is it to 
 jftand upon fearching the caufes, or to en- 
 quire by what means it was atchievcd ? A- 
 gain, when there be extant fo many caufes 
 of hatred, and fo many tokens thereof, which 
 do offer themfelves to knowledge, as may 
 well be able to bring even things uncertain 
 to be believ'd, furely fo far-fetch J d an ex- 
 plication of the ad committed may right 
 well feem fuperfluous) Neverthelefs, for as 
 ' much as : fo great is the impudence of the 
 vile offenders in denying, and fo confident 
 the boldncfs of impudent peripns in lying, 
 let us aflay to fee with what weapons truth 
 is able tp defend innocency againft thofe 
 wicked monfters. If then they demand the 
 caufc of fo heinous a deed, I anfwcr, It was 
 iinappcafable hatrccL_ \ I demand of them 
 again, if they~c|n deny that fiich hatred was, 
 pr that the fame hatred was fo great, _as 
 without blood .could not be latisfied? If 
 they , deny that fucjri hatred was, then let 
 them anfwer me, AVhy fhe, a young wo- 
 man, rich, noble, and finally a Queen, thrufl 
 from her, in a manner, the young 
 
 Gen-
 
 MARY Queen of Scots. 39 
 
 Gentleman into exile, he being beautiful, 
 near of her kin, of the blood royal, and 
 (that which is gre'atcft) entirely Jloving her, 
 in the deep of fharp winter, into places 
 neither fruitful of things neceflary, nor re- 
 pleniuYd with inhabitants, and commonly 
 perilous, being haunted with thieves?: Why 
 lent me him away into defart and craggy 
 mountains, without provision, into open pe- 
 rils, and in a manner without any compa- 
 ny l What could me more have done, if 
 flic had moft deadly hated him, and cove- 
 nanted to have him difpatch'd ? But, I trow, 
 me fear'd nQjlich thing. But that voidnefs 
 of fear, \I conftrue to be a note of moft 
 obftinate hatred, especially fith fnc both knew 
 the places, and was not ignorant of the dan- 
 gers^/ That husband, therefore, to whom 
 fhe was but lately married, againft the liking 
 of her fubjefts, againft the will of their 
 friends on both fides, without whom fhc 
 could not endure, whom fhe fcarcely diirft 
 luffer out of her fight ; him, I lay, fhe 
 thruft forth to uncertain death, and mod 
 ccriain perils. 
 
 \W ILL ye ask of me the caufes of the 
 change of her affection ? What if I fay, 1 
 knew them not ? It fufficeth for my purpof c 
 to prove that me hated him. What if 1 
 ask again, why fhe fo extreamly loved the 
 young man whom me never faw before > 
 Why fhe To haftily married him, and fo un- 
 D 4. mcafiirably
 
 4Q A Detection of 
 
 mcafurably honour'd him ? jSuch are the na- 
 tures of fome women, efpecially fuch as 
 cannot brook the greatnefs of their own 
 good fortune 5 they have vehement affcdions 
 both ways 5 they love with excefs, and hate 
 without mcafurc; and to what fide foever 
 they bend, they are not govcrn'd by advis'd 
 'rcaibn, but carried by violent motion. I 
 could, out of the monuments of antiquity, 
 jehcarfe innumerable examples ; but of her- 
 fclf, I had rather believe herfelf. 
 
 CALL tQ mind that part of her letters 
 to Bothivel, wherein fhe maketh herfelf 
 Medea^ that is, % woman that neither in love 
 nor hatred can keep any mean. I could 
 alfo allcdge other caufes of her hatred, al- 
 though indeed not reafonable caufcs, yet fuch 
 as are able to move forward, and to pufh 
 headlong an outragious heart which is not 
 able to govern itfelf. ;, 
 
 BUT herein I will forbear : And, if her- 
 felf will fuffer me, howlbever fhe hath de- 
 fcrv'd of her fubjefts, yet, fo much as the 
 common caufe will permit, I will fpare her 
 honour ; yea, I will fpare it more than the 
 caufe will allow me. 
 
 THEREFORE I omit her other caufes 
 of hatred, and return to this ; that fhe hated, 
 and not meanly hated him, 
 
 W i L L, you fee alfo another proof of her 
 hatred -v~he tender Wife, forfooth, fo loving 
 arid foncTof him, when fhe could not 4<> 
 
 him
 
 MARY Queen of Scots. 4.1 
 
 him the duty of a wife, offereth to do him the 
 fervice of a bawd : She made choice of her own 
 brother's wife to put to him in her place.J 
 
 WHAT fhall we think to be trie caufe 
 of this fo fudden change ? She that of late 
 gapingly fought for every fmall breath of 
 fufpicion againfl her Husband, and, where 
 true caufes were not to be found, fhe in- 
 vented fuch as were manifeftly falfe ; and 
 this fhe curioufly did, not when fhe lov'd 
 him, but when ihe had begun to hate him j 
 and while fhe was. nihing for . occafions to 
 be divorc'd from him, even fhe, I fay, of 
 her own accord, offereth him a lover, dc- 
 clareth her own contentation therewith, and 
 promifeth her furtherance^ 
 
 W HAT can we imagine to be the caufe 
 hereof? Was it to plcafe her Husband? No, 
 for fhe hated him 5 and although fhe loved 
 him, yet fuch manner of doing in a woman 
 is uncredible. Was it that he, knowing 
 himfelf likewifc guilty of adultery on his 
 part, might the more willingly bear with a 
 partner in ufe of his Wife ? No, for he-bare 
 with all perforce againft his will. jWas it 
 to find caufe of divorce, and fo to drive 
 him to leave his bed empty for Bothivel? 
 Yea, that was it indeed that fhe fought for, 
 but yet not that alone ; for in this woman 
 you mufl imagine no fingle mifchief. ^She 
 hated the Earl Murray's Wife, even with 
 fuch hatred as all uuhoneft pcrfo.ns hate the 
 
 honefl.
 
 A Detection of 
 
 honcffry The differences of their two fames 
 much -Vexed her, and therewithal alfo fhc 
 coveted to fet the good Lady's Husband, and 
 the King together by the ears, and fo rid 
 herfelf of two troubles at once. 
 VT H u s you fee how many and how great 
 things me pradis'd to difpatch, with one 
 labour, her Paramours enemy, the bridler 
 of her licentioulhcfs, and her own hated 
 Husband, fhe hopeth to rid all at once; 
 while, by fuch fundry forts of wicked do5 
 ings, file maketh haftc to her moft wicked 
 wedding. 
 
 To what end tended that fearful hafty 
 calling for the Earl Murray, at midnight ? j 
 Could fhe not tarry till day-light ? What was" 
 the occafion of fo fuddain fear ? The good 
 Woman, god- wot, careful for the concord 
 of the nobility, dearly loving her Brother, 
 and moft dearly loving her Husband, was 
 afraid, forfooth, left her Brother fhould, in 
 the night, have been alTaulted by the King, 
 )iii flic herfelf had difarm'd. Difarm'd, 
 faid I ? yea, fhe had disfurniili d him of all 
 convenient company for his eftate, and made 
 him to be (hsken up with a woman's fcold- 
 ing, and that by one of her own train, one 
 was pail all ihame, and of proftitute 
 
 i 
 
 j 
 
 .. E fcar'd much, left the young Man, 
 dciUmtc of friends, befct with all forts of 
 s, fhould make aifault in the night- 
 time.
 
 MARY <tyeen of Scots. 4.3 
 
 time. Upon what perfon ? The Queen's 
 Brother, a Man of great reputation and power, 
 and in higheft favour with all eftates. And 
 where fhould he have aflaulted him? In a 
 moft ftrong caftle ; whereupon the deed 
 being done, neither was way for him to flee, 
 nor means of refuge to the Queen's mercy. 
 For what caufe fhould he aflail him ? there 
 was no enmity between them, but fuch as 
 fhe had fow'd. What fay you, if (he coveted 
 that thing moft, which fhe moft feign'd her- 
 felf to fear : For to what purpofe elfe fent 
 fhe for her Brother to come to her in the 
 night-time, unarm'd ? Why did fhe not ad- 
 vile him of this one thing at leaft, that be- 
 caufe he was to pafs by, and hard by the 
 King's door, he fhould in any wile put on 
 his armour ? Why did fhe not either fore- 
 warn him of the danger, or de^cr the calling 
 of him 'till next morning? [No, no, (he 
 had a more fubtil purpofe in hand. She had 
 but newly fent the King away, inflamed (as 
 fhe hoped) with hatred of the Earl of Mur- 
 ray. So thought fhe it not unlikely, but that 
 the King, kindled with frefh difpleafure, rafti 
 by fervour of youth, lightly believing her 
 by cxcefs of love, would have adventured 
 to flay his iiippofcd enemy, naked, unac- 
 companied and unarmed. So fent fhe the 
 King raging in anger to commit the (laughter, 
 and pradiied to draw the Earl of Murray 
 naked, unaccompanied, unwarned, to be 
 
 fud-
 
 44 A D.ete&ion of 
 
 fuddenly trap'd in treaforiV This was her 
 meaning, this was her defire. But wicked 
 counfds, how fubtil foever they be, are not 
 alw-ays prosperous. 
 
 WHAT meant this, that after her delive- 
 rance of Child, at which time other Women 
 ' v do chiefly comfort themfelves in the loving- 
 .ricfs of their Husbands, and confcfs that they 
 iind fome eafc of pain by fight of them, (he 
 y$" at the fame time driveth her Husband away ? 
 What elfe fhall we fay Ihe meant thereby ; 
 but, as the Poet faith, for pure love, god- 
 wot, lhe fhut him out of doors. But this 
 tender Creature, that either fhuttcth out her 
 Husband, or as foon as he is come chafcth 
 him away again, whofe ftomach turned at 
 the fight of him, who is fuddcnly taken with 
 pangs at his prcfcncc, when {he was in the 
 pinnace amongft pirates and thieves, flic 
 could abide at the poop, and be content 
 to handle the boifterous cables. Now 
 ask I^-whom fhe loved, and whom Hie ha- 
 ted? iEor that at Aloe fhc drove away the 
 cumbcrfome interrupter of her paftime ; that 
 again, when he came to her at Edinburgh, 
 fhc rejcdcd him, I blame her not) I am 
 content to believe fhc did it not for hate to 
 her husband, but for her fancy's fake ; that 
 again at Jedworth fhe fuifer'd him not to 
 come at her, let it be borne withal 5 for 
 not without caufe {he feared, left the force 
 of her iickncis would encreafe at light o 
 
 him,
 
 MARY Qyeen of Scots. 
 
 him, \vhofc death me fo earneftly dciircd. 
 TTiat flie gave fpecial commandment that 
 no man mould lodge him, no man fhould 
 relieve him with meat or drink, that fhe in 
 a manner forbad him the ufe of fire and 
 water : This is undoubtedly a token of out- 
 ragious hatred* B ut itfeemeth me feared the 
 very infection of her Husband, if he were in 
 any place near her. That fhe fent him back 
 from Cragmtllar to Sterline} I complain not. 
 But that fhe bereaved him of all his neceflaries', 
 that fhe took him from his fcrvants, that fhe 
 abated the allowance of his expences, that 
 fhe alienated the Nobility from him, that fhe 
 forbade ftrangcrs the fight of hirny and (as 
 much as in her lay ) took from him, even 
 while he lived, the ufe of heaven, earth, and 
 air : This,, I fay, I know not what to call 
 it, unnaturalnefs, hatred, barbarous fierce- 
 ncfs, or outragious cruelty? That when 
 we went from Stfrlsne, fhe took,_away all 
 his Plate, let it be pardoned, .'.for what 
 need had he of'fdver, that carried with 
 him prefent death in his bofom ? But this 
 I befeech you to confider, what great in- 
 dignation/-^' all men it hath kindled, that 
 when tlio^King, poor foul, made hard fhift 
 to live in defolation, fbrrow, and beggery, 
 whilft that Bothivel, like an Ape in purple, 
 was triumphantly Chewed to the Embafladours, 
 of foreign Nations^even that fame partner 
 of her Husband's bed, not fo much for the 
 
 love
 
 A Dete&ion of 
 
 love of himfelf, as for defpight of her Huf- 
 band^as carried abroad, fet out with all kind 
 of ornaments, even that adulterous partner, 
 I fay, that neither in birth, nor in beauty* 
 nor in any honeft quality, was in any wife 
 comparable with her difdained Husband. 
 Now let them deny that here were tokens 
 of hatred. 
 
 BUT how great, and how unappeafable 
 this hatred was, even by this ye may gather. 
 Her Husband fo oft {hut out, fo oft fent a- 
 way with delpight, driven to extream pover- 
 ty, banifhed into a defolate corner, far from 
 the court, far from the prefence of men, 
 fpoiled of his fervants and houfhold furni- 
 ture, bereaved, in JL manner, of his daily ne- 
 ceflary fuftenance, < yet by no injuries can be 
 fhaken from her, by no fear of death can be 
 withdrawn, but with ferviceablenels and pati- 
 ence he aflayeth, if not to overcome, yet at 
 leafl fomcwhat to aflwage the violent cruel- 
 ty of her unkind courage.] In the mean time, 
 what doth this good gentlewife, this merci- 
 ful Queen, that is at the beholding of men's 
 miferies fo kind and pitiful ? Neither is fhe 
 once moved with the loving doings, nor with 
 the wretched plight, nor with the miferable 
 wofulnefs of her Husband, nor appeafed by 
 time, nor fatisfied with torments, but rather 
 with his ferviceablenels fhe is irritated, with 
 his humble prayers fhe is more inflamed, and 
 at every time of his coming {he devifeth fome 
 
 new
 
 MARY Queen of Scots. 4.7 
 
 new encreafe of ipightfiil difhonour : Where- 
 in, when fhe had fpent the uttermoft of all 
 her force, wit, and bitternefs of nature, when 
 fhe faw the poor young Gentleman, neither 
 to give over by fainting, being opprefied with 
 poverty ; and though he were defpifed of all 
 men, and fo often thrown into open perils, 
 neither to defpair, nor otherwiie, more cru- 
 elly, to make away himfelf ; at length, as it 
 were glutted \yjth the fight of his miferici 
 and torments, \lhe determined prcfently to 
 rid him of his calamities, herlelf of iik- 
 fomnefs, and her adulterer from fear, and 
 fo ? by certain fpecial perfons thereto appoint- 
 ed, fhe caufed him to be poylbned, that being 
 abfent from her, he might fo die with lels 
 fufpicion^ But of the poyfon I will fay more 
 in another place. 
 
 W H E N this practice framed not fully to 
 her defirc, [Jhc goeth her felf to Glafcow , 
 that whom being abfent me could not kik\ 
 flic might herfelf in prefence fatisfie botli 
 her cruel heart,- .and her eyes with fight of 
 his prefent miferies. > And, as if herfelf a- 
 lone were not fufficient to execute the cruel 
 tormenting of him, fhe bringeth into his 
 fight minifters of her heinous doings, and his 
 ancient natural enemies, and with thefe out- 
 rages travelled to vex his foul at his laft breath. 
 But wherefore gather we arguments, as in a 
 doubtful cafe, when fhejieiielf will not mf- 
 fcr us to doubt at all ? \ She, the Queen ner- 
 
 ielf,
 
 48 'A Detedion of 
 
 fclf, I fay, openly proteftcd, not to her lover In 
 bed, not among her confederates in fecret 
 chambers, nor before few and mean Perfons 
 of eftate, apt to flattery, conftrained by po- 
 verty, or of purpofc affcdioned $ fhe her fclf* 
 I fay, openly confefled, that me could not 
 live one good day, if fhe were not rid of the 
 King 5 and that not once, nor unadvifedly, 
 but in prefence of thofe Perfonages whom 
 fhe ufed to call to counfel in the weighticft 
 afFairsT^For it cannot be faid, unadvifedly flip- 
 ped from her, that was fo oft fpoken, in fb 
 many, fo far diftant places, with tears always 
 added, to move credit, before men nota- 
 ble, both for their nobility, wealth, and 
 wifdom, and wherein me declared her own 
 opinion, pradifed to win their affent, and 
 hearkened for their advices. But be it that 
 fhe forged all thefe things; be it that her 
 tears were feigned 5 let them not believe it 
 that heard it ; let the greatncis of the out- 
 rage make the report uncrediblc. I my felf 
 alfo would gladly be one of that number, to 
 think thefe things uttered by her, rather to 
 groap the minds of others, than that me her 
 jfelf fo thought in her heart, if it were not 
 fo, that the thing it fclf confirmed! the re- 
 port, that the outragioufnefs of the doings far 
 furmounteth all bitternefs of utterance. 
 
 WHEN he was preparing to depart from 
 Glafcow, fhe caufed poifon to be given him. 
 You will ask, by whom? In what manner? 
 
 What
 
 MARY Qyeen of Scots. 49 
 
 What kind of poifon ? Where had (lie it ? 
 Ask you thefe qweftions ? As though. wicked 
 Princes ever wanted Miniftcrs of their wick- 
 ed treacheries.^ But ftill you prefs me per- 
 haps, and ftill you ask me who be thefe Mi- 
 niikrs ?\ JFirft, that poifoned he was, it is cer- 
 tainly known : For though the lhamelefnefs 
 of men would not ftick to deny a thing fo 
 manifeft, yet the kind of difeafe, ftrange, 
 unknown to the people, unacquainted with 
 Phyficians, efpccially fuch as had not been in 
 Italy and Spain, black pimples breaking out 
 .over all his body, grievous aches in..alLJiis 
 limbs, and intolerable ftink difclofod it] If 
 this caufe were to be pleaded before grave 
 Cato the Ccnfor, all this were eafie for us 
 to prove before him that was perfwaded, 
 that there is no adulterefs, but the fame is alfo 
 a poifoncr. Need we feek for a more fub- 
 ftantial witnefs then Cato, every of whofe 
 fentences antiquity cftccmed asfo many Ora- 
 cles ? ; : Shall we not in a manifeft thing believe 
 him whofe credit hath in things doubtful 
 fo oft prevailed ? Lo here a man of finga- 
 lar uprightncfs, and of moft notable faith- 
 fulnefs and credit, bcareth witnefs againft a 
 woman burning in hatred of her Husband, 
 and in love with an adulterer, and in both 
 thefe difeafes of corrupt affcdions unbridled, 
 untemperable by her eftate, raging by her 
 power, and indulgently following the wan- 
 tonnefs of her wealth. But let us omit old 
 and difcufled things, and let us fever the 
 E credit
 
 $o c/f Dete6tion of 
 
 credit of inconftant multitudes from the eafe 
 of Princes. Let us in fo great a matter ad- 
 mit no witnefs, in whom either his eftate 
 may be fufpefted, or his manners may be 
 blamed. What witncflcs then fhall we ufe I 
 For by this condition, we may bring forth 
 none under the royal degree of a King or 
 a Queen. 
 
 BUT fuch vile afts are not wont to be 
 committed by noble and good men, but by 
 lewd and wicked Miniftcrs, Hmvbeit that 
 herein alfo the moft precifc may bs fatisfied, 
 goto, let us brrngjprth a royal witncfs. Read 
 her own letter yjher letter ( I fay ) written 
 with her own fend. What mean thcfe 
 words ? He is not much deformed, and yet 
 he hath received mttcfc\ Whereof hath h@ 
 received much ? The thing It felf, the difeafe, 
 the pimples, the favor do tell you. Even that 
 much he received, that^ brought deformity, 
 forfoothj very poifon. vBut her letters name 
 not poifon^ This is fufficient for me, that 
 it is there faid, that though he received much^ 
 he is not much deformed, 01% though he be not 
 much deformed, yet he received much. What 
 meaneth this word yet ? NJV'hat elfe but this, 
 t : hat whatsoever it was that he received, the 
 fame was the caufe of his deformity, which 
 though it were much, yet was it not fo much 
 as to work fuch deformity as was defired. 
 But be it, it were not poifon. What then 
 was it elfe ? You can find nothing that can 
 with convenience of reafon be named in place 
 
 f
 
 MARY ^ueen of Scots. t 
 
 of it. Finally whatsoever it be that is meant 
 by this word muck, [It is fuch, as fhe her felf, 
 in fo fecret and familiar a letter, dare not call 
 by the right name. Yea, and though we would 
 ^mift it off by cavillous expounding, yet me 
 her felf will not fuffer us. Compare that 
 which went before with that which follow- 
 eth, and by her device and purpofe for time to 
 come, ye fhali eafily underftand, what it is 
 that me hath done in time pafL ; Firfl me 
 faith, it is needful that he be purged-, then 
 fhe determined! to carry him to Cragmtllar, 
 where both the phyficians, and ( which is 
 more dangerous than any phylician ) fhe her 
 felf may be prefent. Finally me asketh coun- 
 fel of Botb'jvel, whether he can devife any 
 fecreter way by medicine, than that at Crag- 
 millar, and after a Bath. See how all things 
 hang together. He hath received much, he 
 muft be purged, and at Cragmillar -, that is, 
 in a defolate corner, in a place, by reafon of 
 fmall refort, very apt for a mifchief to be 
 committed. Atid Medicine he muft ufe, and 
 what* forfooth ? Even the fame whereof he 
 had before received much. How fhall that 
 appear ?TShe will have the manner of mini- 
 ftringthe medicine to be fecret. If it be to 
 heal him, what needs that fecrecy ? Why is it 
 not adminiflred openly, in a known and po- 
 pulous place t. Now he is eafed of his fick- 
 nefs, lufty and healthy* why is he purged in 
 an unufual manner, and in an uninhabited 
 cornej:? \jjut perhaps it was a ftrangekind of" 
 E 2, difaefe.
 
 Dete&ion of 
 
 difeafc, it had need of ftrange remedies. 
 Phyficians then called me to counlcl? To 
 whom is this charge committed to feck out a 
 medicine and curing for the King ? Forfooth, 
 to the King's enemy, to the Queen's adulterer, 
 the vileft of all two footed beafts, whofe 
 houfe was in France defamed for poifoning, 
 and whofe fervants were there for the fame 
 caufe, fome tortured, fome imprifon'd, and 
 all furpedecir/ When was he appointed to re- 
 ceive this noDlc medicine? Either at his ba- 
 thing, where he mould wafh alone, or after 
 his bathing where he fhould fup alone. So for- 
 iboth are medicines accuftomcd to be provid- 
 ed by enemies, in a fecret place, without wit- 
 "nefles. <f hat therefore while an adulterer, an 
 adulterefs, and the partner of his Wife's body, 
 curioufly prcpaireth, and fecretly miniftreth ; 
 what medicine this is, let every man with 
 himfclf weigh and confidcr. By this time, I 
 fuppofe, you fee the hatred of the Queen, 
 'how unappeafeable, how outragioufly cruel, 
 ho_w obftinate it was againft her husband, 
 whom .me thruft among thieves, whom ihe 
 pra&ifed to match in feud and battel with the 
 Nobility and with her brethren, who were 
 both naked and poor, loden with dcfpights, 
 vexed with railings, alfailcd with poifon, me 
 drove him away into a folitary corner, there 
 to die with the cxtrcameft tormenl. Now 
 Ict^iis proceed to the other caufes. 
 XHIS hatred itfelf was of itfelf fufRcient 
 to prick her forward to her enemies {laugh- 
 ter,
 
 MARY Queen of Scots. $ 3 
 
 ter, often fought, once attempted, and al- 
 moft atchieved. Yet was there befides, a 
 ftronger enforcement, itfelf able to enflame 
 her hatred, I mean the love wherewith me 
 intemperately fancied Bothwel: Which love, 
 whofoever faw not, and yet hath feen him, 
 will, perhaps, think it incredible. For what 
 was there in him, that was of a woman of 
 any honcft countenance to be defired ? Was 
 there any gift of eloquence, or grace of 
 beauty, or virtue of mind, garnifhed with 
 the. benefits, which we call, of Fortune ? 
 y\s for his eloquence and beauty, we need 
 not fay much, fith they that have fc.cn him 
 can well remember both his countenance, 
 his gate, and the whole form of his body, 
 how gay it was : they that have heard him, 
 are not ignorant of his rude utterance and 
 blockifhncfs. But you will fay, he was in 
 executing attempts, wife and politick ; in 
 adventuring of perils, hardy and valiant ; in 
 free-giving, liberal ; in ufc of pleafurcs, tem- 
 .perate. For wifdom, even they that be moil 
 affectionate unto him, dare not charge him 
 with it. Of valiantncfs indeed he laboured 
 to win fomc eftimation, but among horfe- 
 mcn, on a fwift ftccd well mounted, well 
 provided for his own fafety ; a beholder of 
 other Men's fighting, fomctime hardly cha- 
 fing them that fled ; but his face toward him 
 near at hand, he never durft abide. Will ye 
 have an example of his excellent valiantncfs ? 
 Qf a thief, a notable coward, whom being 
 E 3 yield-
 
 Detection of 
 
 yielding, and unawares he had deadly wound- 
 ed, he was thrown down to the ground, 
 hurt, bruifcd with dry ftrokes, and had been 
 quite (lain, if the poor thief's ftrength, be- 
 ing ready to die, had not failed him. .1 could 
 rehearfe his glorious vain braggeries in France ', 
 I could tell of his laft fearful flight as far as 
 to ^Denmark y but I had rather rub up the 
 remembrance of that day, when the Queen, 
 forfaking him, came to the Nobility, that 
 protefted to revenge the flaughter of the King. 
 The armies flood ready in array, Bothwel in 
 in number of Men was equal, in place had 
 the advantage $ there flood before him, to 
 be his reward, being vanquisher, a Queen 
 much fancying, and entirely loving him j a 
 kingdom, wealth, and honour, for him and 
 his pofterity $ moreover, impunity for hi$ 
 offences part, extream liberty to do what he 
 lift for time to come, ability to advance his 
 friends, and be revenged of his enemies : 
 And on the other fide, if he were vanquifh- 
 ed, difhonour, poverty and banifhment 5 fi- 
 nally, all things that thereafter happened, or 
 hereafter may happen, were then before his 
 eyes. There were alfo prefent, befide the 
 two armies, beholders and witnefTcs of each 
 man's valiantnefs and cowardice, the Queen, 
 the price of the battcl, and Monfieur de 
 Croc, the Embaflador of France. Now you 
 look to hear how this magnifical boafter 
 of valiantnefs did acquit himfelf. Firft, be- 
 ing mounted upon an excellent horfe, he 
 
 came
 
 MARY Qgetn of Scots. 5 5 
 
 came bravely before the army. There the 
 man, forfboth, very iparing of his Country- 
 men's blood, and lavifh of his own, calleth 
 for one to try it with him by combat, man 
 to man : And when there were many on 
 the other fide, of honourable birth and c- 
 ftates, that offer'd to accept the combat, by 
 .and by his violent heat cool'd, and his glo- 
 rious fpeech quailed ; and had it not been 
 that the Queen, as it were fome God out 
 of a ginn in a tragedy, had by her autho- 
 rity taken up the matter, and forbidden her 
 pretty venerous pigeon to give battel, he 
 had fail'd to find, not only a mean, but 
 alfo an honeft colour to refufe to fight, 
 and jb the combat was interrupted ; yet 
 in the joyned battel he behaved himfelf fb 
 valiantly. Forfboth, the firft man, almoft 
 at the beginning, and alone, he ran his way, 
 and fb at length drew the reft of his part 
 to flee after him. 
 
 BUT his defaults in martial feats, perhaps 
 the man was fupplied with civil virtues : 
 Alas ! what were theyj_-or what virtues could 
 be look'd for in him \ A man for the moft part 
 brought up in the Bifhop Murray's palace, to 
 wit, a moft wicked corrupt houfe, in drun- 
 'kenncfs and whoredoms, amongft moft vile 
 iiiiniftcrs of diflfolute mifbrdcr. After that 
 he was grown towards man's c'ftate, at dice, 
 and among harlots, he fo wafted a moft good- 
 ly large revenue of his inheritance, That (a* 
 the Pact faith) at his need he had not left 
 E 4
 
 $ 6 of DetedHon 
 
 wherewith to buy him a halter to hang 
 himfelf. He, I fay, that defiled not only 
 other men's houfes with cuckoldry, but alfo 
 his own with inceftuous villany. 
 
 THIS man therefore, when I fay to have 
 been beloved of the Queen, and not only 
 loved, but alfo outrageoufly and intemperate- 
 ly loved, they that know it not, will, per- 
 adventure, think, that I tell wonders. But 
 fome man, perhaps, will lay, Was there none 
 other in all the troop of the youth of Nobi- 
 lity, befide him, more worthy to be beloved? 
 Certainly there were very many. \ And one 
 there was, in all things that were wont to 
 allure love, of all other moft excellent, even 
 her own HiisbaridT] What was it then that 
 joyn'd fo unequal love, and fo far againft rca- 
 fon ? If I fhall fay it was likenefs of conditi- 
 ons, I fhall name a likely caufe of love, tho' 
 to fome men, perchance, it may fcem an 
 untrue caufe of their love. Neither jam I 
 willing to enter into that difcourfc. ; Nei- 
 ther do I affirm the rumours fpread of her 
 in 'France, in time of her firft marriage : 
 Howbeit the wickedneffcs of the reft of Tig: 
 life make_fome proof that they role not all 
 of nothing^ And many things that have been 
 hoifed of ner fince her return into Scotland , 
 I have no mind to believe. As for my part 
 I am content they be buried in forgetfulnefs, 
 or if that cannot be, let them be taken for 
 falfe and feigned. Neither is it necefTary, 
 
 over-
 
 MARY ^ueen of Scots. 57 
 
 over-curioufly to examine caufes in love, 
 which is ufually fo carried with a rafh violent 
 motion of a muddy and troubled mind, that 
 for the moft part it endeth in madnefs, which 
 if ye labour to govern by difcreet advice, ye 
 do nothing elfe but as if ye fhould endeavour 
 to be mad with reafon. But yet here there 
 want no caufes, or there was in them both 
 a likenefs, if not of beauty, nor outward 
 things, jooj of virtues, yet of moft extream Ay- 
 vices. She a young Woman, fuddenly ad- 
 vanced to the higheft degree of authority, 
 when flie had never feen with her eyes, heard 
 with her ears, nor coniidered in her heart the 
 form of a Kingdom governed by Law, and ^ 
 thereto was furniftied with the untemperate ^ 
 counfels of her Kinfmen, who themfelves 
 practifed to fet up a tyrannous rule in France, 
 endeavoured to draw right, equity, laws and 
 cuftoms of Anceftors to her only beck and 
 pleasure."""! 
 
 O F fnTs immoderate defire, there burft out 
 from her many times, many words difcloiing 
 it. This {he ftudied day and night ; but a- 
 gai^ift this defire, there withftood the cuftom 
 of the country, the laws and ftatutes, and 
 principally the confent of the nobility, who 
 remaining fafe, flic could never attain it. /"To 
 the end therefore that me might be able vio- 
 lently to atchieve it, fhe determined by force 
 to remove all that flood in her way/ But flic 
 
 wift
 
 5 8 <_/ Dete&ion of 
 
 wift not well, by what means, or by whofe 
 help to attempt it. 
 
 FRAUD was the way to work it, for o- 
 therwife it was not pofllble to be obtained,. 
 For this purpofc, therefore, Bothwel only 
 leemed the litteft man, a man in cxtream 
 poverty, doubtful whether he were more vile 
 or wicked, and who between factions of fun- 
 dry religions, defpifing both_/idcs, counter- 
 feited a love of them both. He, when he 
 had once before offered th Hamilton* his 
 fcrvice to murder the Earl Murray, gave there- 
 by a likelihood, that upon hope of greater 
 gain, he would not ftick to adventure fome 
 greater cnterprizc, being one whom the ruin 
 of his own decayed family prick'd forward 
 headlong to mifchief, and whom no relpecl: 
 of godiinefs or honefty reftrain'd from ungra- 
 cious actions. As for exceflive and immode- 
 rate ufc of lechery, he therein no lefs fought 
 to be famous, than other men do fhun dif- 
 honour and infamy. jShe therefore, a woman 
 greedily coveting untempered authority, who 
 cfteem'd the laws her prifon, and the bridle 
 of juftice her bondage, when fhc faw in her 
 husband not metal enough to trouble the ftate, 
 fhe picked out a man for her purpofe, who 
 'neither;. had wealth to lofc, nor fame to be 
 itaincd 5, even fiich an one as fhc might ca- 
 fily overthrow again,- if flic fhould once grow 
 weary of him 5 \fuch a one as /he might 
 cailly fnare liis incontinence with wanton 
 
 ai-
 
 MARY Qyeen of Scots. 59 
 
 allurements, fatisfy his need with money, and 
 bind his aflurednefs to her with a guilty con- 
 fcience, confederate in mifchieg. Thefe be 
 the fountains of that fame, not unmeafurable, 
 but mad love, infamous adultery, and vile 
 parricide, wherewith, as with r a_ pledge, that 
 bloody marriage was plighted. (JTheie there- 
 fore were the caufes of enterprizing that hei- 
 nous ad, to wit, unappeafable hatred of her 
 husband^and intemperate love of her adul- 
 terer. [There was, moreover, a hope, that 
 the crime might be diverted from them to 
 other, and the execution for it might be laid 
 upon the poor lives of their enemies, and 
 that men moft guiltlcfs of the fault might be 
 thruft in their place, as facrirkes to appeafe 
 the people's difpleafure : If not, to what end 
 then ferved that battel which was almoft ber 
 gun to be fought between,, the King and the 
 Lord Robert her brother ? jTo what end tend- 
 ed thofe feeds of difcord that were fcattered 
 between the King and the nobility ? Where- 
 fore did (he fo curioufly intreat the Earl Mur- 
 ray to flay with her jhe day before the mur- 
 der was committed ?. Or what caufe was there 
 to fend for him ? i There was an EmbafTador 
 come out of Savoy.' For what caufe > Sure- 
 ly it muft needs be a great caufe, and fuch 
 as could not be ended without the aflembly 
 of the nobility. No, God wot. ThcEm- 
 balfador of Savoy, being bidden too late to 
 the chriflening, came when all was ended, 
 
 not
 
 (fo <-/f Dete&ion of 
 
 not for an Embaflador to the chriftening, 
 but as one fent to excufe the neglecting of 
 doing that kindnefs, when both he liked not 
 to fend fo far for fo fmall a matter, and he 
 was fomewhat afhamed to have failed in pre- 
 fence, when the frenchmen and Englishmen 
 had already done it. For the more honoura- 
 ble difmiffing of him, the Earl Murray was 
 fent for, and that with fundry meftengers, 
 to- come from his wife that lay a-dying. 
 What need was there then of his prefcnce ? 
 To draw him to be a party in confpiracy of 
 the (laughter ? Why was it never atternpted 
 before ? Thought they it beft then at the laft 
 point, at the very inftant when the murder 
 fhould be committed, to joyn him to their 
 fellowfhip, as a light man, inconftant, and 
 fruiting his purpofes at every moment of time> 
 infamous in his former life, and not well' 
 affurcd in his prefent eftate?/ No, there is 
 none of thefe things that they yet dare fay 
 of him. Seeing then they cannot imagine 
 a fallc caufe to Hay him, what was the true 
 caufe indeed every man may eafily gather j 
 even the fame that caufed firft the Earl of 
 Atholy and afterwards him to depart from 
 the court 5 the fame that (o brought him in 
 danger of death ; the fame that had flandcr'd 
 him with falfe rumours fcatter'd in England ; 
 the fame that perfecuted him with infamous 
 libels of the murderers themfclves 5 the fame 
 that made him to chufe rather to go into 
 
 banifh-
 
 MARY lyeen of Scots. 6i 
 
 banifhmcnt, than to remain in court among 
 ruffians weapons, with great peril of his 
 life. , 
 
 BUT what availeth this equity of the caufe 
 before hearers, either utterly ignorant of the 
 matter how it was done, or of themfelves 
 diflavouring this part 5 are envious, or apt to 
 be carried away with feigned rumours $ which 
 efteem the {landers of moft lew T d flight per- 
 fons for true teftimonies, and give credit to 
 thefe men, who boafting, at home, that they 
 are able to do what they lift, yet neither dare 
 commit their caufe to the lentence of the 
 judges, nor were able to defend themfelves 
 in battel ? And as by a guilty gonfcience of JV 
 offences they feared judgment ^ fo by rage/)/ 
 grown of their guiltinefs, they run headlong 
 to battel, and from battel run cowardly a- 
 way>^And now again, when {landing upon 
 the advantage that they have both in num- 
 ber and wealth, they fcorn the wifdom of 
 their adverfaries, and defpife their power in 
 comparifon of their own ; yet diftrufting to 
 prevail by true manhood, they fall to robbe- 
 ry, and turn their ungracious minds, to flan- 
 dering, cavclling, and lying, whom but yet 
 for the good will that I bear to my Country- 
 men, I would advifc to ceafe from this folly, 
 or fury, or difeafe of evil fpeaking, left in 
 time to come, when truth fhall fhine out, 
 they fhut up and ftop with hatred of them 
 thofe perfons ears to their petitions, whom 
 
 now
 
 6i ^A Dete6Hon of 
 
 now they fill and load with falfe rumours, 
 for there will not always be place for forgive- 
 nefs : But as darknefs at the fun (hilling, fb 
 lies at the light of truth muft vanifh away. 
 
 A s for the commodious means for com- 
 mitting that vile fad:, and the hope of hiding 
 it, I need not to purfue the declaring of them 
 in many words, fith both the eafinefs to do 
 it, the opportunities of places* and all advance- 
 ments of occafions and fealbns were in their 1 
 own power : And to hide the fact; what need- 
 ed they ? When they feared no punifhmcnt 
 although it were publifhed ?.. for what pu~ 
 nifhment could they fear in To ftrong a con- 
 Ipiracy? %hen both the force of Laws$ 
 whereof themfelves were Governors, was ut- 
 terly extinguifhed, and the minds of the moft 
 part of men were either fnared with parner^ 
 fhip of the mifchievous fad, or carried with 
 hope, or foreftalled with rewards, or difcou- 
 raged and bridled with ./car of fo great a 
 power on the other part ? But howfoever this 
 be, yet it will be good to fee throughly both 
 the order of the doing, the unadvifcdnefs , 
 inconftancy, and end of their dcvifcs. For 
 thereby (hall ye perceive, that there wanted 
 not defire to hide the fad, but that the fury of 
 a diftrafted mind overthrew all the order of 
 their counfels, while fomctime, as defirous 
 to beguile publick fame, they endeavoured 
 to keep clofe their intended mifchief, yet 
 they dealt therein fo openly, as carelefs of 
 
 thek
 
 MARY Queen of Scots. 6% 
 
 their cftimation, they feemed to make fmall 
 account how men judged of their doinlk 
 j?or at his preparing to go to Glafcow, me? 
 poifon was given him fecretly, and they 
 thought they had fuifickntly well provided 
 that he fhould in his abfence from them, be 
 confumed with pining ficknefs. But the reft 
 of their dealings toward him were fo cruel- 
 ly handled, that though his difeafe fhould 
 have happened to be natural, yet it would 
 have been fufpefted for poiionins;. 7 FojrJie^V''^' 
 her Husband, the father of her only~and firft- ^ 
 born, child ; the father, I fay, of that fon, , 
 whofe chriftning was folemnized with that 
 great pomp and glory, being efcaped away, 
 in a manner, naked out of his houfe flaming 
 In fire, tormented by the way with grievous 
 pain, when he lay at Glafcoip, of a dange- 
 rous iicknefs, likely to die, what did his ex- 
 cellent good wife the while } What did fhe ? 
 At the firft news of it, did fhe haft to him in 
 poft ? Doth fhe with her prefence, with her 
 friendly familiar fpeech, or with her loving 
 countenance comfort him in ficknefs ? When 
 fhe cannot ftay him in life, cometh fhe to re- 
 ceive his laft breath ? Clofeth fhe his eyes at his 
 dying? Doth fhe the^t5ther kind duties of 
 honcft matrons > No. < But fhe that had now 
 let him efcape to go and die, and hoped that 
 he could not linger out his unhappy life 
 much longer, fhe goeth a quite contrary way 
 into another country in progreis, and, with 
 
 her
 
 Dete&ion of 
 
 her fair Adonis, fhe vifitcth noblemen's houfes, 1 
 and ftaincth the houfes that harbour'd them 
 with the fpots of their unchaftities ; and juft 
 about the time of her husband's death (as ihc 
 gucfs'd by the ftrength and working of the 
 poyibn) fhe returns to Sterlm. When the 
 matter wrought not fo faft as fhe expeded^ 
 (for the ftrength of his youth had wreftled 
 with the forenefs of his pain ) ' left fhe 
 fhould fccm to have altogether forfaken her 
 duty, file daily prepares to go to Glafcow> 
 but never goeth. At the laft, difappointed 
 of the hope that fhe had conceived in her 
 heart, fhe taketh herfelf to other devices. 
 She cometh to Edinburgh, and there calleth 
 to counfel her adulterer, and a few other, 
 privy of thofe fecrets : There they decree, 
 that in any wife the King muft be (lain. '' Vet 
 were they not fully advifed with what kind 
 of death he fhould be murder' d ; which may 
 cafily be gather J d by her JLetter, wherein me 
 partly comparcth herfelf to Medea, a.bloody 
 woman, and a poy foiling witch. A lib by 
 another of her Letters, wherein fhe asketh 
 advice about the poyfoning of hini^ The 
 King, who had already tafted of her lovely 
 cup, doubting whether he were better any 
 more to believe her flattering fpeeches, or to 
 fear the fhrewdnefs of her nature, tho' fome- 
 timcs he defpair'd not of her reconciliation, 
 yet was evermore fearful and fufpitiorrST But 
 when he faw that neither his life nor his 
 
 death
 
 MAUY Queen of Scots, 
 
 death were in his power, he was conftrain'd 
 to purls; up his paft injuries, to diflemble 
 his prefcnt fear, arid to feigri hirhfelf ibme 
 hopes for time to come v So was he led out; 
 not as a husband; but carried out as a corfc, 
 9T_rather drawn, as it were, to the fnafnblesi 
 (the Queen, glorioufly fhewing herielf in 
 pompous manner, gocth before in triurhpli 
 over the young Gentleman, vexed with all 
 kind of mifcrics, tormented with poyfon, 
 entrapped with treafons, and drawn to exe- 
 cution. There follows after the triumphant 
 earr, the antient enemies to his father's houfe, 
 brought thither on piirpofe, that they allo 
 might_ feed their eyes with that woful fpeo- 
 tacle j/ and, whole death, at hand, they look'd 
 for,~they might in the mean timejake plea- 
 fure of the forrow of his heart. (^And, tha't 
 no ceremony of folcmn facrifTces^niight be 
 wanting, John Hamilton, Archbifriop of 
 St. Andtewii was prefent as their pried, a 
 man before defiled with all kind of wickcd- 
 nefs, pampered with the fpoils and murders 
 6f his countrymen, -an Q44-eonquetor of ma- 
 ny murdering Victories, j The people all along 
 the way, looking piteoufly^ jh'ew'd a' fore- 
 telling of no good luck to come.] The Queen's 
 eompanrbns could neither tell their fadnefs, 
 nor hide their gladncfs; when the heinous 
 outrage of the vile fa& intended, held thek 
 unmeafurablejoy in fufpence, upon expefta* 
 of the fuccefs; Thus led they him to 
 F Edin*
 
 66 A Dete&ion of 
 
 Edinburgh, not into the Queen's palace. Why 
 foTJLeft the infection of the pcftilent difeafe, 
 fbrlooth, might hurt her young fon 5 as tho' 
 they that be poyfoncd w^re alfo to be fhun- 
 ned for fear of infedion. LBut the truer caufe 
 was this, left his prcfcncc mould trouble 
 them, in interrupting their free enjoying 
 their plea%es^'' and their confutations about 
 his murder. Whither then is he led ? Into 
 the moft defolatc part of the town, fome- 
 time inhabited, while the pojnfh pricil s king- 
 dom lafted, but for certain years paft with- 
 out any dweller ; in fuch a houfe, as of it- 
 felf would have fallen down, if it had not 
 been botched up for the time to ferv 7 e the 
 turn of this night's facrigoSj Why was this 
 place chiefly chofcn ? They pretended the 
 wholcfomnefs of the air.Njp good God! 
 going about to murdcxjier husband, fceketh 
 fhe for a wholefom air ?JTo what ufe ? Not 
 to preiervc his life, but to refervc his body to 
 torment. Hereto tend her wifely, diligent 
 attendance, and her laft care of her husband's 
 life. She feareth left he fhould, by prevent- 
 ing death, be delivered from pain, fhe would 
 fain have him feel himfclf die. But let us 
 fee what manner of wholefomncfs of air it 
 is. (is it among dead men's graves to feek 
 the prcfcrving of life ? For hard by there were 
 the mines of two churches^ On the eaft-fidc 
 a monaftry of dominick fryars : On the weft 
 a church of our Lady ; which, for the deib- 
 
 latenefs
 
 MARY Qyeen of Scots. 6j 
 
 latcnefs of th*-place, is called The church 
 in the field: [On the fouth-fide the town- 
 wall ; and in the fame, for commodious pa 
 fage every way, is a poftem-door^ fon the 
 north-fide are a few beggars cottages, ready 
 to fallj which fometime ferved for flews for 
 certain priefts and monks, the name of which 
 place doth plainly difclofe the form and na- 
 ture thereof, for it is commonly call'd Thieves 
 Lane.^ There is never another houfe near, 
 but the Hamilton* houfe, which is about a 
 Jftone's caftdiftant, and that allb ftood void. 
 i^Thither removeth the Archbifhop of St. An- 
 Ore&s, who always before was ufed to lodge 
 in the moft populous parts of the town : He 
 alfo watched all that night that the King was 
 flainp Now I bcfeech you, fith you cannot 
 -vsdth your eyes, yet at leaft with your minds 
 ^.behold, a houie lately of old priefts, among 
 graves, between the mines of two temples* 
 itfelf alfo ruinous, near to the thieves haunt, 
 and itfelf a receiver of thieves, not far from 
 the fort and garriibn of his enemies, that ftood 
 right over-againft the door 3 by which, if 
 any man mould flee out, he could not efcape 
 their traiterous ambufliment. The very fhape 
 of this place, when you confider it in your 
 mind, when you hear of the mines of chur- 
 ches, graves of dead men, lurking corners of 
 thieves, brothel-houfes of harlots 5 doth not, 
 I fay, not the houfe only, but alfo every 
 part near about it, feem to proclaim jnif- 
 F 2 chief
 
 A Detection of 
 
 chief and treachery!- Seemcth here a King! 
 to have gone into" a houfc for lodging, or 
 to be thruft into a den of thieves ? Was not 
 that defolate waftenefs, that unhabitcd place, 
 able of itlclf to put funple men in fear, to 
 make wilcr men fufpitious, and to give 
 \vicked men Ihrewd occasions ? What meant 
 his enemies unwonted' repair into thofc parts* 
 and watching all night, in manner, hard at 
 his gate > Why chofe he now this place for 
 his lodging againft his former ufagc > The 
 houfe,. ye will fay, was empty, and his bro- 
 ther's. houfc, and near to the King's lodging. 
 It was empty long before ; why lodged you 
 never there before? Why forfook you the 
 populous places in the heart of the city, and 
 nearncfs to the court, and thruft yourfclf in- 
 to a defolate comer ? What profit, what 
 commodity, what pleafurc herein rcfpcft 
 you ? Was it your meaning, that you, being 
 one that ever had been a greedy covctcr of 
 popular fame, and catcher of courtiers with 
 baits of good chear, now would of youD 
 own accord go hide yourfclf in a blind 
 hole out of all company and rcfort ? that 
 you, rather overwhelmed than laden with 
 plenty of benefices, went thither to delight 
 your heart in the ruinc of temples > But^be 
 it that your coming thither was but by 
 chance, and that you had fome caufcs to- 
 go thither, though not true, yet fomewhac 
 likely. 
 
 WHAT
 
 MARY ^een of Scots. 
 
 WH A T meant your unwonted watching 
 all night ? What meant the fearful murmur- 
 ing of your fcrvants that night, whom yet 
 in that publick tumult you commanded, not 
 once to ftir out of doors ? But what caufe 
 had they to go out? Was it to have un- 
 derftanding of the matter whereof your fclf 
 were an author and devifcr? No, for out of 
 your own watch- tower, you heard with your 
 ears the nolle of the ruin, you law the fmoak 
 and alhcs with your eyes, you drank up the 
 joy thereof in your heart, and the favor of 
 -the gun-powder you in a manner muffed up 
 at your nofe. Perhaps you meant to fend 
 out fome to receive them that fled ; but you 
 faw no man flee. And therefore the lights 
 that were feen out of the higheft part of your 
 houle all the night long ; were, as upon the 
 lucky aiding of the thing that you looked 
 for, even then fuddenly put out. 
 
 BUT let us return to the King. / They 
 thought it not enough to have let open the 
 poftern in the wall, to let in thieves thereat, 
 nor to have fet an ambufh before the door, 
 that none fliould efcape, but alfo they kept 
 with thcmfelvcs the keys of two doors, the 
 one of the lower room, where they had un- 
 dermined the wall, and filled the holes with 
 gunpowder, and the other of the upper room, 
 that the murderers might come to the King 
 in his bed. Then of tliofe few fcrvants that 
 IK: had, they withdrew the greater number, 
 F 3 ban-
 
 jo A Detection of 
 
 being fuch as were before fet about him, not 
 fo much to do him fervice, as to be fpies of 
 his fecrets, and carry news to the Queeri. The 
 Jaft that was left , one Alexander T)uramy 
 when he could find no reafonable excufc tq 
 art, was thruft out by the Queen her felfc, 
 in the mean time, meaning not to fail 
 n playing her part, while Bothwel is in pre- 
 paring the tragical ftage for the murder, daily 
 vifiteth the King, his heart pailioned with 
 love, fometimes fhe comforteth with fweet 
 promifcs, fometimes fhe vexeth with braw- 
 lings, and ftill keepeth his wit occupied with 
 fufpicions,and rightly reprefenteth in aftion the 
 poet's fable, wherein is feigned, that 'Prome- 
 theus his liver daily growing to invent new 
 torment^ is daily k'nawn and preyed upon by 
 an Eagle 1 For after the very fame manner, 
 fometimes fhe cherifhcth and rcfreiheth the fil- 
 ly young Gentleman, to no other end, but 
 that he may have life remaining to fuffer more 
 forrows. 
 
 Now, I bcfecch you every one, think 
 with your (elves upon the frcfh doing of the 
 fccr, how mens hearts were moved, when 
 even now thefe things cannot- be heard re- 
 ported without indignation. | Inhere was pro- 
 
 #4sLizEJth^ 
 
 his wife's adulterer, a houfe, 
 
 in manner fevered from all concourfc of peo- 
 ple, fitter for a flaughtcrhoufc, than for mans 
 dwelling : It is provided for a young Gentle- 
 
 man
 
 MARY Queen of Scots. 7 1 
 
 man, improvident by youth, cafie to be trap- 
 ped in trealbn by love, fpoiled of his lervants,- 
 forfakcn of his friends? [A houfe ( I lay ) torn, 
 folitary, on every fide, not allb unclofc, but 
 open to pals through, the keys thereof in his 
 enemies cuftody, no man left within but a 
 young man, not yet recovered of ficknefs, 
 and an old man feeble by age, and two ftran- 
 gers unacquainted with the places, matter and 
 perfons, no man dwelling near but his ene- 
 mies and liiifvpjh "Rut ft? for Hnnge r of thieve, 
 
 cd^orflTchgd left him nothing to allure a 
 thkf withal ; And_as_for his enemies, fhc had 
 appQintcd_therr?to^Fbut lookers on. _and not 
 part-players^ in this tragedy ; but thc-glory of 
 the facFTEc rcferved to her felf and Both- 
 
 WHAT in the mean time doth the Queens 
 great caremlncfs? What mcaneth her un- 
 wonted rcfort ? Whap4icr malicious, and not 
 obfcquious diligence fc^he vifitcth him daily, 
 fhe prolongeth her talk with him many hours 
 together, two nights (lie rcftcth in a lower 
 chamber under him, ( if guilty confcicnce of 
 moft heinous doings can from torments of fu- 
 ries fuffcr that outragious heart to reft at all. ) 
 She feared much, left if the lower place~or 
 the houfe were left empty, the nolle of the 
 undcrmincrs working, and of the bringers in 
 of the powder, fhould bring fome of the fer- 
 vants into fomc fufpition of treachery^ Bc- 
 F 4 fide,
 
 A Detection of 
 
 de, fhe had a mind to fee the thing done 
 her felf, rather than to commit it to the trull of 
 any other. She had a defire to take a fore- 
 taft of the joy to come, and when fhe could 
 not with her ears, yet at leaft with her heart, 
 to conceive aiorehand the fire, the fmoak, the 
 powder, the crack of the houfe falling, the 
 fearful trouble, the tumult, the confuioi dif- 
 Hiaidncfs of the doprs, the thieves, and the 
 pcoplc.,\AlitIungs thus prepared fqr that dole- 
 ful night, t^en entreth fhe into the laft care of 
 her gpod fame : She endeavourcth to divert 
 qll fufpitipns from her, fhc gocth to her huf- 
 band, fhe kifleth him, (lie giveth him a ring 
 for a pledge of her love, fhe talkcth with him 
 mor<p lovingly than fne was wont to do, and 
 promifcth more largely? fhe feigncth that fhe 
 had -a great care of his health, and yet her com- 
 panying with her adultprer me furceafeth not. 
 THEY that more nearly noted thele things, 
 prognofticatcd no gppd thing to come. \JFor 
 how much greater tokens that the Queen, 
 fhcxved of reconciled affection^ ib much the 
 rnor^ cruelty did every man in his heart fore- 
 conceive of all her intentions .Tor clfe whence 
 cometh that fuddcn change, fo great care for 
 him, whom fne had ppiioned the montli be- 
 fore, whom even lately fhe not only wifhed 
 dead, but dcfircd to fee him die j whofc death 
 ilic fct her brother, yea, both her brethren to 
 procure 5 and fhe, like a mafter of mifchief, 
 j hruft forth the King to fight, and hcrfelf in 
 
 the
 
 MARY H&een of Scots. 73 
 
 the mean time prepared for his burial? Not 
 paft a few months before, flic her felf was de- 
 firous to die, bccaufe ihe loathed to fee the 
 King alive. Whence comcth now this fud- 
 den care of his health ? I looked fhc fhould 
 fay, fhc was recojiciled to him. Were you 
 reconciled to your husband, whom you fcnt . 
 away into that defart, that camp of furies, as 
 the Poet calleth it? For whom, among 
 Brothel-houfes of harlots, among beggers 
 cottages, among thieves lurking-holes, you 
 prepare4 a houfc fo open to pafs through, that 
 you left therein more entries than men to 
 {hut them ? You that allured and aflembled 
 Ruffins to his {laughter, and thieves to his 
 ipoil ? You that drove away his fervants that 
 fnould have defended his life ? You that thruft 
 hirn out naked, alone, unarmed, among 
 thieves, in danger to be flain ? \When in ail 
 this miferable ftate of your husband, your a-* 
 dultercr in the mean time dwelt in your 
 palace, daily haunted your Chamber, day and 
 night all doors were open for him, whilft your 
 poor husband, debarred all company of the 
 nobility, his fervants forbidden to come at 
 at him, or lent away from him, was forfaken 
 and thruft away into a folitary defart, for a 
 mocking ftock, and I would to pod, it had 
 been for a mocking ftock only ? jOf his other 
 fervants 1 enquire not. I do not curioufly 
 qucftion why they went away, why they then 
 efpecially forfook the King, when he chiefly 
 
 need-
 
 74 ^ DetedHon of 
 
 needed their help and fervice, when he was 
 newly recovered ? When he began to go a- 
 broad, and had no other company. Of Al- 
 exander ^Duram I cannot keep filence, whom 
 you had for his keeper, and your fpy. What 
 was therefor him to efpy? Was there any 
 thing for him to bring news of to an honeft 
 Matron, loving to her Husband, faithful in 
 wedlock, and fearful of a partner of his love ? 
 Beared fhe left he, a young Gentleman, beau- 
 tiful, and a King, fhould caft wanton eyes 
 upon fomc other woman in her abfence ? No, 
 God wot. For that was it that ihe moft defi- 
 rcd. ^ For fhe hcrfelf had praclifed to allure 
 him thereto before, fhe herfelf had offered 
 him the occasions, and of herfelf {hewed him 
 the means. This was it that moft grieved her, 
 while f he was feeking cauics of divorce, that 
 Ihc could not find in hiiu.fo much as any 
 (lender iufpition of adultery. Why then were 
 Ipics fct about him to watch him ? Was it not 
 that none of the Nobility, none of his fcr- 
 vants, nor any ftrangcr at all fhould come at 
 him, that no man fhould fpeak with him, 
 that might difclofc the trcafon, and forewarn 
 him of his danger? This fame very Alexan- 
 der, how carefully fhe favcth, when fhe go- 
 cth about to kill her husband ? How late fhe 
 fcndeth him away, when the reft were gone, 
 even at the very point of her husband's death, 
 when fhe had now no more need of efpials ? 
 For the day before the murder was committed, 
 
 there
 
 MARY Queen of Scots. 7 5 
 
 there was none of the miniftcrs that were 
 privy to her leci;et counfels left behind, but 
 only Alexander.'^ He, when he faw that 
 night, no lefs doleful than fhameful, to ap- 
 proach, prepareth, as himfelf thought, a fine 
 fubtle excufe to be abfent, ib as rather chance 
 might feem to have driven him out, then he 
 himfelf willing to have forfaken his Mailer. 
 He putteth fire in his own bed-draw, and 
 when the flame fpread further, he made an 
 out-cry, and threw his bedding, half finged, 
 out of the King's chamber. But the next 
 day, when that excufe ferved not fo handibm- 
 ly as he deftred, for that in die Queen's hear- 
 ing, the King very fweetly entreated him not 
 to leave him alone that night, and alfo dc- 
 fired him to lie with himfelf, as he had often 
 ufcd to do, for the King entirely loved him 
 above all the reft j Alexander in perplexity, 
 wanting what to anfwcr, added to his firft 
 excufe, fear of ficknefs, and pretended, that 
 for commodious taking of Phyfick for his 
 health, he would lie in the town. When 
 this would not yet fervehim, the Queen added 
 authority, and told the King, That he did 
 not well to keep the young man with him 
 againft the order of his health, and there- 
 withal me turned to Alexander , and bade 
 him go where was beft for him : And forth- 
 with, as foon as the word was fpoken, he 
 went his way.\ I will not here prccifely trace 
 out all the footings of thcfc wicked doings ; 
 
 neither
 
 7 6 A Detection of 
 
 neither will I curioufly enquire, whether that 
 former days fire were happened by cafualty, 
 or kindled by fraud. ^Neither will I ask why 
 he that had fo often been received to lie in 
 the King's own bed, doth now this only night 
 fpecially rcfufe it. Let us fuppofc that fick- 
 nefs was the caufe thereof. This only one 
 thing I ask, what kind of fi-cknefs it was, that 
 came upon him at that very inftant, and be- 
 fore morning left him again, without any Phy- 
 iicians help, and whereof neither before, nor 
 ilnce, nor at that prefent, there ever appeared 
 any token ? But I truft, though he hold his 
 peace, ye all fufficicntly understand it. In the 
 man guilty in confcience of the mifchievous in- 
 tention, fear of death overcame regard of duty. 
 Had it not been that Alexander, before-time 
 a fjpy and tale-bearer, now a forfaker and be- 
 trayer of his Mafter, was joyned to her in 
 privity of all thefe wicked doings, would not 
 the Queen, fo cruel in all the reft, have found 
 in her heart to beftow that one facrirke upon 
 her husbands funerals?! While thefe things 
 were in doing, the night was far paft, and my 
 Lady Rerefi, a lufty valiant fouldicrcfs^ be- 
 fore fign given, cometh forth into the field out 
 of array, abroad (he goeth, gettcth her to 
 horfe-back, and though fhe were fomewhat 
 afraid, as one that foreknew the ftorm to 
 come, yet fhe fate ftill upon her horfc, tarry- 
 ing for the Queen, but yet a good pretty way 
 frqm the houfe. In the mean time 'Parts 
 
 cometh.
 
 MARY <lyeen of Scots, 7 7 
 
 cometh. Then the communication brake, 
 and they rofe to depart. For, by and by, up- 
 on fight of him came to her remembrance 
 that heinous offence, that without great pro- 
 pitiation could not be purged j forfooth, that 
 the Queen had not danced at the wedding- 
 feaft of Sebaftian the minftrel and vile jeafter, 
 that me fate by her husband, who had not yet 
 fully recovered his health, that at the ban- 
 quet of her domeftical Parafrte, fhe had not 
 played the dancing skit7> A matter furely 
 worthy of cxcufe. Buf what fhould fhe elfe 
 do ? (SJie muft needs go, as foon as fhe faw 
 'Pans 5 for Ib it was agreed,and ibmewhat muft 
 needs be pretended. How happened it that 
 the other nights before, when me went away 
 earlier, flic made no excufe at all, and now 
 her departure about midnight, muft needs 
 have an excufe alledgcd ? But be it fo r could 
 fhe remember np better excufe than Sebajli- 
 ans wedding ?' ; iNo, no, I fay to the contrary, 
 that if fhe had left the wedding of her own 
 natural brother, or her lifter, to vifit her huf- 
 band, though but a little crafed, fhe had had 
 a juft excufe before all men fo to do. What 
 if fhc had done the ame kindncfs for the 
 King, being not her husband, or for any o- 
 ther of the Nobility. Is Sebaftian s wedding 
 of fuch a value, that a masking dance thereat 
 is to be preferred before a wifes duty and 
 love ? But furely in this curious excufing and 
 pretended forrow of neglected duty, fome- 
 
 what
 
 7 8 A Detection of 
 
 what lieth hidden, and yet not fo hidden, 
 but that it appcareth through the clofunTy 
 
 THIS overmuch precifenefs of diligence, 
 exculthg where no need is, hath fome fuf- 
 picion of fome fecret mifchief that you are 
 loath to have difclofcd, and the flightnefs 
 of the excufe, encreafeth the fufpicion, c- 
 fpecially when there were other matters c- 
 nough that fhe might better have alledgccp 
 But let us admit the excufe, fince t^hc Queen 
 herfelf hath thought it rcalbnable h Whither 
 then goeth fhe ? ftraight into her chamber. 
 What doth fhe next > wearied with the 
 day's travel, and the night's watching, go- 
 eth fhe to bed ? No ; but fhe falleth to talk- 
 ing with Bothwel firft almoft alone, and 
 afterward alone altogether. What talk fhe 
 had, the matter itfelf declareth : For Both- 
 lively after that he had put off his cloaths, 
 as if he would have gone to bed, by and 
 by putteth on other apparel. Going to do 
 the deed, he would not be known. I like 
 well the man's policy. But his way was to 
 go through the watch. Here I marvel at 
 his madnefs. \ut men's wits befet with 
 guiltinefs of mifchiefs, do commonly be- 
 wray themielvcs by their own inconftancy, 
 and blind to all other things, do fee only 
 that which they have bent their mind unto. 
 What he did, the King's death, his own run- 
 ning away, the confeffions of the guilty per- 
 rons, and other things that follow'd the mur- 
 der,
 
 MARY Queen of Scots, p 
 
 r> i 
 
 dcr, do declare. \After the great uproar in 
 the town about it^tle, as one utterly igno- 
 rant of all, returneth through the * fame 
 watch to bed. When noife of thelrumc 
 had filled all men's ears, and the crack of 
 it had Iriaken all the houfes, only the Queen 
 intentive to expectation of the chance, and 
 broad awake, hcarcth nothing at all, and 
 Bothvel- iieareth nothing. O marvellous 
 dcafneis ! j All other throughout the town, 
 as many as were awake were afraid, and 
 as many as ilept were awaked. [At the laft 
 Bothizel rifeth again, and in the felf-fame 
 enterludc, by fuddenly fhifting from the 
 poet, bccomcth a meilenger, he runneth to 
 the Queens and thither relbrtcd many others 
 alfo that lodged in the palace. To fome 
 the matter fecmed true, to fomc feigned, 
 to fome marvellous. What doth the Queen 
 the whllft ? What fhould flic do ? She tem- 
 perately broodeth goo'd luck, fhe rcfteth 
 fweetly till the next day at noon : \Yet, the 
 day following, to oblcrvc decorum, and 
 comely convenience in her part, without 
 marring the play, fhe counterfeited! a mourn- 
 ing j which yet neither her joyfulncfs dwel- 
 ling withal in heart fuifereth long to be 
 feigned^ nor ftjame permitted! to be wholly 
 neglefteck [Thefc things thus lying open 
 before your eyes, thus palpable with hands, 
 thus faft imprinted in mens ears and know- 
 ledge, ftand we yet enquiring for the author 
 
 of
 
 ?B 
 
 A Detection of 
 
 y 
 
 of the murder, as though it were doubtful ? 
 But, ye fay, the Queen denieth it. What 
 denieth me ? forfooth, that fhe did the mur- 
 der : As though there were fo grent a dif- 
 ference, if one fliould be the author, or the 
 executioner > yet he commands it, and com- 
 mits it: She gave her counfel, her furthe- 
 tfancc;, her power and authority to the do- 
 ing of it. Neither is the caufe unknown 
 why me did it ; even that the lame rilrhv 
 marriage"..with " Bot/owel might be aecom- 
 pliflied. ThougKlill which arguments, and 
 fo many witncflcs of them that were privy 
 to it, failed ; yet by her own tcftimony, by 
 her own letters, it muft needs be confefTcd. 
 And though all other things wanted, thcfe 
 things that followed the murder do plainly 
 declare the doer, namdy, that at the flaugh- 
 of her husband fhe forrowed not, but qui- 
 etly reftcd, as after a gay enterprise well at- 
 chicved 5 that fhe mourned not, but in man- 
 ner openly joyed ; that fhe could abide, not 
 only to look upon his dead body, but alfd 
 greedily beheld it ; that fhe fecretly in the 
 night buried him without funeral pomp, or 
 rather hid him like a thief: for that fame io 
 inconftant counterfeiting or mourning did 
 plainly bewray itfelf. For what meant that 
 removing toSetons? Why' fhunncd fhe the 
 town's refort, and people's eyes ? Was it be- 
 caufe fhe was afhamcd to mourn openly* 
 or bccaufe fhe could not well cloak her joy > 
 
 or
 
 MARY Qyeen of Scots. 8 i' 
 
 or fecrctly to give herfelf all to forrow ? 
 No, for at Setons (he threw away all her 
 difguifed perfonage of mourning ; (he went 
 daily into the fields among ruffians; and 
 not only reforted to her former cuftom, 
 but alfo affefted to exereile manly paftimes, 
 and that among men, and openly. So 
 lightly fhe defpifed the opinion and fpeech 
 of her country. But I befhrew that fame 
 Killegree> and that fame Monfieur de Croc, 
 that came upon her fo unfeafonably, and 
 fhewed to others her counterfeited perfon 
 unvizzored* For had not they been, many 
 things that were done might have been de- 
 nied, many things might have been hand- 
 fomly feigned, and much of the matter might 
 have been helped by forged rumours. 
 
 BUT they will fay, there was a folemn 
 enquiry for the murder. Forfooth, by Both- 
 'weL himfelf principally, and by fome other 
 that then laboured, and yet at this day do 
 labour to deliver the perfons guilty thereof) 
 frompunifhmentof law, and do now plain- 
 ly fhew what they then fecretly meant; 
 But with what diligence, with what upright 
 feverity was that enquiry handled? A few' 
 poor fouls, the next dwelling neighbours to 
 the King's lodging, being call'd, neither 
 durft tell what they had feen and heard, and 
 if they touched any thing near the matte^ 
 either they were with fear put to filence, 
 or defpifed as of no credit : the wifer fort of 
 G them
 
 82 c/4T Dete&ion of 
 
 them durft not offend Bothwel., that fate: 
 among the judges. One or two of the 
 King's fervants, that cfcapcd the mifchance, 
 were examined which way the murderers 
 eame in. Forfooth, fay they, we had not 
 the keys. Who then had them ? It was an- 
 fwercd, that the Queen had them. So be- 
 gan the fccrets of the Court to break out. 
 Then was that enquiry adjourned, and never 
 recontinued. What can be more fevcrc and 
 upright than this enquiry ? and yet they pre- 
 vailed nothing by it : For what the exami- 
 ners would have had kept fecret, That the 
 people cried out openly ; that which they 
 fupprefled, burft forth ; and that which they 
 cloaked in fecret, it breaketh out into broad 
 light. But there was a proclamation fct forth,, 
 with pardon of the faft, and promife of re- 
 ward to him that would utter it? Why?, 
 who had been fo mad, that he durft, in fo 
 manifeft peril of his life, bear witncfs, or 
 give information againft the judges them- 
 felves, in whofc power lay his life and death ? 
 It was likely, forlboth, that they \vhich had 
 murdered a King, would ipare him that 
 fhould difclofe the murderer, cfpecially when 
 all men faw that the enquiry of the King's 
 (laughter was quite omitted, and the other 
 enquiry fcvcrely purfued concerning books 
 accufing the {laughter. What manner of 
 Judgment it was whereby Bothwel was ac- 
 quitted, you have heard, Forfooth by him- 
 
 fclf
 
 MARY Queen of Scots. 8 3 
 
 felf procured, the judges by himfelf chofen* 
 the accufers by himfelf fuborned, lawful ao 
 cufers forbidden to be prefent, unlefs they 
 would yield their throats to their enemies 
 weapons ; the aflizes appointed neither to a 
 day, according to the law of the land, nor 
 after the manner of the country ; nor to 
 enquire of the murder of the King, but of 
 fuch a murder as was alledged to be com- 
 mitted the day before that the King was 
 (lain. Here, when Bothivel by his friend- 
 fhip and power, and the Queen by prayer 
 and threatning travailing with the judges, do 
 you now exped what fentence men, chofen 
 againft law, and againft the cuftorn of the 
 land, have pronounced ? In their judgment, 
 they touched the matter nothing at all 5 on- 
 ly this they have declared, that it was no 
 lawful judgment, in this, that -with a fpecial 
 proteftation they provided, that it mould not 
 be prejudicial to them in time to come. 
 Then, that all men might understand what 
 it was that they fought by fword, fire and 
 poyfon, they jumble up marriages 5 one is 
 divorced, another is coupled, and that in 
 fuch pofting fpeed, as they might fcant have 
 hailed to -furnifh a triumph of forne noble 
 vidory. Yet, that in thefe unlawful wed- 
 dings fome (hew of lawful order might be 
 obfcrvcd, the goodly banes were openly pro- 
 claimed. For publifhing whereof, though 
 the miniftcr of the church was threatned 
 G 3 with
 
 84 <-< Detedtion of 
 
 with death if he did it not, yet, at the tiirre 
 of his publifhing, himfclf openly protcfted, 
 that he knew caufc of exception, why that 
 marriage was not lawful. But in luch a 
 multitude affembled, how few were they 
 that knew it not ? frth all could well re- 
 member that BotkrjvelJa&Ljfo^-..jw two 
 wives already not- yet divorced,. _and the 
 third neither lawfully married, nor orderly 
 divorced. But that was not it that was in- 
 tended, to obferve the ceremonies of lawful 
 order 5 but (as they do ufe in Enterludes) 
 they provided a certain mew, or difguiied 
 counterfeiting of common ufage. For he 
 that hath oft broken all humane laws, and 
 hath caft away all eonfcicnce and religion, 
 could eafily neglect the courfe of God's law. 
 
 Now, Ifuppofe, I have briefly declared 
 (in refpccl: of the greatnefs of the matter) 
 and yet perhaps in more words than needed 
 (the plainnefs of the proofs conitdered) of 
 what purpofe, by what counfcl, and upon 
 what hope, that heinous murder was attem- 
 pted, with what cruelty it was executed, by 
 what tokens, advcrtifements, teftimonies, and 
 letters of the Queen herfelf, the whole mat- 
 ter is proved, and fo plainly proved, that it 
 may be as openly feen, as if it lay before 
 your eyes ; yet will I mew forth the tefti- 
 mony of the whole people, which I think 
 worthy not to be neglected : For feveral men 
 do commonly deceive, and are deceived by 
 
 others,
 
 MARY ^een of Scots. 8 5 
 
 others, but no man dccivcth all men, nor is 
 deceived by all. This teftimony of the peo- 
 ple is this. When at the Queens going abroad 
 among the people, the greateft part of the 
 commons were wont to make acclamations, 
 wifhing her well and happily, with fuch 
 fpecches as either love enforceth, or flattery 
 fnventeth : Now at her going after the King's 
 {laughter to the caftle, through the chief and 
 moft populous ftreet of the town, there was 
 all the way a fad glooming filcnce. And 
 when any woman alone of the multitude had 
 cryed, God fave the Queen y another by and 
 by fo cryed out, as all men might hear her j 
 So be it to every one as they have deftr-ved. 
 
 ALBEIT thefe things were thus done as 
 I have declared, yet there are fbmc that flick not 
 to fay that the Queen was not only hardly, but 
 aifo cruelly dealt with, that after fo deteftable 
 a fad, (he was removed from her regency ; and 
 when they could not deny the fad they com- 
 plained of the punifhment. I do not think 
 there will be any man fo fhamelefs to think that 
 fo horrible a fad ought to have no punifhment 
 at all. But if they complain of the grievoufneis 
 of the penalty, I fear leaft, to all good men, we 
 may feem not to have done fo gently and tem- 
 perately, as looily and negligently, that have 
 laid fo light a penalty upon an offence fo hei- 
 nous, and fuch as was never heard of before. 
 For what can be done cruelly againft the author 
 of Ip outragious a deed, wherein all laws of 
 G 3 Go4
 
 8(5 of Dete&ion <?/ 
 
 God and man are violated, defpifcd, and in a 
 manner wholly cxtinguiihcd ? Every fevcral 
 offence hath his punifhment both by God and 
 man appointed : And as there be certain de- 
 grees of evil deeds, ib arc there alfo encrcafes 
 in the quantities of punifhmcnts. .If one have 
 killed a man, it is a deed of it felf very hei- 
 nous. What if he have killed his familiar 
 friend ? What if his father >. What if in one 
 foul fad he hath joyned all thcfe offences to- 
 gether ? Surely of fuch a one, neither can his 
 life fuffice for impofing, nor his body for 
 bearing, nor the Judges policy for inventing 
 pain enough for him. Which of thefe faults 
 is not comprifed in this offence ? I omit the 
 mean common matters, the murdering of a 
 young Gentleman, an innocent, her country- 
 man, her kinfman, her familiar, and her Cou- 
 fin german. Let us alfo excufe the fad, if it 
 be poillble. She unadvifedly, a young wo- 
 man, angry, offended, and one of great in- 
 nocency of life till this time, hath {lain a lewd 
 young man, and adulterer, and unkind huf- 
 band, and a cruel King. 
 
 I F not any one, but all thefe refpeds to- 
 gether, were in this matter, they ought not to 
 avail to fhift off all punifhment, but to raife 
 Ibme pity of the cafe. But what fay you that 
 none of thefe things can fo much as be falfly 
 pretended > The fad it felf, of it fclf is odi- 
 ous : In a woman, it is monftrous : In a^ 
 wifc_not_only cxcciliycl^Joved, but "a'Ho 
 
 ffloft
 
 MARY l&een of Scots, 87 
 
 mod zealoufly honoured, itis uncrcdiblc ? 
 And being committed agarnlt him whofc age 
 craved pardon, whofe hearty affection requi- 
 red love, whofc nighnefs of kindred asked 
 reverence, whofe innoccncy might have dc- 
 fcrvcd favour, upon that yomig man I fay, in 
 whom there is not fo much as allcdged any 
 juil caufe of offence, thus to execute and 
 ipcnd, yea, to exceed a^ll torments due to alt 
 offences, in what degree of cruelty fliall we 
 account it ? But let thefe things avail in other 
 perfons to raife hatred, to bring punifhrnent, 
 and to make examples to poftcrity. But in this 
 cafe let us bear much with her youth, much 
 with her Nobility, much with the name of a 
 Princefs. As for mine ow r n part, I am not 
 one that thinks it always good to ufc cxtrcam 
 ftrictneis of law, no not in private, mean, 
 and common perfons. But in a moil heinous 
 mifdeed, to diflblve all force of law, and 
 where is no meafure of ill doing, there to de- 
 fcend beneath all meafure in puniPning, were 
 the way to the undoing of all laws, and the 
 overthrow of all humane focicty. But in this 
 one horrible acl: is fuch a hotchpotch of all 
 abominable doings, fuch an eagcrnefs of all 
 outragious cruckie, fuch a forgetful nefs of all 
 natural affection, as nothing more can be 
 feigned or imagined. I omit all former mat- 
 ters. 
 
 I will not curioufly enquire upon Prince's 
 
 doings, I will not weigh them by the com- 
 
 G 4 moji
 
 cX Detection of 
 
 mon beam, I will not reftrain them to com-' 
 mon degrees of duties. If there be any thing; 
 that without great offence may be palTcd over. 
 I wULgiadly leave it unfpoken of ; if there 
 be any thing that may rea 
 by refped of age, or of woman kind, yea or 
 of unadvifednefs, I will not urge it. And to 
 pafs over all the reft, two heinous offences 
 there be, that neither*according to their great- 
 nefs be fully exprefied, nor according to their 
 outrage be fuificiently punifhed, 1 mean the 
 violating of matrimony, and of royal Majer 
 ily. For matrimony, (as the Apoftle faith) 
 doth truly contain a great miftery. For, as 
 being obfcrved, it comprifeth within it all in- 
 feriour kinds of duties, fo being broken, it 
 overthroweth them all. Whofo hath mif- 
 ufed his father, fecmeth to caft out of his 
 heart all natural reverence , but for the hus- 
 bands fake one Jhall lo*ve both Father and 
 Mother. Of all other duties, the degrees, 
 or like obfervances, either are not at all in 
 brute creatures, or not fo plain to be difcern- 
 ed : But of matrimonial love, there is almoft 
 no living creature that hath not fome feeling. 
 This miftery therefore whofo not only viola- 
 teth, but alfojieifiifetb-y-Jje^oth not only o- 
 verthrow all the foundations of human fel- 
 
 refH, dif- 
 
 folvethand confoundedj^l^order of nature. 
 Whoio7veT~^t^oliotfay^hurteth the Kmg, 
 that is the true Image of God in earth, but 
 
 flayed*
 
 MARY ^een of Scots^ 89 
 
 fiayeth him with ftrange and unwonted fort of 
 cruelty, fb as the untemperate and uncredible 
 outragioufnefs is not contented with fimple 
 torment, feemcth he not, as much as in him 
 lieth, to have a defire to pull God out of 
 Heaven ? What refuge have they then left 
 themfelves to mercy, that in fatisfying their 
 luft of unjuft hatred, have exceeded, not on- 
 ly all meafure of cruelty, but alfo all likeli- 
 hood, that it can be credible. 
 
 BUT they will fay, we ought to bear with, 
 and fpare her nobility, dignity and age. Be 
 it fb, if fhe have fpared him in whom all thefe 
 refpefts were greater, or at leaft equal. Let the 
 Majefty of royal name avail her. How much 
 it ought to avail to her preferving, her felf hath 
 fhewed the example. May we ^ommir our 
 
 - 9 '^ "^ 
 
 fafety^to her, who a fifter, hath butcherly 
 flaughterect hei biothu, a w ifc hen husband, 
 a Queerfher KingPMa^ we commit our fafe^ 
 ty to her, whom neverJhajiiejrcftrained from 
 
 from cruelty, nor 
 Shall we bear witlr 
 
 her- age, fex and unadvifednefs, 
 all juft caufes of hatred, jefpifed alFtKefe 
 things^rnJi^r^iniHMiT^TiefKing, her husband > 
 She^that~faarh fought ^uclr~cxccutioiToriicr 
 wrongful wrath, what {hall we think fhe will 
 do being provoked by reproaches to men 
 not knit to her by kindred, fubjecl: to her 
 pleaftire, not matched with her in equal fel- 
 Jowfhip of ltfe ; but yeilded to her govcr- 
 
 nance,
 
 ^A Detection of 
 
 nance, and enthralled to her tormenting cru- 
 elty ? When rage for interrupting her plcafure, 
 and out-rage of nature, ftrcngthned with ar- 
 mour of licentious power, fhall raging! y tri- 
 umph upon the goods and blood of poor 
 fubjeds > What is then the fault whereof we , 
 are accufed, what cruelties have we fhcw- ' . 
 cd> That a woman raging without mea- 
 fure and modefty, and abufing to all her Sub- 
 jeds deftruction, the force of her power, that. 
 Ihe had received for their fafety, we have kept 
 under governance of her kinfmen and well- 
 willing friends : And whom by right, we 
 might for her heinous deeds have executed, 
 her we have touched with no other punifh- 
 ment, but only retrained her from doing more 
 mifchief. For we deprived her not of Li- 
 berty, but of unbridled licentioufnefs of evil 
 doing. Wherein we more fear among all 
 good men, the blame of too much lenity, 
 than among evil men the (lander of cruelty. 
 THESE were the^cajij^that^movcd the 
 his maTgrT 5gffe'g7aifo had his 
 rtiot a little troubled hiTmind. 
 For when that fame infamous acquital rather 
 encreafed, than abated the fulpition, and the 
 matter could not be alway kept dole, he fleeth 
 to hislaft refuge, to obtain of the Queen a par- 
 don of all his offences. But when by the 
 law of the land in fuch Charters of pardon, 
 the greateft offence muft be cxprefly mention- 
 ed, and the reft it fufficed to include in ge- 
 neral
 
 MARY Queen of Scots. 91 
 
 neral words, and exprefly to confefs, the mui>i 
 dcr of the King feemed to ftand neither with 
 his honour, nor with his fafety : He was dri- 
 ven of neccility either to invent or commit 
 fbme other crime, either more grievous, or 
 at the leaft as heinous, under which the Ilaugh- 
 ter of the King might lurk in fhadow of ge- 
 neral words unexprefled They could devife 
 none other but the fame counterfeit ravi'h- 
 mcnt of the Queen, whereby both the Queen 
 provided for enjoying her plcafure, and Both- 
 ivel, for his fafety. 
 
 MEmorandum, that in the Caftle of E~ 
 dinburgh, there was left by the Earl 
 Botbwel) before his fleeing away, and was 
 lent for by one George Engk(h his fervant, 
 who was taken by the Earl Moreton, one 
 fmall gilt Coffer, not fully a foot long, being 
 garnifhed in fundry places with the Roman 
 letter F. under a King's Crown, wherein were 
 certain letters and writings well known, and 
 by oaths to be affirmed, to have been writ- 
 ten with the Queen of Scot's own hand to 
 the Earl Both^el. 
 
 Befide thofe writings, there was alfo extant 
 a writing written in Roman hand in French^ 
 to be avowed to be written by the faid Queen 
 of Scots herfelf, being a promiie of Marriage 
 to the faid Bothwel: Which writing being 
 without date, and though fome words there- 
 in fecm to the contrary, yet isjapon credible 
 
 grounds
 
 9 2 ^A Detection of 
 
 'grounds fuppofcd to have been made and 
 written by her before the death of her Huf- 
 band, the tenor whereof thus begin ncth. 
 
 Nous Marie far le grace de 'Dieu, &c. 
 We Mary by the grace qf God, &c. 
 
 THERE is alfo another writing in Scot- 
 tifh, avowed to be wholly written by die Earl 
 HuntLy, dated the fifth of April, 1567. con- 
 taining a form of contract of marriage be- 
 twixt the faid Queen and Earl Bothwe^ fub- 
 fcribed Mary, which is to be avowed to be 
 the proper hand of the faid Queen j and un- 
 derneath it, James Earl Bothwel, which al^ 
 io is to be avowed to be the proper hand of 
 the Earl Bothwel, at which time he was com- 
 monly defamed of the King's {laughter, and 
 not cleanfed or acquit thereof before the 
 thirteenth of April following. The tenor 
 of which contract here enfueth. 
 
 AT Seyton, the fifth day of April, in the 
 year of God, 1567. The right excel- 
 lent, right high and mighty Princeis Mary, by 
 the grace of God Queen of Scots, confidcr- 
 ing the place and eftate wherein Almighty 
 God hath conftituted her Highnefs, and how 
 by the deceafe of the King her husband, her 
 Majefty is now deftitute of a husband, living fo- 
 litary in the ftate of widowhood. In the which 
 kind of life her Majefty moft willingly would 
 
 con-
 
 MARY Qyeen of Scots. 
 
 eontinuc, if the will of her realm, and fub- 
 jeds would permit it. But on the other part, 
 confidering the inconveniencics may follow, 
 and the ncccility which the Realm hath, that 
 her Majefty be coupled with an husband, her 
 Highncfs hath an inclination to marry. And 
 feeing what incommodity may come to this 
 realm, in cafe her Majefty fhould Join in 
 marriage with any foreign Prince of a ftrange 
 Nation, her Highnefs has thought rather 
 to yield unto one of her own fubjeds. 
 Amongft whom, her Majefty finds none 
 more able, nor endued with better qua- 
 lities than the right noble, and her dear Cou- 
 fin James, Earl Bothwel, &c. Of whole 
 thankful and true fervke, her Highnels in all 
 times by-paft has had large proof, and infalli- 
 ble experience. And feeing not only the fame 
 good mind conftantly perfevering in him, but 
 with that an inward affedion, and hearty love 
 towards her Majefty, her Highnefs amongft 
 the reft, hath made her choice of him. And 
 therefore in the prcfence of the eternal God 
 faithfully, and in the word of a Prince, by 
 thefe prefcnts takes the faid James Earl Both- 
 wel as her lawful husband. A nd promifes and 
 obliges her Highnefs, that as foon as the Pro- 
 cefs of divorce intended betwixt the faid Earl 
 Bothwel and Dame Jane Gordon, now his 
 pretended Spoufe, be ended by the order of 
 the laws, her Majefty (hall God willing there- 
 after ftiortly marry, and take the faid Earl to 
 
 her
 
 Detection of 
 
 her husband, and complcat the band of Ma- 
 trimony with him in the face of holy Church* 
 
 And fhall never marry any other 
 Iremj J r x/^ husband but him only during 
 folk' Ir his life-time. And as her Maje- 
 
 fty of her gracious humanity, 
 and proper motive, without deferving of the 
 faid Earl, hath thus inclined her favour and af- 
 fe&ion towards him, he humbly, and reve- 
 rently acknowledging the fame, according to 
 his bounden duty, and being as free and able 
 to make promife of marriage, in reipccl of the 
 faid Procefs of divorce intended for divers rea- 
 ibnable caufes, and that his faid pretended 
 Spoufe hath thereunto conferred, he prefent- 
 ly takes her Majefty as his lawful Spoufe, in 
 the prefence of God. And promifes and ob- 
 ligeth him, as he will anfwer to God, and up- 
 on his fidelity and honour, that in all dili- 
 gence pollible, he fhall profecute and fet for- 
 ward the faid Procefs of divorce already be- 
 gan and intended betwixt him and the faid 
 Dame Jane Gordon his pretended Spoufe, un- 
 to the final end of a Decree and Declaration 
 therein. And incontinent thereafter, at her 
 Majeftics good will and plcafurc, and when 
 her highnefs thinks convenient fhall compleat 
 and folemnize in face of holy Church, the 
 faid band of Matrimony with her Majefty, and 
 love, honour, and fcrve her Highneis, ac- 
 cording to the place and honour that it have 
 pleafed her Majefty to accept him unto, and 
 
 never
 
 MARY Qyeen of Scots. 
 
 never to have any other to his wife during 
 her Majefty's life time. In faith and witnef- 
 fmg whereof, her Highnefs and the faid Earl 
 hath fublcribed this prcfcnt faithful promife, 
 with their hands, as followeth, day, year, 
 and place aforefaid, before thefe witnefles 
 George Earl Hunt I y, and Matter Thomas 
 He f burn y Parfon of Old Hanftock y &c. 
 
 Sic fitbfcrtbitur, MARY R. 
 
 James Earl Bothwel. 
 
 HERE note, that this contrad was made 
 the 5th of Apri^ within eight weeks after 
 the murder of the King, which was flain the 
 i oth of February before. Alfo it was made 
 fevcn days before that Bothwel was acquit- 
 ted by corrupt judgment of the faid murder. 
 
 ALSO it appeared! by the words of the 
 contrad itfelf, that it was made before fcn- 
 tence of divorce between Bothwel and his 
 former wife : And alfo, in very truth", was 
 made before any fuit of divorce intended 
 or begun between him and his former wife, 
 though feme words in this contrad feem to 
 fay other wife. Which is thus proved. For 
 this contrad is dated the 5th of April; and 
 it plainly appcareth by the judicial ads- be- 
 fore the two fevcral eccleiiaftical ordinary 
 judges, wherein is contained the whole pro- 
 cefs of the divorce between the faid Earl 
 and Dame Jane Gourdon his wife, that one 
 
 of
 
 of Detection of 
 
 of the fame proceffes was intended and be- 
 gun the 26th day of April) and the other 
 the 2 /th day. 
 
 ALSO there are extant the Records of 
 the Juflices Court holden at Edinburgh the 
 faid 1 2th day of April, fome copies where- 
 of have been exemplified and figned with 
 the hand of John Bellenden Clerk of the 
 Court, among which is ^the indidment of 
 Bothwel. The tenor of which Records, 
 with the affize and verdid, do here follow : 
 
 /~i Uria jufticiarite S. D. N. 
 ^ Reginte, tenta & inchoata 
 inprtetorio de Edinburgh duo- 
 decimo die men/is Aprilis, Anno 
 i $67. per nobilem & potent em 
 Dominum Archibaldum Com- 
 tern Ergadise, Dominum Camp- 
 bel & Lome jufticiarium ge~ 
 neralem ejufdem S. D, N. Re- 
 gin<e, totius Regnifui ulilibet 
 conftitutumfen. vocatum, & cu- 
 ria legitime affirmata*
 
 MARY &een of Scots. 97 
 
 IN the which Court appeared perfonally 
 in judgment Mr. JohnSpens of Condie, and 
 Robert Creycghton of Chock, advocates to 
 our Sovereign Lady, in her name ; and there 
 the faid Mr. John Sfens produced our Sove- 
 reign Lady's letter execute and indorfed, to- 
 gether with the indidment : Of the which 
 letters, indorsing thereof, and indictment, 
 the tenors hereafter follow, that is to fay, 
 
 MARY, by the Grace of God, Queen of 
 Scots, to our trufty and -well-beloved 
 tn Purwes, Mr. Lawfon, and Gawine 
 Ramfey, Meffengers, our Sheriffs In that 
 fart conjunttly and federally fpecially confti- 
 tuted, greeting. Forafmuch as it is humbly 
 meant and Jhewed to us, by our trujly and 
 bsloved Clerks and Counfellors, Mr. John 
 Spens of Condie, and Robert Creycghton 
 of Chock, our Advocates : That whereas 
 they are informed that our trufty Coujin and 
 Counfellor Matthew Earl of Lenox, Father 
 to the King our deareft Spoufe, hath dela^ 
 ted James Earl Bothwel, Lord Halis and 
 Creycghton, &c. and certain others of the 
 treafonable, cruel, odious, and abominable 
 Jlaughter and murder of his grace, commit- 
 ted upon the ninth day of February loft paft^ 
 under filence of the night, within his lodg- 
 ing, for the time, within our Bour of Edin- 
 burgh, near the Church in the feld, upon 
 pro-vifion, fet-purpofe> and fore -thought fello- 
 H n
 
 98 A Dete&ion of 
 
 ny. And hath declared unto us the fufpi- 
 cion had of the faid Earl ^and others, as 
 committers of the faid odious ; cruel and a- 
 bominable deed. Whereto we being mofl 
 earneflly bent, minded, and willing to have 
 trial taken therein, by order of juftice, with 
 all diligence and expedition pojfible, have, 
 with advice of the Lords of our fecret 
 counfel, and alfb of the humble dejire of the 
 faid Earl Bothwel, made in our and their 
 preface, who offereth himfelf willing to 
 undergo the trial of a condign AJJize, ac- 
 cording to the Laws of our Realm for de- 
 claring of this fart, have ordained a Court 
 of Juftice, to be fet andholden in the Tole- 
 booth of Edinburgh, the izth day of A- 
 pril next enfuing, for executing of juftice 
 upon the (aid Earl, and otherwije, for the 
 cruel, odiotu, fold, and abominable crime and 
 offence , as is more at large contained in an 
 Att made in the books of our fecret counfel 
 thereupon. 
 
 Our will therefore is, and we charge you 
 ftriEtly, and command, that immediately at 
 the Jight of thefe our letters, ye go, and in 
 our name and authority, warn the fatd 
 Matthew Earl of Lennox, perfonally, or at 
 his dwelling place, and att other our liege 
 people having or pretending to have interefl 
 in the faid matter, by open ^Proclamation 
 at the Market -crojjes of our Boroughs of 
 Edinburgh, Dunbarton, Glafcow, Lancrk, 
 
 and
 
 MARY ^(ueen of Scots, 
 
 and other places needful, to appear before 
 our Juftice, or his 'Deputies., in our Tole- 
 booth of Edinburgh, the faid i2th day of 
 April next enfuing, to purfue and concur 
 with us in the faid acJion : With certifies 
 tion to them., that if they fail, thai our 
 J uft ice ^ or his f Dep^^ties t will proceed and 
 do Juftice in the faid matter the faid day, 
 conformable to the Laws and Confiitutiont 
 of our Re aim i without any longer delay of 
 continuation : Arid that ye fummon an *A(Jiz,e 
 to this end, every perfon under the pair of 
 forty pounds > as ye will anfwer to us there* 
 upon. The which to do, we commit to you^ 
 joyntly and fever ally ^ our full power bv thefe 
 our letter s> delivering them by you duty to be 
 executed^ and indorjtd again to the bearer. 
 Given tinder our fignct at Edinburgh, the 
 
 2jth of March, in the 2<,th par of 
 
 our Reign , 1567, 
 
 x dclibcratione DominorUm c'onfilii Reg- 
 Sic fubfiribitur, MARY, 
 
 Indorsements of the faid Letters* 
 
 UPON the 2 pth day of March? in rfi 
 year of God 1567. I William Tur- 
 *wes, Meflenger, one of the Sheriffs m that 
 withiiTr ccnftituted, pail at command of 
 H *
 
 i oo A Detection of 
 
 thefe our Sovereign Lady's letters, and in her 
 Grace's name and authority, warned Matthew 
 Earl of Lennox, and all other her Majefty's 
 lieges, having or pretending to have intereil 
 in the matter within fpecified, by open pro- 
 clamation at the Market-crofs of the Bo- 
 rough of Edinburgh, to appear before the 
 Jufticc, or his Deputies, in the Tolbooth of 
 Edinburgh >, the 1 2th day of April next en- 
 fuing, to purfuc and concur with our faid 
 Sovereign Lady in the adion within men- 
 tioned, with certification as is within ex- 
 prefied, after the form and tenor of thefe 
 letters, whereof I affixed one copy upon the 
 faid Market-crofs. This I did before thefe 
 witnefies, JohnAnderfon and 'David Lant, 
 with divers others. And for more witnef- 
 fmg to this my execution and indorfement, 
 my fignet is affixed. 
 
 UPON the laft day of March, the firft 
 and fecond days of April, in the year 
 of God above written, I Gowine RamJ) y 
 Mefienger, one of the Sheriffs, in that part 
 within conftituted, paft at commandment of 
 thefe our Sovereign Lady's letters, and in 
 her Grace's name and authority, warned the 
 faid Matthew Earl of Lennox, at his dwel- 
 ling places in Glafcow and IDunbertane re- 
 fpcdively, becaufe I fearched, and fought, 
 and could not apprehend him perfonally, 
 and all other her Maj city's lieges, having 
 
 and
 
 MARY ^ueenoj Scots. 101 
 
 and pretending to have intercft to purfuc in 
 the matter herein expreflcd, by proclamation 
 at the Market-crofics of the Boroughs of 
 Glafco'-ji', ^Dtmhertane and Lanerk, for to 
 appear before the Juftice, or his Deputies, 
 in the faid Tole- booth of Edrnbufg^ the 
 faid 1 2th day of April next to come, to 
 purfue and concur with our faid Sovereign 
 Lady in the aclion within written, with cer- 
 tification, as is within mentioned, after the 
 form and tenor of thefe Letters, whereof 
 affixed one copy upon every one of the faid 
 Market-croffes. This I did before thcle 
 witnefies, George Herbefoun, Nicholas An- 
 dro, Robert Letrik, Meficngcrs; William 
 Smollet, 'David Robertfon, James Smollet, 
 John Hamilton, James Bannatine, and Rc- 
 ben Hamilton, with divers others. And for 
 more witnefling hereof my fignet is affixed ; 
 fubfcribed with my hand, 
 
 Gawin Rtmjy, Mcffengcr. 
 
 Up o N the firft day of April, the year of 
 God 1567. I William L.aisafor^ Mef- 
 icnger, Sheriff in that part within conftitu- 
 tcd, paft at command of thcfe our Sovereign 
 Lady's letters, to the Markct-crols of 'Perth, 
 and there, by open proclamation, lawfully 
 warned Matthew Earl of Lennox, and all 
 others our Sovereign Ladv's lieges, having 
 H 3 or
 
 102 A Dete&ion of 
 
 or pretending to have interefs to purrue James 
 Eari Bfthwel, Lord Hailes, and Creycghton. 
 &c. And certain others, for the cruel (laugh- 
 ter and murder of the King's grace, and af- 
 fixed one Copy upon the faid CrofTes, after 
 the form and tenour of thefe Letters, And 
 this I did before thefe witnefles , James 
 Marfchel, Alex. Borthuike, and John An- 
 Oerfirt, Mdlengers, with divers others. And 
 for the more witnefling of this my execution 
 and indorfemcnt, I have fubfcribed this with 
 my hand, 
 
 Will. Lawfon, Meflengcr. 
 
 The Indidmenr. 
 
 I A M E s Earl Bothwcl, Lord Halis, and 
 Creycghton, &c. Ton are Miffed for 
 acting fart of the cruel , odious, treafon- 
 flble, and abominable Jlauphter and murder of 
 the late, the right excellent ; right high and 
 mighty Trince, the Kings grace, dearefl 
 fpoufi, for the time, to our Sovereign Lady 
 the gtiieerfs Majefly, under Jilence of night > 
 in his own lodging., befides the Church in the 
 ft Id within this burrow, he being taking the 
 nights reft, treafonably raifingfae within the 
 feme, with a great quantity of Tawder. 
 Through force of the which, the faid whole 
 lodging was raifed, and blown in the air. 
 And the faid late King was murthcredtrea- 
 fonably antfmoft cruelty Jlain and deftroyed by 
 
 yon
 
 MARY ^ueen of Scots, i o 3 
 
 you therein upon fet purpofe, provifion, and 
 forethought felony. And this you did upon 
 the ninth day of February lafl paft, under 
 jilence of the night, as above faid. As is 
 notoriously known , the which you cannot 
 deny. 
 
 UPON the which production of the fore- 
 faid Letters executed, indorfed an indicted, the 
 faid advocate asked an aft of Court and in- 
 ftruments, and defired of the Juftice procefs 
 agreeable thereto. 
 
 THE faid letters being openly read in 
 
 Judgment with the indorfements thereof, the 
 uftice by virtue of the fame, caufed to be cal- 
 led the faid James Earl Bothwel, as Defen- 
 dant on the one part, and Matthew Earl of 
 Lenox, and all others our Sovereign Ladies 
 liege people, having or pretending to'purfue 
 in the faid matter, to appear before him in 
 this Court of Juftice, to purfue and defend 
 according to the law. 
 
 IMMEDIATELY after there appeared in 
 Judgment, the faid James Earl Bothwel, and 
 entered perfonally, and then made choice of 
 Mr. 'David Eorthuick of Lutchthil, and 
 Mr. Edmund Hay to be prolocutors for him, 
 who alfo appeared perfonally in Judgment, and 
 were admitted by the Juftice to that effect. 
 
 THERE alfo appeared Mr. Henry Kenrof y 
 alledging to be Proctor for Andrew M after of 
 Errole, and produced in Judgment the wri- 
 ting and proteftation under writtcn,ddiring the 
 H 4 fame
 
 1 04. A Detection of 
 
 fame to be regiftred and inferted in the books 
 of adjournal, the tenor whereof followeth. 
 THE fame day appeared Mr. Henry Kin- 
 rof, prodor for Andrew Matter of Errole, 
 Conftable of Scotland, and allcdged that the 
 Conftables for the time, of this Realm, hath 
 been at all times by-paft only Judges compe- 
 tent to all fuch perfons as have been accufed 
 criminally, for committing of (laughter, 
 murder, or of blood drawing near to the 
 Prince's chamber, or within four miles of the 
 feme. And therefore the faid M after now 
 being Conftable of this Realm, ought and 
 fhould be the competent Judge to James 
 Earl Bothwel, and others his allcdged com- 
 plices called this day, and to be accufed for 
 2cling.any part of the alledged cruelty, trea- 
 fonable (laughter of the late Henry King of 
 Scots. And in cafe Archibald Earl of Ar- 
 gyle, as chief Juftice of this Realm, or his 
 Deputies proceed in -the faid caufc, the faid 
 Mafter ffenry, proftor aforcfaid, protefteth 
 folemnly, that the fame proceeding therein, 
 iliall in no wife hurt, nor prejudice the faid 
 Conftable in his office, rights, title of rights, 
 interefts, jurifdiftion, or inveftment thereof 
 in any fort, but that he may ufe and exercife 
 his faid jurifdidion in all fuch cafes in times 
 coming, conform to his inveftment of the 
 faid office, and ufe of cognofcing ufed by his 
 predeceflbrs, and before him in like caufes. 
 AH which time he makes it known, either 
 
 by
 
 MARY Qgeen of Scots. io 
 
 by inveftment or other ways fufficiently, him 
 to have jurifdiclion in fuclrcaufes. And de- 
 fires the fame proteftation to be inferred ia 
 the book of adjournal, and admit it under 
 proteftation, that he affirm not the Lord Ju- 
 ftice jurifdiction in any fort in proceeding in 
 the faid matter. 
 
 THE Jufticc, being advifed with the faid 
 alleadgeance and proteftation, found by inter- 
 locutor, and ordained that procefs fhould be 
 laid by him in this matter, notwithftanding 
 the fame, in refpcd that nothing was fhown 
 by the faid Mr. Henry., to verific the contents 
 of the faid alleadgeance and proteftation. 
 Whereupon the faid Earl Rothwel asked a 
 note of Court and inftrument. 
 
 THE faid Matthew Earl of Levenox and 
 others our Sovereign Ladies lieges, having or 
 pretending to have intereft to purfue in the 
 faid matter, being oftentimes called, to have 
 appeared and concurred with the faid advo- 
 cates, in purfuing of the faid aftion, Robert 
 Cunningham appeared, allcdging him fervant 
 to the faid Matthew Earl of Lenox ', and pro- 
 duced the writing under written, which he 
 fubfcribed with his hand in Judgment. As 
 he that had power to ufe the fame, and pro- 
 tefted it, and defired to conform thereto in 
 all points. Of the which writing the tenor 
 follows. 
 
 M Y Lords I am come here, fent by my 
 Mailer my Lord of Lenox, to declare the 
 
 caufe
 
 io6 A Detection of 
 
 caufc of his abfence this day, and with his 
 power as the fame bears. The caufe of his 
 abfence is the fhortnefs of time 5 and that he 
 is denied of his friends and fervants, who 
 fhould have accompanied him to his honour 
 and fecurity of his life, in refpedt of the 
 greatncfs of his party, and he having alfiftance 
 of no friends but only himfelf. And there- 
 fore his L. commanded me to defirc a fuffi- 
 cient day , according to the weight of the 
 caufe, therefore he may keep the fame. And 
 if your L. will proceed at this prefent, I pro- 
 teft that I may without any difpleafurp of any 
 man, ufe thefe things committed to my charge 
 by my Lord my M after. Whereof I take a 
 document. 
 
 Item, I proteft, that if the perfons who 
 palTes upon afllze and inqueft of thefe perfons 
 that (hall enter on pannel this day, clear the 
 laid perfons of the murder of the King, thdP j; 
 it fhall be willful error and not ignorance, by 
 reafon that it is notorioufly known thofe per- 
 fons to be the murtherers of the King, as my 
 Lord my M after alledges, upon the which pro- 
 teftation I require a document. Sic fubfcri- 
 bitur y ROBERT CUNNINGHAM. 
 
 UPON the production of the which wri- 
 ting and protcftation, the faid Robert asked ads 
 and inftruments. 
 
 THE Juftice, being advifcd with the afore - 
 faid writing and proteftation produced, and 
 ufed by the laid Robert Cunningham in re:- 
 
 fped
 
 MARY <jtyeenof Scots. 107 
 
 fped of the letters and writings fent to our fb- 
 vereign by the faid Matthew L. of Lenox, 
 produced it, and read it in a Court, whereof 
 the copies are under written By the which 
 letters and writings, the faid Earl of Lenox 
 defired a fhort and fummary procefs to be 
 deduced in the faid matter, and alfo of the 
 ad and ordinance of the Lords of the fe- 
 cret Council granted thereupon, and fuch 
 like in refped of the earned infifting of the 
 Advocates, denting procefs and right fuit of 
 the faid Earl Bothwel's earned: petition and de- 
 iire of trial to be had in the faid matter, 
 \vith the advice of the Lords and Barons 
 afleflbrs prcfent, and by an interlocutor, that 
 procefs fhould be deduced in the faid action 
 this day, according to the laws of this 
 Realm. Notwithftanding the writing and 
 proteilation produced by the faid Robert Cun- 
 ningham, and likewife admit him to con- 
 cur and afllft the faid advocates in the pur-' 
 fuancc of the faid action, if he pleaied. 
 
 Here followeth the Copies of the Letters 
 and Writings ftnt to the Queen's Majefty y 
 by the faid Earl of Lenox. 
 
 I Render mod humble thanks unto your 
 Majefty for your gracious and comfor- 
 table letter which I received the 24th day 
 of this inftant. And whereas I perceive by 
 the fame, that it is your Majefty 'splcafure to 
 
 remit
 
 r io8 A Dete&ion of 
 
 remit the trial of this late odious aft to the 
 time of a parliament. May it pleafe your 
 Majefty, although I am allured your High- 
 ncfs thinks the time as long as I do till the 
 matter be tried, and the authors of the deed 
 condignally punifhed 5 yet I (hall humbly 
 crave your Majefty's pardon in troubling 
 your Highnefs fo oft therein as I do 5 for the 
 matter toucheth me fo near, I befcech your 
 Majefty moft humbly to accept this my lim- 
 ple advice in good part, as follows : Which 
 is, that whereas the time is long to the par- 
 liament, this matter not being a parliament 
 matter, but of fuch weight and validity, 
 which ought rather to be with all expedi- 
 tion and diligence fought out and punifhed, 
 to the example of the whole world, as I 
 know your Majefty's wifdom confidcrs the 
 fame far more than my wits can comprehend 5 
 yet, fbrafmuch as 1 hear of certain tickets 
 that have been put on the Tolcbooth door 
 of Edinburgh, anfwcring your Majefty's firft 
 and fecond Proclamations, which mentions 
 in fpccial, the names of certain pcrfons, de- 
 vifbrs of the cruel murder, I mall therefore 
 moft humbly befcech your Majcfty, for the 
 love of God, the honour of your Majefty, 
 your Realm, and the weal and tranquilly 
 thereof, that it would pleafe your Majefty 
 forthwith, not only to apprehend and put in 
 furc keeping the pcrfons named in the faid 
 tickets, but alib with diligence, to aflcmblc 
 
 your
 
 MARY ^ueen of Scots, 109 
 
 your Majefty's Nobility, and then by open 
 Proclamation, to admonifh and require the 
 writers of the faid tickets to appear accord- 
 ing to the effed thereof, at the which time, 
 if they do not, your Majefly, may by advice 
 of your Nobility and Counfel, relieve and fet 
 at liberty the perfons named in the ticket a- 
 forcfaid. So fliall your Majefty do an honour- 
 able and godly ad in the bringing the matter 
 to fuch a narrow point as either the matter 
 fliall appear plainly before your Majefty, to 
 the punifhment of thofe who have been the 
 authors of this cruel deed, or elfe the faid 
 tickets found vain in their felvcs, and the per- 
 fons which are flandered to be exonerated and 
 fet at liberty at your Majefty's pleafure. So I 
 commit your Majefty to the protection of 
 Almighty God, to prcfcrve you in health, and 
 moft happy reign. Of Hoivjton the 26th 
 day of February. 
 
 MA Y it pleafe your Majefty, where your 
 Highncfs in your laft letter writes to 
 to me, that if there be any names in the 
 tickets that was affixt upon the Tolbooth door 
 of Edinburgh? that I think worthy to fuffer 
 a trial for the murther of the King your Ma- 
 jefty's husband, upon my advertifement, your 
 Majefty mould proceed to the cognition tak^ 
 ing, as may ftand with the laws of this Realm, 
 and being found culpable, {hall fee the punifh- 
 ment as rigoroufly executed as the weight of 
 
 the
 
 no A Detection of 
 
 the crime defervcs. May it plcafe your Ma-- 
 jcfty, fincc the receipt of your Higfmcfs Let- 
 ter, I have ftill lookt that fomc of the bloudy 
 murtherers fhould have been openly known 
 ere now. And feeing they are not yet, f can- 
 not find in my heart to conceal the matter 
 any longer, but let your Majefty underftand 
 the names of them whom I greatly fufpect, 
 that is to fay, the Earl Bothwel, Mr. James 
 Ba/for, and Gilbert Balfor his brother, Mr. 
 1)a-vid Chamer, Blackmailer, John Spews, 
 'Senior Francis, Baftian, John the Burdea- 
 <vix, and Jofiph, *T)avids brother. Which 
 perfons I moil intirely and humbly befeech 
 your Majefty, that according to my former 
 Petition unto your Highnefs, it will pleafe, 
 not only to apprehend and put in fure keep- 
 ing, but as with diligence to afiemblc your 
 Majefty's whole Nobility and Council, and 
 then to. take fuch perfeft order of the afore- 
 named perfons, that they may be juftly tried, as 
 I doubt not but in fo doing the fpirit of God 
 fhall work in the faid matter, that the truth 
 {hall be known. So fhall your Majefty do a 
 moft godly and honourble ad, for your felf 
 being the party as you are, a great fatisfadion 
 it fhall be to all that belongs unto him that 
 is gone, who was fb dear unto your High- 
 nefs. And now not doubting but your Ma- 
 jefty will take order in the matter according 
 to the weight of the caufe, which I moft 
 humbly befeech, I commit your Majefty to
 
 MARY ^ueen of Scots, i r i 
 
 the protection of the Almighty God, who pre- 
 ferve you in health, long life, and moft hap- 
 Reign. Of Howjion this fevcntcenth of 
 March. 
 
 AJJizes. 
 
 Andro Earl of Rot he s. 
 George Earl of Caithnes. 
 Gilbert Earl of Caffillis. 
 Lord John Hamilton, Commander of 
 Arbroycht, fon to the Lord Duke. 
 
 James Lord Rv/e. 
 
 Robert Lord Sunp/e. 
 
 John Maxwell Lord Hereif. 
 
 Laurence Lord Qliphant. 
 
 John Mafter of Fonvfs. 
 
 John Gordon of Lothiniztare. 
 
 Robert Lord Bqyd. 
 
 James Cokbourn of Launton. 
 
 John Somer-iile of Cambufnethan. 
 
 Mowbray of Bern Buxal. 
 
 Ogilby of Boyn. 
 
 THE forenamed perfons of Afllze being 
 chofen, admitted and fworn in judgment, as 
 the ufe is. And therefore the faid Earl Both- 
 wel being accuied by the faid didate of the 
 
 crime
 
 ii2 A Detection of 
 
 crime aforefaid, and the fame being denied by 
 him, and referred to the deliverance or the 
 faid Aflize, they removed out of the faid 
 Court, and all together convened, and after 
 long reafoning had by them upon the fame di- 
 tate and points thereof, they and eke one 
 of them for themfelves voted, delivered, 
 and acquit the faid James Earl Bothwel of 
 aft and part of the faid {laughter of the King, 
 and points of the faid dictate. 
 
 AND fince the faid George Earl of Caith- 
 neSy Chancellor of the faid Aflizcs in his and 
 their names asked inftruments, that neither 
 the faid advocates, nor the faid Robert Cun- 
 ningham as have had commiflion of my Lord 
 of Lenox, nor no other brought into them 
 any writing, token, or verification, whereby 
 the diftate above written might be forfeit, nor 
 the faid Aflize perfwaded to deliver any other- 
 wife, than is above written. Nor yet was the 
 faid dictate fworn, nor no party, except the 
 faid advocates, competent to purfue the fame, 
 and therefore in refped: that they delivered 
 according to their knowledge, protcfts that 
 they fhould incur no willful error in any wife 
 hereafter. Which inftrument and proteftati- 
 on immediately after the re-entry of the faid 
 Earl of Caithnes Chancellor, and one part 
 of the named of the faid perfons of Aflize 
 in the faid Court of Jufticiary, before the 
 pronunciation of their deliverance aforefaid, 
 at the defure of the faid Earl of Caithnes was 
 
 openly
 
 f Scots. 115 
 
 openly read in judgment. And thereupon 
 he of new asked ads and inftruments, and 
 protefteth in manner above expreffed, 
 
 EXtraffum de libra aftor.um adjournalts 
 S. D. N. Regin*. "Per me Joahnerh 
 Bellenden de Auchnoule militem, Clencum 
 JuflicidtiA ejufdem generalem. Sub meis 
 Jigno & fubfiriptione mannalibm. 
 
 Johannes Bellenden, Ckricw Juftictaria* 
 
 NOTE that at the fame time proteftation 
 was made by George Earl of Caithnes, Chanr 
 cellor of the faid aflize, that the faid didate 
 or indidment was not in this point true, 
 viz. in alledging the murder to be commit- 
 ted the ninth day of February * for that in- 
 deed the murder was committed the next 
 day, being the tenth day in the morning, 
 at two hours after midnight : Which in law 
 was, and ought to be, truly accounted the 
 tenth day 5 and fo the acquital, that 
 but cavillingly defended. 
 
 The
 
 1 14. c/ Dete&ion of 
 
 The Writings and Letters 
 
 Jound in the faid Casket, 
 
 'which are avowed to be 
 
 'written with the Scottilh 
 
 Queen's own Hand. 
 
 Certain French Sonnets, written by the 
 Queen of Scots to Bothwel, before her 
 marriage with him, and (as it is faid) 
 while her husband lived? but certainly 
 before his divorce from his wife, as the 
 words themfelves fhew, before whom fhe 
 here preferreth herfelf in deferving to be 
 beloved of BotbweL 
 
 ODieux ayez, de moy companion, 
 Et m enfiignez, quelle preuve certain 
 Je puts donmr qui m luy femble <uain 
 De mon amour (y ferine affetiion. 
 Las ! n' eft il fas ja en pojfejjion 
 Du corps ) du coeiir qui ne rcfufe pain 
 Ny dijbonneitr, en la vie incertain y 
 Offenfe de parents, ne pire affliftion ? 
 Pour luy tout mes ames j'eftime moins que rien t 
 t de met ennemis is veux efperer lien.
 
 ueen of Scots. 
 
 J'ay haz,arde pour luy & nom & confcieme : 
 
 Je veux four luy au monde reuoncer : 
 
 Je veux mourir fcur luy auancer. 
 
 Eu refte il plus pour prouver ma conftance? 
 
 Entrefes mains & enfonplein fouveir 
 
 ye metz, mon filz,, mon honneur, & may vie> 
 
 Mon pais, mes fubjeElz. mon ame ajfubjettie 
 
 Eft tout a luy, & nay autoe vaulloir 
 
 Pour mon objeEl que fans le deceuoir 
 
 Suture je veux nialgre toute /' etevie 
 
 Qii iffir en peuh. Car je u' autre e vie 
 
 Que de ma foy, luy fa ire affercevoir 
 
 Que pour tempefte cu bonnace qui face 
 
 Jamais ne veux changer demeure ou place. 
 
 Brief jeferay de ma fay telk preu've^ 
 
 Qu'il cognoiftra fans fainte ma conftance, 
 
 Nonpar mes pleurs ou fainte cbeyjfance, 
 
 Comme autres ont fait, mais par diws efpreuve, 
 
 Elle pour fon honneur i)cim doibt obeyjfance 
 Afoy vow obey Jf ant fen puis recevoir blafme-f 
 N'eftat, a mo regret, comme elle voftre femme. 
 Et fe n aura four tant en ce point preeminence. 
 Pour fon prof t elle ufe de conftance y 
 Carce neft feu d'honxeur d'ejhe de voz, biens dams 
 Et ntoy four vein aimer fen puis recevoir blafme 
 Et ne luy veux beder en toute V observance 
 EUe de 'voftre mal n a I' apprehenfan 
 Afoy je nay nul repos tant je craixs rappareiice 
 Par 1'aduis des parents, elle eut veftre accointance 
 Moy maugre tous let miens vom forte affeElion 
 Et de fa loyaute frenez, ferme affeurance. 
 
 Par vorts mon cxur 6' par 'voftre alliance 
 Elle a remis fa maifon en honneur 
 Elle a jovy par vous la grandeur 
 Dent torn kiffta nayent nul ajfeurance 
 la
 
 ii 6 odT Detedtion of 
 
 De vow man Hen elle a eu la conflance, 
 Et a gaigne pour im temps voflre cceur, 
 Par vow elle a eu plaifir en bon heur, 
 Et pour vow a receu honneur & reverence^ 
 Et n a. perdu Jin on la jovijfance 
 D'un fafekeuxfot quelle aymoit cjerement. 
 Je m la playns d'aymer done ardamment, 
 Celuy qui n 3 a en fens, ny en vaittance y 
 En beaute, en bonte, ny en conftance 
 Point de feconde. 'Je vis en ceftefoy, 
 
 Quant vow I'amiez^ eUe ufoit defroideur* 
 Sy vous foujfriez,, four s'amourpaffion 
 Qui vieut d'aymer de trop d'affeElion y 
 Son doig monftroity la triftejfe de cveur 
 N 3 ay ant plaijir de voftre grand ardeur 
 Enfes habitz,, monflroit fans fiBion 
 Quelle n'avoit paour qu imperfeElion 
 Peufl Fefafer bors ~de ce loyal cceur. 
 De voflre mort je ne vis la peaun 
 Que meritoit tcl mary & Jeigneur. 
 Comme de vvtu elle a eu tout Jon bien 
 Et n 3 a prife ne jamais eflime 
 Un Ji grand heur Ji non puts quil n'eft fien 
 Et maintenant dit I 1 avoir tant ayme. 
 
 Et maintenant elle commence a votr 
 Quelle eftoit bien de mauvais jugement 
 De n 3 eflimer I' amour d 3 un tel amant 
 Et voudroit bien mon amy decevoir, 
 Par les efcriptz, tout fardez, de Jcavoir 
 Qui pourtant neft en fon efprit croijfant 
 Ains emprunte de quelque autbeur luijfant. 
 A faint tres bien un envoy fans I 3 avoir 
 Et toutes fois fes parolks fardez., 
 Ses pleurs, fes plaintts remplis defclions> 
 ft fes bants cm ^ tatnettMtMW, 
 
 On*
 
 MARY Qgeen of Scots. 117 
 
 Ont tant gaigne qui far vous font gardez, 
 Ses left res efaiptes aufquelles iious donnez, foy 
 Et fi r aymez, & croyez, plus que moy. 
 
 Vous lay croyez.^ las ! trop je f appercoy 
 Et vous doutez,, de ma ferine con/lance, 
 O mon feul bien & mon feul efperance^ 
 Et m VQUS puis je aff surer de ma foy 
 VQUS rn eftimez, leger que je voy, 
 Etfi n avez, en moy nul affeurance y 
 Et foupconnez, mon ctzur fans apparence, 
 VQUS defiant a trop grand tort de moy. 
 J/bus ignonz, I' amour que je vcus porte, 
 Vous foupconnez, qu autre amour me tranfporte, 
 J/ous eftimez, mes parolles du vent, 
 T/cus depeignez, de cire mon las cceur, 
 VQUS me penfez, femme fans jugement. 
 Et tout cela augmente mon ardeur. 
 
 Mon amour croifl & plus en plus croiftra 
 'Tant que je viuray, and tiendray a grandheur, 
 'Tant feulement d' avoir part en ce cceur 
 Ve-fs qui en fin mon amour perfiftra 
 Si tres a clair que jamais n y en doutra. 
 Pour luy je vcux rechercher la grandeur^ 
 Et feray tant quen *vray cognoiftra^ 
 Que je nay bien t heur, ne contentement^ 
 Qu' a I' obeyr &fervir loyaument. 
 Pour luy j attend toute bonne fortune. 
 Pour luy je veux gar der f ante tyvie. 
 Pour luy tout vertu de future f ayenvie, 
 Ee fans changer me trouvera tout* une. 
 
 Pour luy au/fi je jette maintes larmes. 
 Premier quand il fe fift de ce corps pojfeffeur, 
 Du quel alors il navoit pas le coeur. 
 Puis me donna un autre dnr alarme^ 
 
 I 3 Quand
 
 1 1 8 t~/t Dete&ion of 
 
 Quand il verfae de fon fang mainte dragme t 
 Dont de grief il me vint laijfer doleur y 
 Qui m'en penfa ofter la i)ie, & frayeur 
 De perdre las ! le feul rempar qui marme. 
 Pour luy depuis jay mefprife I' honneur 
 Ce qui nous feult feul pouruoir de bonkeur. 
 Pour luy fay haz,arde grandeur & conference. 
 Pour luy tous mes parents f ay quite y & amis, 
 Et tous autres refpetfz, font apart mis, 
 Brief de vous feul je cberche I' alliance. 
 
 De vow je dis feul fmftein de ma vie 
 
 Tarn feulentent je cerche m ajfeurer, 
 
 Et fi ofe de moy taut prefumer 
 
 De lims gaigner maugre toute /* envie. 
 
 Car c' eft lefeul dejir de voftre chere amie t 
 
 De vous fervir & loyaument aymer, 
 
 Et tous malheurs moim qui rien eftiwer, 
 
 Et vc/lre vnlonte de la mien nefujure. 
 
 Vous cognoftrez, avecques obeyjfance 
 
 De mm loyal devoir n omitiant lafcience 
 
 A quoy je efludieray pour toufaurs vous complaire 
 
 Sans aymer rien que VDUS, foubz. la fubjeElion. 
 
 De qui je veux fans nulle ftlion 
 
 Vivre & mourir & a ce f obtempere. 
 
 M<M co?ur, tnon fang, ?non ame^ & nton foucy 
 Las t vous m' avez, promts qu aurons ce plaifir 
 De devifer avecques vous a loyfir-t 
 Toute la nuitl, ou je languu jey, 
 Aynnt le coeur a" extreme paour tranfy, 
 Pour voir abfent le but de mon defir 
 Crainte d* oublier uncoup me went a faifr : 
 Et /' autre fois je crains que rendurcie 
 Soit comre moy voyftre amiable coeur 
 Par quelque dit d y un mefchant ramporteur. 
 Un autre fois je crains quelque aventure 
 
 Qui
 
 MARY ^mz0/*Scots. up 
 
 Qui par chemin detou ne mon 
 
 Par un fafcbeux & nouveau accident. 
 
 Dieu detourne touts malheureux augure. 
 
 Afc vous voyant felon qu avez, promt a 
 y ay mis la main au papier our efmre 
 D* un different que je voulu tranfcrire* 
 ^e m fcay fas quel fera Vjflre advis 
 Mais je fcay bien qui mieux aymer fcaura, 
 Vvus diriez, bien que plus y gaignera. 
 
 OGoddefs have of me companion, 
 And fhevv what certain proof 
 I may give, which fhall not feem to him vain, 
 Of my love and fervent affection. 
 He alas, is he not already in pofleflion 
 Of my body, of heart, that refufes no pain, 
 Nor difhonour in this life uncertain, 
 Offence of friends, nor worfe affliction, 
 For him I efteem all my friends lefs than nothing 
 And I will have good hope of my enemies. 
 I have put in hazard for him both fame and con- 
 
 fcience, 
 
 I will for his fake renounce the world, 
 I will die to fet him forward. 
 Whatremaineth to give proof of my confcience? 
 
 In his hands and in his full power, 
 
 I put my fon, my honour, and my life, 
 
 My country, my fubjeds, my foul, all fubdued 
 
 To him, and has none other will 
 
 For my fcope, which without deceit, 
 
 I will follow in fpite of all envie 
 
 That may enfue : For I have no other defire, 
 
 But to make him perceive my faichfulnefs, 
 
 For ftorm or fair weather that may come, 
 
 Never will it change dwelling, or place. 
 
 I 4 Shortly
 
 j 20 ^A Dete&ion of 
 
 Shortly I (hall give of my truth fuch proof, 
 That he fhall know my conflancy without fi&ion, 
 Not by my weeping, or feigned obedience, 
 As pther have done : But by other experience. 
 
 She for her honour oweth you obedience : 
 I in obeying you may receive difhonour, / 
 Not being ( to my difpleafure ) your wife as Ifie? 
 And yet in this poipt fhe f^all have no prehemi- 
 
 nence. 
 
 She ufeth conftanpy for her own profit : 
 For it is no little hpnpur to be miftrefs of your 
 
 gopds, 
 
 And I for loving of you may receive blame, 
 And I will not be overcome by her in loyal qb- 
 
 feryanpe, 
 
 She has no apprehenfipn of your evil, 
 I fear of all appearing evil that I can haye no reft 
 She had your acquaintance by the confent of her 
 
 friends, 
 
 I againft ail their will have born you affe&ion. 
 And not the lefs ( my heart ) you doubt of my 
 
 conflancy, 
 And of her faithfulnefsyou have firm affurance. 
 
 By you ( my heart ) and by your alliance 
 
 She hath reftored her houfe unto honour^ 
 
 By you fhe is bepome to that greatnefs, 
 
 Of which her friends had never aflurance, 
 
 Of you ( my wealth ) fjie got the acquaintance^ 
 
 And hath cpnquer'd the fame time your heart. 
 
 By you fhe hath pleafure and good luck, 
 
 And by ypu hath received honour and reverence, 
 
 And hath not loft but the enjoying 
 
 Of one unpleafant fool, which flie loved dearly. 
 
 Then I mpan her not to love ardently 
 
 Jlim that hath none in wit, in manhood,
 
 MARY ^een of Scots. 121 
 
 In beauty, in bounty, in truth, nor in conftancy, 
 Any feco'nd : I live in the belief. 
 
 When you loved her fhe ufed coldnefs, 
 If you fuffer for her love paffion. 
 That cometh of too great affection of life, 
 Her fadnefs (hews the dolour of her heart, 
 Taking no pleafure of your vehement burning, 
 In her eloathing fhe fliews unfeignedly, 
 That fhe had no fear, that imperfection 
 Could deface her out of that true heart. 
 I did not fee in her the fear of your death, 
 That was worthy of fuch a husband and Lord. 
 Shortly fhe hath of you all her wealth. 
 And hath never weighed nor efteemed 
 On fo great hap, but fince it was not hers, 
 And now fhe faith that file loveth him fo well. 
 
 And now fhe beginneth to fee, 
 
 That fhe was of very evil judgment, 
 
 To efteem the love of fuch a lover, 
 
 And would fain deceive iny love, 
 
 By writings and painted learning, 
 
 Which not the lefs did not breed in her brain, 
 
 But borrowed from forne feat author, 
 
 To feign one ftory and have none. 
 
 And for all that her painted words, 
 
 Her tears, her plaints full of diffimulation, 
 
 And her high cries and lamentations 
 
 Hath won that point, that you keep in ftore, 
 
 Her letters and writings, to which you give truft, 
 
 Yea, and loveft and believe/I her more then me. 
 
 You believe her (alas) I perceive it too well, 
 And calleft in doubt my firm conftancy 
 ( O mine only wealth, and mine only hope ) 
 And I cannot aflure you of my truth. 
 
 I fee
 
 121 ^A Detection of 
 
 I fee that you efteem me light, 
 And be no way afiured of me, 
 And doeft fufped (my heart) with any appear- 
 ing caufe, 
 
 Difcredking me wrongfully. 
 You do not know the love I bear to you. 
 You fufpeft chat other love tranfporteth me. 
 You think my words be but wind : 
 You paint my very heart, as it were of wax ; 
 You imagine me a woman without judgment. 
 And all that increafeth my burning. 
 
 My loveincreafeth, and more and more will increafe 
 So long as I fhall live ; and I fhall hold for a great 
 
 felicity 
 
 To have only part in that heart, 
 To which at length my love fhall appear 
 So clearly, that he fhall never doubt. 
 For him I will drive againft one world ; 
 For him I will renounce greatnefs j 
 And fhall do fo much, that he fhall know 
 That I have no wealth, hap, nor contentation, 
 But to obey and ferve him truly. 
 For him I attend all good fortune : 
 For him I will conferve health and life : 
 For him I defire-to enfue courage : 
 And he fhaU e\er find me unchangeable. 
 
 For him alfo I poured out many tears : 
 Firft when he made himfelf pofleflbr of this body, 
 Of the which then he had not the heart. 
 After he did give me one other hard charge, 
 When he bled of his blood great quantity : 
 Through the great forrow of which, came to me 
 
 that dolour, 
 
 That almoft carried away my life, and the fear 
 To lofe the only ftrength that armed me. 
 
 For
 
 MARY Queen of Scots. 1 23 
 
 For him fince I have defpifed honour, 
 
 The thing only that bringeth felicity : 
 
 For him I have hazarded greatnefs and conference: 
 
 For him I have forfaken all kindred and friends, 
 
 And fet afide all other refpects. 
 
 Shortly, I feek the alliance of you only : 
 
 Of you, I fay, the only upholder of my life, 
 
 I only feek to be allured ; 
 
 Yea, and dare prefume fo much of my felf, 
 
 To win you in fpite of all envy : 
 
 For that is the only defire or" your dear love, 
 
 To ferve and love you truly ; 
 
 And to efteem all this hap lefs than nothing, 
 
 And to follow your will with mine, 
 
 You (hall know with obedience; 
 
 Not forgetting the knowledge of my loyal duty, 
 
 The which I fhall ftudy, to the end that I may 
 
 ever pleafe you ; 
 
 Loving nothing but you ; in the fubjection 
 Of whom I will, without any ficnpn, 
 Live and die ; and this I confent. 
 My heart, my blood, my foul, my care, 
 Alas ! you had promifed that I fhould have that 
 
 pleafure, 
 
 To devife with you at leifure. 
 All the night where I lie and languifh here, 
 My heart being overfet with extreme fear, 
 Seeing abfent the fum of my defire. 
 Fear of forgetting fometime taketh me, 
 And other times I fear that loving hear: 
 Be not hardened againft me 
 By fome faying of one wicked reporter ; 
 Other times I fear fome adventure, 
 That by the way fhould turn back my love, 
 By fome troublefome and new accident. 
 O God ! turn back all unhappy augure. 
 
 Nor 
 
 -
 
 1 24 ^A Detection of 
 
 No: feeing you as you had promifed, 
 I put my hand to the paper to write, 
 Of one (difference that I have will it copy. 
 I cannot tell what fhall be your judgment, 
 But I know well who can beft love, 
 You can tell who fhall win moft. 
 
 A Letter written by her from Glafcow to 
 Bothwel, proving her hate to her Hus- 
 band, and fome fufpicions of pradifing 
 his death : Which Letter was written 
 in French, and here enfueth, tranflated 
 word for word. 
 
 IL femble qu avecques voflre abfencefoit 
 joynt I' oubly, veil qu' anpartir voits me 
 promiftes de vox noveUes* Et toutes foys je 
 tf en puts apprendre, &c. 
 
 IT appears, that with your abfcnce there 
 is alfo joyned forgetfulnefs, feeing that 
 at your departing you promifed to make me 
 advertifement of your news from time to 
 time. The waiting upon them yefterday, 
 caufed me to be almoft in fuch joy as I will 
 be at your returning, which you have delay- 
 ed longer than your promilc was. As to me, 
 howbeit I have no further news from you 
 according to my commifllon, I bring the 
 man with me to CragmtUar upon Monday \ 
 
 where 
 
 >
 
 MARY Q&een of Scots. 125 
 
 where he will be all Wednesday, and I will 
 go to Edinburgh, to draw blood of me, if 
 in the mean time I get no news to the con- 
 trary from you. He is more gay than ever 
 you faw him ; he puts me in remembrance 
 of all things that may make me believe he 
 loves me. Perhaps you will fay, that he 
 makes love to me : Of the which I take fo 
 great pleafure, that I enter never where he is, 
 but incontinent I take the ficknefs of my 
 fore fide, I am fo troubled with it. If 
 *Pareis brings me that which I fend him for, 
 I truft it fhall amend me. I pray you adver- 
 tife me of your news at length, and what I 
 fhall do, in cafe you be not returned when 
 I am come there; for in cafe you work 
 not wifely, I fee that the whole burden of 
 this will fall upon my fhoulders. Provide 
 for all things, and difcourfe upon it firft with 
 yourfelf. I fend this by Betoun, who goes 
 to one day of law of the Lord of Balfours. 
 I will fay no further, faving I pray you to 
 fend me good news of your voyage. From 
 Glafcoiv this Saturday in the morning. 
 
 Another Letter to Bothwel, concerning 
 the hate of her Husband, and practice 
 of his murder. 
 
 EStant party du lieu ou j' awis laijfe mon 
 ^^ cceur il Je peult ayfement juger quelle 
 ejtoit ma contenance, <veu ce qui peult ftn 
 
 corps
 
 126 <-/ Dete&ion of 
 
 corps fans coeur, qui a efte caufe que jufques 
 a la difnee je riay pas temi grand propos, 
 auffi perfonne ne s'efl voulu advancer jugeant 
 bien qtfil n'y faifoit bon, &c. 
 
 BEing departed from the place where I 
 left my heart, it is eafie to be judged 
 what was my countenance, feeing that I was 
 even as much as one body without a heart, 
 which was the occafion that while dinner 
 time I held purpofe to no body, nor yet 
 durft any prefent themfelves unto me, judg- 
 ing that it was not good fo to do. Four 
 miles ere I came to the town, one Gentle- 
 man of the Earl of Lenox came and made 
 his commendations unto me, and excufed 
 him that he came not to meet me, by rea- 
 fon that he durft not entcrprize the fame, 
 becaufe of the rude words that I had fpo- 
 ken to Cunningham, and he defired that he 
 fhould come to the inquifition of the matter 
 that I fufpeded him of. This laft fpeaking 
 was of his own head, without any commit 
 fion. . I anfwered to him, that there was no 
 receit could ferve againft fear, and that he 
 would not be afraid in cafe he were not 
 culpable, and that I anfwered but rudely to 
 the doubts that were in his letters : So that 
 I made him hold his tongue ; the reft were 
 too long to write. Sir James Hamilton 
 met me, who {hewed that the other time, 
 when he heard of my coming, he departed 
 
 away,
 
 MARY Qyeen of Scots. 1 27 
 
 away, and lent Houfton to fhcw him that he 
 would never have believed that he would have 
 purfued him, rlor yet accompanied him with 
 the Hamilton*. He anfwered that he was 
 only come but to fee me, and that he would 
 neither accompany Stewart nor Hamilton but 
 by my commandment. He dejRred that he 
 would come and fpeak with him, he refuted 
 it. The Lord of Lufe, Houfton and Could- 
 wallis fon, with forty horfe or thereabout 
 came and met me. The Lord of Lufe faid 
 that he was charged to one day of law, by 
 the King's father, which fhould be this day, 
 againft his own hand writing, which he has. 
 And yet notwithstanding, knowing of my 
 coming it is delayed, he was inquired to come 
 to him, which he refufed, and fwears that he 
 will indure nothing of him. Never one of 
 that town came to ipeak'to me, which caufes 
 me to think that they are his, and nevcrthe- 
 lefs he fpcaks good, at the leaft his fon. 1 
 fee no other Gentleman, but they of my com- 
 pany. The King fent for Joachim yefter- 
 night, and asked of him, why I lodged not 
 befide him, and that he would rife the fooner 
 if that were, and wherefore I come, if it was 
 for good appointment, and if you were 
 there in particular, and if I had made my 
 eftate, if I had taken c Pareis 
 and Gilbert to write to me, 
 and that I would fend Jo- -J 
 I ana abafhed who 
 
 has
 
 128 ^A Detection of 
 
 has ihewn him fo far, yea he fpake even of 
 the marriage of Baftian. I inquired him of 
 his Letters, whereunto he complained of 
 the cruelty of fome, anfwered that he was 
 aftonifhed, and that he was fo glad to fee me, 
 that he believed to die for gladnefs ; he found 
 great fault that I was penfive, I departed to 
 flipper, this bearer will tell you of my arri- 
 ving, he prayed me to return, the which I 
 did, he declared unto me his ficknefs, and that 
 he would make no teftament but only leave 
 all things to me, and that I was the caufe of 
 his malady, becaufe of the regret that he had 
 that I was fo ftrange unto him. And thus he 
 faid, you ask me what I mean by the cruelty 
 contained in my Letter, it is of you alone 
 that will not accept of my offers and repen- 
 tance. I confefs that I have failed, but not 
 into that which I ever denied, and fuch like 
 has fallen to fundry of your fubjefts which 
 you have forgiven. I am young. You 
 will fay, that you have forgiven me often- 
 times, and yet that I return to my faults. May 
 not any man of my age for lack of counfcl 
 fall twice or thrice, or in lack of his promife, 
 and at laft repent himfelf, and be chaftifed by 
 experience ? If I may obtain pardon, I pro- 
 teft I (hall never make fault again. And I 
 crave no other thing but that we may be at 
 bed and board together as husband and wife, 
 and if you will not confent hereunto, I will 
 never rife out of this bed, 1 pray you tell me 
 
 your
 
 MAR Y tjkueen of Scots. 129 
 
 your rcfolutibn. God knows how I am pu- 
 jmiflicd for making my God of you, and for 
 having no other thought but on you, and if 
 at any time I offend you, you are the caufe, 
 bccaufe when any offends me, if for my re- 
 fuge I might complain unto you, I would 
 ipeak it unto no other body; but when I hear 
 any thing, not being familiar with you, rie- 
 ceffity conftrains me to keep it in my breaft : 
 And that caufes me to try my wit for very an- 
 ger. I anfwered ftraight unto him, but that 
 would be oveiiong to write at length. I asked 
 why he would pafs away in the Englifli fliip, 
 he denies it, and fwears thereunto, but he 
 grants that he fpake with the men. After this 
 I inquired of the inquifttion of Highgate, he 
 denied the fame while I (hewed him the very- 
 words was fpoken. At which time he faid, 
 that Minto had advertifed him that it was faid 
 that fome of the counfel had brought one 
 Letter to me to be fubfcribed to put him in 
 prifon, and to flay him if he made refiftance. 
 And he asked the fame of Minto himfelf, 
 who anfwered, that he believed the fame to be 
 true. In the morning I will fpeak to him up- 
 on this point. As to the reft, William High- 
 gates he confeflfed it, but it was the morn- 
 ing after my coming ere he did it. He would 
 very fain that I mould lodge in his lodging, I 
 refufcd it, and faid to him, that he behoved 
 to be purged, and that could not be done 
 here 5 he faid to me, \ hear fay you have 
 K brought
 
 1 30 A Dete&ion of 
 
 brought one Letter with you, but I had ra- 
 ther have patted with you. I think he be- 
 lieved that he would have fcnt him away pri- 
 foner ; I anfwered that I would take him with 
 me to Cragmtllar, where the Phyfician and I 
 might help him, and not be far from my fon, 
 he anfwered, that he was ready when I plea- 
 fed, fo I would afliire him of his requeft, he 
 defires no body to fee him, he is angry when 
 I (peak of Walcar, and fays, that he mall 
 pluck the ears from off his head, and that he 
 lies : For I inquired him upon that, and that 
 he was angry with fome of the Lords, and 
 would threaten them, he denies that, and 
 fays, he loves them all, and prays me to give 
 truft to nothing againft him 5 as to me he 
 would rather give his life ere he did any dif- 
 pleafure to me. And after this he fhewed me 
 of fo many little flatteries, fo coldly, and fo 
 wifely, that you will be afhamed thereat. I 
 had almoft forgot that he faid he could not 
 doubt of me in this purpofe of Htghgates, 
 for he would never believe that I, who was 
 his proper flefh, would do him any evil, as 
 well it was fhewn that I refufed to fubfcribe 
 the fame ; but as to any others that would 
 purfuc him atleaft he mould fell his life dear 
 enough, but he fufpeded no body, nor yet 
 would not, but would love all that I loved, 
 he would not let me depart from him, but de- 
 fired that I fhould wake with him, I make it 
 fcem that I believe that all is true, and takes 
 
 heed
 
 MARY ^ueenof Scots. 
 
 heed thereto, and excufed my felf for this 
 night that I could not wake $ he fays, he 
 ileeps not well, you faw him not better, nor" 
 fpeak more humble. And if I had not a 
 proof of his heart of wax, and that mine 
 were not of a Diamond, whereinto no (hot 
 can make breach, but that which comes forth 
 of your hand, I would have almoft had pity 
 of him. But fear not, the place fhall hole( 
 unto the death. Remember in recompense 
 thereof that ye fuffer not yours to be won by 
 that falfe race that will travel no lefs with you 
 for the fame, I believe they have been at 
 fchool together, he has ever the tear in his 
 eye, he falutes every body, yea unto the leafl* 
 and makes piteous moan unto them to make 
 them have pity on him. This day his father 
 bled at the mouth and nofc, ghefs what pre^ 
 fage that is. I have not yet feen him, he 
 keeps his chamber, The King defaes that I 
 fhould give him meat with mine own hands, 
 But give no more truft where you are then I 
 fhali do here, This is my firft journey,* I 
 ihall fend the fame to morrowv I write all 
 things, howbeit they be of little weight, ttf 
 the end that ye may take the beft of all t& 
 judge upon. I am in doing of a work here 
 that I hate greatly. Have you not a defire ttf 
 laugh to. fee me lie fd well^ at the leaft tc 
 difiemblc fo well, and to tell him truth be-- 
 twixt hands. He fhewed me almoft all that 
 is in the nanie of the Bifhop and
 
 1 32 A Detection of 
 
 and yet I have never touched one word of 
 that you fhewed me, but only by force flat- 
 tering, and to pray him to allure himfelf of 
 me. And by complaining on the Bifhop I 
 have drawn it all out of him. You have 
 heard the reft. We are coupled with two 
 falfc races, the Devil funder us, and God knit 
 us together for the moft faithful couple that 
 ever he united. This is my faith, I will die 
 in it. Excufe it, I write evil, you may ghefs 
 the half of it, but I cannot mend it, becaufe 
 I am not well at eafe, and very glad to write 
 unto you when the reft are aileep, fith I can- 
 not deep as they do, and as I would defire, 
 that is, in your arms my dear love, whom I 
 pray God to preferve from all evil, and 
 fend you rcpoie > I am going to feck mine 
 till the morning, when I fhall end my Bible ; 
 but I am vexed that it flops me to write news 
 of my felf unto you, becaufe it is fo long. 
 Advcrtife me what you have deliberated to do 
 in the matter, you know upon this point, to 
 the end that we may underftand each other 
 well, that nothing thereof be fpilt. I am 
 weary, and going to fleep, and yet I ceafer 
 not to fcriblc all this paper in fo much as re- 
 mains thereof. Wearied might this pocky 
 man be, that caufes me to have fo much pain j 
 for without him I fhould have a far plea- 
 fanter fubjeft to difcourfe upon. He is not 
 overmuch deformed, yet he has received very 
 much, He has olmoft (lain me with his breath, 
 
 it
 
 MARY ^(ueenoj Scots. 
 
 it is worfe than your Uncles, and yet I 
 come no nearer unto him but in a chair at the 
 bed's feet, and being at the other end thereof. 
 
 THE meflage of the father in the Gate. 
 
 THE purpofe of Sir James Hamilton. 
 
 O F that the L. of Lujje fhewed me of the 
 delay. 
 
 O F the demands that flic asked of Jao- 
 chim. 
 
 OF my eftate, of my company, of the 
 pccafionof my coming, and of Jo/If h. 
 
 Item? The purpoie that he and I had toge- 
 ther. 
 
 O F the deiire he has to pleafe me, and of 
 his repentance. 
 
 O F the interpretation of his Letter. 
 
 F William Highgate's matter of his de- 
 parting. 
 
 OF Monfieur de Levingfton. 
 
 1 had almoft forgot that Monfieur de Le- 
 *vingfton faid in the Lady Rerefe's ear at fupper$ 
 that he would drink to the folk I wift of, if I 
 would pledge them. And after fupper he faid 
 to me when I was leaning upon him warm- 
 ing me at the fire j you have fair going to fee 
 fuch folk, yet you cannot be fo welcome un- 
 to them, as you left fome body this day in 
 fadneis, that will never be merry while he 
 he fee you again. I asked of him, who that 
 was ? With that he thruft my body and faid, 
 that fome of his folks had fcen you in fafche- 
 ry, you may gucfs at the reft. I wrought this 
 
 K 3 day
 
 1 34. A Detection of 
 
 day while it was two hours upon this bracelet, 
 for to put the key of it within the lock 
 thereof, which is coupled underneath with 
 two cordwins. 1 have had fo little time that 
 it is evil made ; but I fhall make one fairer 
 in the mean time. Take heed that none that 
 is here fee it, for all the world will know it ; 
 becaufe for hafte it was made in their pre- 
 fence. I am now palling to my intended 
 purpofe. You make me diflemble fo far that 
 I have horror thereat ; and you caufe me to 
 do almoil the office of a traitour. Remem- 
 ber how if it were not to obey you, I had ra- 
 ther be dead ere I did it 5 my heart bleeds at 
 it. So that, he will not come with me ex- 
 cept upon condition that I will promife to 
 him that J mail be at bed and board with 
 him as before, and that I fhall leave him not 
 after j and doing this upon my word he will 
 do all things that I pleafe, and come with 
 me > but he prayed riie to remain with him 
 while another morning. He fpake very brave- 
 ly at the beginning, as this bearer will fhew 
 you, upon the purpofe of the Englifhmen, 
 and of his departing ; but in the end he re- 
 turned again to his humility. He {hewed 
 amongft other purpofcs that he knew well e- 
 nough, that my brother had (hewed me that 
 thing which he had fpoken in Sniveling 5 of 
 the which he denies the one half, and above 
 all, that ever he came in his chamber. For 
 to make bin) truft me, it behoved me to fain 
 
 in
 
 MARY QyeenoJ Scots. 
 
 in fome things with him 5 therefore when he 
 requefted me to promifc unto him, that when 
 he was whole we fhould have both one bed, I 
 faid to him, fainingly and making me believe 
 his promifes, that if he changed not purpofes 
 betwixt this and that time, I would be con- 
 tent therewith ; but in the mean time I bad 
 him take heed that he let no body know 
 thereof, becaufe to fpeak amongftour felves 
 the Lords could not be offended, nor will 
 evil therefore. But they would fear in refped 
 of the boafting he made of them, that if ever 
 we agreed together, he mould make them 
 know the little account they took of him > 
 and that he counfelled me not to purchafc 
 fome of them by him, they for this caufc 
 would be in jealoufic, if attains without their 
 knowledge, I fhould break the play let up in 
 the contrary in their prefence. He faid very 
 joyfully ; and think you they will jcfteem you 
 the more for that ? but I am very glad that 
 you fpeak to me of the Lords, for I believe 
 at this time you defire that we fhould live 
 together in quietnefs ; for if it were other- 
 ways, greater inconvcniency might come to 
 us both then we arc aware of 5 but now I will 
 do what ever you will do, and will love all 
 that you love, and dcfircs you to make them 
 love in like manner ; for fince they feek not 
 my life, I love them all equally. Upon this 
 point the bearer will fhew you many fmall 
 things. Becaufe I have over much to write, 
 K 4 and
 
 A Detection of 
 
 and it is late, I give traft unto him upon your 
 word. So that he will go upon my word tQ 
 all places. Alas, I never deceived any body ; 
 but J remit me altogether to your will. Send 
 me advertifemcnt what I mall do, and what- 
 foever thing fhall come thereof I fhall obey 
 you. Advife to with your felf if you can 
 find out any more fecret invention by me- 
 dicine : For he mould take medicine and the 
 $ath at Cragmillar. He may not come forth 
 of the houfe this long time. So that by all 
 that I can learn, he is in great fufpition ; and 
 yet notwithstanding he gives creditto my word ; 
 but yet not fo far as that he will fhew any thing 
 to me. But neverthelefs I fhall draw it out 
 of him, if you will that I avow all unto him. 
 But I will never rejoyce to defame any body 
 that trufts in me ; yet notwithstanding you 
 may command me in all things. Have no e- 
 vil opinion of me for that caufe, by reafon 
 you are the occaftpn of it your felf, becaufe for 
 mine own particular revenge I would not do 
 it to him. He gives me fome checks of that 
 which I feared, yea even in the quick, he fays 
 thus far, that his faults were publifht, but 
 there is that commits faults that believe they 
 \vill never be fppken of, and yet they will 
 fpeak of great and fmall. As towards the 
 Lady JL>r/hefaid, I pray God that me may 
 ferye you for your honour. And faid, it is 
 thought, and h? believes it to be true, that I 
 have not the power of my felf over my feff, 
 
 and
 
 MARY jtyeen of Scots. 1 37 
 
 and that becaufe of the refufe I made of 
 his offers. So that, for certainty he fu- 
 fpeds of the thing you know, and of his 
 life. But as to the laft, how foon that I fpake 
 two or three good words unto him,he rejoices, 
 and is out of doubt. I faw him not this even- 
 ing to end your bracelet, to the which I can 
 get no locks, it is ready for them, and yet I 
 fear it will bring fome evil, and may be feen 
 if you chance to be hurt. Advertife me if 
 you will have it, and if you will have more 
 filver, and when I fhall return, and how far 
 I may fpeak. He inrages when he hears of 
 Lethington, or of you, or of my brother, of 
 your brother he fpeaks nothing, he fpeaks of 
 the Earl of Argyle. I am in fear when I hear 
 him {peak ; fpr he afiurcs himfelf that he has 
 not one evil opinion of him He fpeaks no- 
 thing of them that is ought neither good or 
 evil, but flies that point. His father keeps his 
 chamber, I have not feen him. All the Ha- 
 miltons are here, that accompanies me very 
 honourably. All the friends of the other con 
 veys me when I go to fee him. He deiires 
 me to come, and fee him rife the morn be- 
 time. For to make fhort, this bearer will tell 
 you the reft. And if I learn any thing here, 
 I will make you a memorial at even. He will 
 tell you the occafion of my remaining. Burn 
 this Letter, for it is over dangerous, and no- 
 thing well faid in it -, for I am thinking up 
 on nothing but fraud. If you be in Edin- 
 burgh
 
 138 A Dete&ion of 
 
 burgh at the receit of it, fend me word foon. 
 Be not offended, for I give not over great 
 credit. Now feeing to obey you my dcar 
 Lovc, I fpare neither honour, confcience, 
 hazard, nor greatnefs whatfo- 
 ever, take it I pray in good 
 part; and not after the inter- 
 pretation of your falfe good brother 5 to 
 whom I pray you give no credit, againft the 
 moft faithful lover that ever you had, or ever 
 fhall have. See not her "johofe 
 BothwelV o f atn t tears Jhould not be fo much 
 praifed nor efteemed, as the 
 true and faithful travels , which I fuftain 
 for to merit her place. For obtaining of the 
 which againft my nature, I betray them that 
 may impeach me. God forgive me, and God 
 give you, my only love, the hap and profpe- 
 rity, which your humble and faithful love de- 
 fires of you, who hopes to be (hortly another 
 thing to you for the reward of my irkibme 
 travels. It is late, I defire never to ceafe from 
 writing unto you, yet now after the killing 
 of your hands, I will end my Letter. Ex- 
 cufe my evil writing, and read it twice over. 
 Excuie that thing that is fcribled, for I had 
 no paper yeftcrday when I writ that, of die 
 memorial. Remember your love, and write 
 unto her, and that very oft. Love me as I 
 mall do you. Remember you of the pur- 
 pofe of the Lady R?refe, of the Englifhmcn, 
 of his Mother, of the Earl of Argyle, of 
 
 the
 
 MARY tyeen of Scots. 1 39 
 
 the Earl Bothwel, of the lodging in Edin- 
 burgh. 
 
 Another Letter to Botbwel, concerning 
 certain tokens that fhe fent him. 
 
 MOnfieurfi I' envy de voftre ab fence, ce- 
 luy de voftre oubly, la crainte du dan- 
 ger, tant prove d' un chacun a voftre tant 
 amee ferfonne, &c. 
 
 MY Lord if the difpleafure of your ab- 
 fence, of your forgetfulnefs, the fear 
 of danger fb promifed by every one to your 
 fo loved perfon, may give me confolation, I 
 leave it to you to judge, feeing the milhap that 
 my cruel lot and continual mifa^venture, has 
 hitherto promifed me following the misfor- 
 tunes and fears as well of late as of a long time 
 by-paft, the which you do know. But for all 
 that I will in no wife accufe you, neither of 
 your little remembrance, neither of your lit- 
 tle care, and leaf! of all your promile broken, 
 or of the coldnefs of your writing, fince I 
 am elfe fo far made yours, that that which 
 plcafes you is acceptable to me, and my 
 thoughts are fo willingly fubdued unto yours, 
 that I fuppofe that all that comcth of you, 
 proceeds not of any of the caufes aforcfaid, 
 but rather for fuch as be juft and reafonablc, 
 and fuch as I defirc my felf. Which is the fi- 
 nal
 
 140 A Detection of 
 
 nal order that you promifed to take, for the 
 furety and honourable fervice of the only fup- 
 porter of my life. For which alone I will 
 breferve the fame, and without the which I 
 defire not but fuddain death. And to tefti- 
 fie unto you how lowly I fubmit me under 
 your commandments. I have fent you in fign 
 qf homage by Tareis the ornament of the 
 
 head, which is the chief guide of 
 'Ahead. the other members. Inferring 
 
 thereby, that by the feifmg of you 
 in the pofleflion of the fpoil of that which 
 is principal, the remnant cannot be but fub- 
 jed unto you, and with confenting of the 
 heart. In place whereof fince I have elfe left it 
 unto you, I fend unto you one fepulture of 
 hard ftone coloured with black, fawin with 
 tears and bones. The ftone I compare to my 
 heart, that as it is carved in one fiaiffpfrftnA 
 or harbour of your commandments, and a- 
 bove all of your name and memory, that 
 
 are therein inclofed, as is my heart 
 Thegueen in this ring never to come forth, 
 heir. while death grant unto you to one 
 
 trophic of victory of my bones, as 
 the ring is filled, in fign you have made one 
 full conqueft of me, of mine heart, and un- 
 to that my bones are left unto you, in re- 
 membrance of your victory, and my accept- 
 able love and willingncfs, for to be better be- 
 ftowed than I merit. The am cling that is a- 
 bout is black, which jRgnifiesthc ftedfaftnefs of 
 
 her
 
 MARY Queen of Scots, 
 
 her that fcndcth the fame. The tears arc 
 without number, fo are the fears to diipleafc 
 you, the tears for your abfence, die difdain 
 that I cannot be in outward effed yours, as I 
 am without faintnefs of heart and fpirit, and 
 of good reaibn, though my merits were much 
 greater than that of the moft profit that ever 
 was, and fuch as I defire to be, and fhall take 
 pains in conditions to imitate, for to be be- 
 flowed worthily under your regiment. My 
 only wealth receive therefore in as good part 
 the fame, as I have received your marriage 
 with extreme joy, that which fhall not part 
 forth of my bofome while that marriage of 
 our bodies be made in publick, as fign of all 
 that I either hope or defire of blifs in this 
 world. Yet my heart, fearing to difpleafe 
 you, as much in the reading hereof, as it de- 
 lights me in the writing, I will make an end, 
 after that I have kiflfed your hand, with as great 
 affedion as I pray God ( O the only fupporter 
 of my life ) to give you long and blelled life, 
 and to me your good favour, as the only good 
 that I dcftre, and to die which I pretend. I 
 have fhewn unto this bearer that which I have 
 learned, to whom I remit me, knowing the 
 credit that you give him, as me doth, that 
 will be for ever unto you an humble and 
 obedient lawful wife, that for ever dedicates 
 unto you her heart, her body, without an/ 
 change as unto him that I have made pofTelTor 
 of my heart, of which you may hold you 
 
 allured,
 
 14.2 'A Dete6lion of 
 
 aflured, that unto the death fhall no ways bfe 
 changed, for evil nor good fhall never make 
 me go from it. 
 
 Another Letter to Botbwel of her love to 
 
 him. 
 
 JA T veille plus tard ta haut queje n euffe 
 fait, fi ce ' euft efte four tirer ce qtie 
 ce forteur vous dira , que je treuve la 
 plus belle commodite four excufer 'uoflre af- 
 faire quice fourroit frefenter, &c, 
 
 "" Have waked later there up then I would 
 JL^ have done, if it had not been to draw 
 fomething out of him, which this bearer will 
 fhew you, which is the faireft commodity, 
 that can be offered to excufe your affairs. I 
 have promifed to bring him to him in the 
 morn. Put order to it if you find it good. 
 Now Sir, I have broken my promife, be- 
 caufe you commanded me nether to write 
 nor fend unto you ; yet I have not done this 
 to offend you. And if you knew the fear 
 that I have prefently, you would not have fo 
 many contrary fufpitions in your thought, 
 which notwithstanding I treat and cherifh as 
 proceeding from the thing in the world that I 
 moft defire and feek fafteft to have, which is 
 your good grace. Of the which my behaviour
 
 MARY Qyeen of Scots. 
 
 (hall afiure me 5 as to me I mail never defpair 
 of it. And prays you according to your pro- 
 mife to difcharge your heart unto me j other- 
 wife I will think that my evil and the good 
 handling of her that has not a third part of 
 the faithful nor willing obedience unto you 
 that I bear, has won againft my will that ad- 
 vantage over me, which the fecond love of 
 Jafon won. Not that I will compare you to 
 r one fo unhappy as he was, nor yet my felf 
 to one fo unpitiful a woman as fhe. How- 
 beit you caufe me to be fomewhaf iikc un- 
 to her in any thing that touches you, or that 
 may prefervc and keep you unto her, to whom 
 only you appertain : If it be ib that I may ap- 
 propriate that which is won through faith- 
 ful, yea only loving of you, as I do and fhall 
 do all the days of my life, for pain or evil 
 that can come thereof. In recompence of 
 the which, and of all the evils which you 
 have been caufe of to me, remember you up- 
 on the place here bcfide. I crave with that 
 you keep promife to me in the morn, but that 
 we may meet together, and that yon give no 
 faith to fufpicions without the certainty of 
 them. And I crave no other thing of God, 
 but that you may know that thing that is in my 
 heart, which is yours, and that he may prc. 
 ferve you from all evil, at leaft fo long as I 
 have life, which I repute not precious unto 
 me, except in fo far as it and I both are agree- 
 able unto you, I am going to bed, and will 
 
 bid
 
 144 A Dete&ion of 
 
 bid you good night. Advertife me timely 
 in the morning how you have fared, for I 
 will be in pain until I get word. Make 
 good watch ; if the bird get out of the cage, 
 or without her mate, as the Turtle, I fhali 
 remain alone to lament your abfcnce, how 
 Ihort that foever it be. This letter will do, 
 with a good heart, that thing which I can- 
 not do myfelf, if it be not that I have fear 
 that you are in flceping. I durft not write 
 this before Jofeph, Baftian, and Joachim, 
 that did but depart even when I began to 
 fyrite. 
 
 Another Letter to Botbwel concerning the 
 departure of Margaret Carwood> whcx 
 was privy, and a helper of all their 
 love. 
 
 MON cceur Mas ! fant it que lafoUie 
 d'une femme, dont vous cognoiffe& 
 ajjez, I'mgratitude vers moy y foit caufe de 
 WHS donner deplaifir, &c. 
 
 Y heart, alas, muftxthc folly of a 
 _ woman, whofe unthankfulncfs to- 
 ward me you do fufficiently know, be oc- 
 cafion of difplcafure unto you ? confidering 
 that I could not have remedied thereunto 
 without knowing it } And fmce that I per- 
 ceive it, I couW not tell it you, for that I 
 
 knew
 
 MARY ^tyeen of Scots. 
 
 knew not how to govern my felf therein. 
 For neither in that, nor in any other thing, 
 will I take upon me to do any thing with- 
 out knowledge of your will : Which I be- 
 feech you let me underftand j for I will fol- 
 low it all my life, more willingly than you 
 fhall declare it to me. And if do not fend 
 me word this night what you will that I 
 fhall do, I will rid my felf of it, and hazard 
 to caufe it to be enterprized and taken in 
 hand ; which might be hurtful unto that 
 whereunto both we do tend. And when 
 {he fhall be married, I befeech you give me 
 one, or elfe I will take fuch as fhall con- 
 tent you, for their conditions, but as for their 
 tongues or faithfulnefs toward you, I will 
 not anfwer. I befeech you, that an opinion 
 of another perfbn be not hurtful in your 
 mind to my conflancy. Miftruft me, but 
 then I will put you out of doubt and clear 
 my felf. Refufe it not, my dear life, and 
 fuffer me to make you fome proof by my 
 obedience, my faithfulnefs, conftancy, and 
 voluntary fubjection, which I take for the 
 pleafanteft good that I might receive, if you 
 will accept it, and make no ceremony at it, 
 for you could do me no greater outrage, 
 nor give more mortal grief. 
 
 Another
 
 Dete&ion of 
 
 Another Letter fent from Sterling to Both- 
 wet concerning the practice for her ra- 
 viihment. 
 
 MOnfteur helas, pourquoy eft voftre fiance 
 mife en perfonne fi indigne, four 
 Joupconner ce qui eft entierement vaftre. 
 J' enrage, <vous m'a vtez, promife, &c. 
 
 ALAS, my Lord, why is your truft put 
 in a perfon fo unworthy, to miftruft 
 that which is wholly yours > I am mad. You 
 had promifed me that you would refolve all, 
 and that you would fend me word every 
 day what 1 fhould do, you have done nothing 
 thereof. I advcrtifed you well to take heed 
 of your 1 falfe Brother-in-law; he came to 
 me, and without {hewing me any thing from 
 you, told me that you had willed him to 
 write to you that that I fhould fay, and 
 where and when you fhould come to me, 
 and that that you fhould do touching him, 
 and thereupon hath preached unto me that 
 it was a foolifh enterprize, and that with 
 mine honour I could never marry you, fee- 
 ing that being married, you did carry me 
 away, and that his folks would not fuffer 
 it, and that the Lords would unfay them- 
 fclvcs, and would deny that they had faid. 
 To be fhort, he is all contrary. I told him, 
 
 that
 
 MARY G^een of Scots. 147 
 
 that feeing I was come fb far, if you not 
 withdraw yourfelf of yourfclf, that no per- 
 fwaiionj nor death itfelf, fhould make me 
 fail of my promife< As touching the place, 
 you are too negligent (pardon me) to remit 
 yourfelf thereof unto me. Chufe it your* 
 felf, and fend me word of it. And in 
 the mean time I am fick, I will differ, as 
 touching the matter it is too late. It was 
 not long of me that you have not thought 
 thereupon in time. And if you had not 
 more changed your mind fince mine abfence 
 than I have, you fhould not be now to ask 
 fuch refolving. Well, there wanteth no- 
 thing of my part 5 and feeing that your ne- 
 gligence doth put us both in the danger of 
 a falfe brother, if it fucceed not well, I will 
 never rife again. I fend this bearer unto 
 you, for I dare not truft your brother with 
 thefe letters, nor with the buftnefs. He fhall 
 tell you in what ftate I am, and judge you 
 what amendment thefe new ceremonies 
 have brought unto me. I would I were dead, 
 for I fee all goeth ill. You promifed other 
 manner of matter of your forefeeing, but 
 abfence hath power over you, 
 who have two firings to your Another Wife. 
 bow. Difpatch the anfwer, that 
 I fail not, and put no truft in your brother 
 for this enterprize, for he hath told it, and 
 is alfo quite againft it. God give you good 
 night. 
 
 L a Another.
 
 14.8 ^A Dete&ion of 
 
 Another Letter to Bothwel, for the prac- 
 tice and device to excufe the ravifhing. 
 
 DU lieu & de I'heure je m'en rap forte 
 a <voftre frere & a <vous, je le fuiuray 
 & ne fauldray en rien de ma part. Iltrouve 
 
 beaucoaf de difficultez,, &c. 
 
 
 
 OF the place and the time, I remit my 
 felf to your brother and to you. I 
 will follow him, and will fail in nothing of 
 my part. He findcth many difficulties : I 
 think he do:h advertife you thereof; and 
 what he doth advertife you for the handling 
 of himfelf. As for the handling of my felf, 
 I heard it once well devifcd. Mcthinks that 
 your fervices, and the long amity, having 
 the good will of the Lords, do "well deferve 
 a pardon, if above the duty of a fubjecl: you 
 advance yourfclf, not to conftrain me, but 
 to allure yourfelf of fuch place nigh unto 
 me, that other admonitions or foreign per- 
 fwafions may not let me from conferring 
 to that that you hope your fervice fhall make 
 you one day to attain : and to be fhort, to 
 make yourfelf fure of the Lords, and free to 
 marry : and that you are conftrained for your 
 furety, and to be able to ferve me faithfully, 
 to ufe an humble requeft, joyned to an im- 
 portune aftion. And to be fhort, excufe 
 
 yourfelf,
 
 M:\RYQyeettofScots. 149 
 
 yourfelf, and perfwade them the moft .you 
 can, that you are conftrained to make pur- 
 fuit againft your enemies. You (hall (ay- 
 enough , if the matter or ground do like 
 you, and many fair words to Led'mton. If 
 you like not the deed, fend me word, and 
 leave not the blame of all unto me. 
 
 Another Letter to Bothivel of the practice 
 for her ravifhment, and to advife him 
 to be ftrange to do it. 
 
 "X /T Onjieur defuis ma lettre efcrit voftre 
 JV JL beaufrere qu't fuft, en venn a moy 
 fort trifle, <& m' a demande mon coiwfeil de 
 ce qu'ilferoit of res demain y dec. 
 
 MY Lord, fince my letter written, your 
 Brother-in-law that was, came to me 
 very lad, and both asked me my councel, what 
 he mould do after to-morrow, bccaufe there 
 be many folks here, and among others the 
 Earl of Souther land, who would rather die, 
 confidering the good they have fo lately re- 
 ceived of me, than fufifer me to be carried 
 away, they conducting me.; and that he 
 feared there fhould fome trouble happen of 
 it : of the other ilde, that it fhould be faid 
 that he were unthankful to have betrayed 
 me. I told him, that lie ihould have rclbl- 
 vcd with you upon all that 5 and that he 
 L 3 fhould
 
 DetedHon of 
 
 fhoald avoid, if he could, thofe that were 
 moft miftrufted. He hath refolved to write 
 thereof to you of my opinion ; for he hath 
 abafhed me to fee him fo unrefolved at the 
 need. I affure myfelf, he will play the part 
 of an honeft man. But I have thought good 
 to advertife you of the fear he hath, that he 
 fhould be charged and accufed of treafon, to 
 the end that without miftrufting him, you 
 may be the more circumfpecr, and that you 
 may have the more power. For we had 
 yefterday more than three hundred horfe of 
 his, and of Lenifton. For the honour of 
 God be accompanied rather with more than 
 Jefs 5 for that is the principal of my care. 
 I go to write my difpatch, and pray God to 
 fend us an happy interview fhortly. I write 
 in hafte, to the end you may be advifed in 
 time. 
 
 Of the Bills of ^Proclamation and Combat 
 fet up by Bothwel, and the Anfwers. 
 
 IMMEDIATELY after the death of the 
 King, who was murthered, and his 
 houfe blown up with gun-powder, the 9th 
 day of February in the night, 1567. Pro- 
 clamation was made, That whofoever could 
 bewray the cruel murtherers of the King 
 ihould have two thoufand pounds. Unto the 
 which proclamation, reply was made, and 
 fet up privily upon the Toleboth door of 
 
 Edin-
 
 MARY ^een of Scots. i $ i 
 
 Edinburgh^ the i6th of February ', in this 
 manner : 
 
 BECAUSE proclamation is made, that 
 whofoever will reveal the murthercrs 
 of the King fhall have two thoufand pounds, 
 I, who have made inquisition by them that 
 were the doers thereof, affirm that the com- 
 mitters of it were the Earl 
 Bothwel, Mafter James Bal- if this be not 
 foure, the Parfon of FKsk, %%. 
 Mr. \Da-vid Chambers, Black f oor d. 
 Mr. John Spence, who was 
 principal devifer of the murther, and the 
 Queen afienting thereto, through the per- 
 fwafion of the Earl Bothwel^ and the witch- 
 craft of the Lady Bucklough. 
 
 UPON this, new proclamation was made 
 the fame day, defiring the fetter up of the 
 faid bill to come and avow and fubfcribe 
 the fame, and he ftiould have the fum pro- 
 mifed in the firft proclamation, and further, 
 according to his ability, and fight of the 
 Queen and her council. 
 
 THE anfwer thereunto was fet up in the 
 place aforefaid, the morrow after, being the 
 i pth of the fame month. 
 
 FORSOMUCH as proclamation hath been 
 made fince the fetting up of my firft 
 letter, defiling me to fubfcribe and avow the 
 L 4 fame >
 
 152 ^A Detection of 
 
 fame ; for anfwer, I dcfire the money to be 
 eonfigned into an evenly man's hand, and I 
 I fhall appear on Sunday next, with fome four 
 with me, and fubfcribe my firft letter, and 
 abide thereat. And further, I defire that 
 Senior Francis Baftian, and Jofeph the 
 Queen's Goldfmith, be ftay'd, and I mall de- 
 clare what every man did in particular, with 
 their complices. 
 
 To which bill no anfwer was made. 
 
 THE 1 3 th day of April the Earl Bothwel 
 coming to the feilions at Rdinbtirgh, with 
 an enfig* difplayed, and the ftreets full of 
 armed men of his fadion, was arraigned for 
 mmther of the King, and acquit of the fame 
 by a perjured jury: Whereupon he fet up a 
 challenge to fight hand to hand with any man 
 (being no perfon defamed) that would avow 
 the matter. 
 
 HEREUNTO anfwer was made by ano- 
 ther bill fet up in the fame place anon after. 
 
 THAT forafmuch as the faid Earl Both- 
 wel had fet up a writing fubfcribed 
 with his own hand, whereby he did challengp 
 any man (not defaced) that would or durft 
 fay he was guilty of the King's death, and 
 therewithal did give the lie in his throat to 
 him that would avouch the quarrel j a Gen- 
 tleman, arid a man of good fame, did by 
 thole prefents accept the offer and offers, 
 
 and
 
 MARY Queen of Scots. 
 
 and would prove by the laws of arms that 
 he was the chief author of that foul and 
 horrible murther, albeit an inqueft for fear 
 of death had (lightly quit him. 
 
 D becaufe the King of France and the 
 Queen of England had, by their Embafla- 
 dors, defired that trial and punifhment might 
 be had for the fame, he moft heartily there- 
 fore craved of their Majefties, that they 
 would deftre of the Queen his Sovereign, 
 that by her confent they might appoint the 
 day and place within their dominions for 
 the trial thereof, according to the law of 
 arms, in their prefences, or in their depu- 
 ties : Which day and place he promifed by 
 the faith of a Gentleman to appear at, and 
 to his devoir, provided always that their 
 Majefties by open proclamation fhall give 
 afTurance to him and to his company, td 
 pafs and repafs through their countries, 
 without hurt or impediment What juft 
 caufe he had to defire the King of France 
 and the Queen of England to be judges in 
 the cafe, he remitted to the judgment of the 
 readers and the hearers, warning by thofe 
 prefents the reft of the murtherers to prepare 
 themfelves, for they Ihould have the like 
 offer made unto them, and their names 
 given in writing, that they might be known 
 
 unto all men. 
 
 
 
 The
 
 1 54. <*A Detection of 
 
 The ConfeJJlons of John Ha- 
 
 and Pourie, upon whom was 
 juftice executed the qd of 
 January, the year of God 
 
 JOHN BOWTON conferred, that nine 
 was at the deed doing, my Lord Both- 
 wel y the Lord of Ormtflon, Hob Ormifton, 
 himfclf, Tatta, Ttaglijh, Ftlfon, 'Pourie, and 
 French Taris, and that he faw no more, nor 
 knew of no other companies. 
 
 Item, H E knows no other but that, that 
 he was blown in the air, for he was handled 
 with no mens hands as he faw; and if it 
 was, it was with others, and not with them. 
 
 Item, A s touching Sir James Balfcur, 
 he faw not his fubfcription ; but I warrant 
 you he was the principal counicllor and de- 
 vifcr. 
 
 Item, HE
 
 MARY Queen of Scots. 
 
 Item, H E faid, I confefs that it is the 
 very providence of God that has brought me 
 to his judgment, for I am led to it as an 
 horfe to the ftall ; for I had fhips provided 
 to fly, but could not efcape. 
 
 Item, HE faid, let no man do evil for 
 counfel of great men, or their mafters,"think- 
 ing they fhall fave them $ for fiirely I thought 
 that night that the deed was done, that al- 
 though knowledge mould be got, no man 
 durft have faid it was evil done, feeing the 
 hand writ, and acknowledging the Queen's 
 mind thereto. 
 
 Item, SPEAKING of the Queen in the 
 Tolebooth, he faid, God make all well 3 
 but the longer the dirt is hidden, it is the 
 ftronger. Who lives, our deaths will be 
 thought no news. 
 
 Item, I N the conclusion he confefled, he 
 was one of the principal doers of the death, 
 and therefore was juftly worthy of death 5 but 
 he was afliired of the mercy of God, who 
 called him to repentance. 
 
 Itemf~"l IALLA confefled, utfufra, agreeing 
 
 JL in all points as concerning the 
 
 perfons, number, and blowing up into the air. 
 
 Item, H E affirmed, that in Seton my Lord 
 
 Bothwel called on him, and faid, What 
 
 thought you when you faw him blown in the 
 
 air ? Who anfwered, Alas, my Lord, why 
 
 fpeak you that ? for whenever I hear luch a 
 
 thing,
 
 I $6 
 
 thing, the words wound me to death, as they 
 ought to do you. 
 
 Ite m, THAT fame time he faw Sir James 
 Balfour put in his own name and his bro- 
 ther's unto my Lord Bothwel's remiflion. 
 
 Item, HE knew of the deed doing three 
 or four days ere it was done, or thereabout. 
 
 Item, H E faid, After that I came to the 
 Court I left the reading of God's word, and 
 embraced vanity, and therefore has God juftly 
 brought this on me. 
 
 WHEREFORE let all men fhun evil 
 company, and to truft not in men, for ready 
 are we to embrace evil, as ready as tinder 
 to receive fire. And further, in the Tole- 
 booth he required John Brand, Miniftcr of 
 the Congregation, to pafs to my Lord I^nd- 
 fiy, and fay, My Lord, heartily I forgive 
 your Lordfhip, and alfo my Lord Regent, 
 and all others, but fpecially them that be- 
 trayed me to you ; for I know if you could 
 have faved me you would, deilring as ye will 
 anfwer before God at the latter day to do 
 your diligence to bring the reft who were 
 the beginners of this work to jufticc, as 
 ye have done to me ; for ye know it 
 was not begun in my head j but yet he 
 praifes God that his juftice has begun at 
 me, by the which he has called me to re- 
 pentance. 
 
 DAGLEISH
 
 MARY Queen of Scots. 157 
 
 Item, T~"\AGLEISH faid, As God fhall be 
 \_J my judge, I knew nothing of the 
 King's death before it was done ; for my Lord 
 Bothwel going to his bed, after the taking 
 off of his hofe, which was flocked with 
 velvet, French farts came and ipake witU 
 him, and after that he tarried on me for 
 other hofe and cloaths, and his riding cloak 
 and fword, which I gave him, and after that 
 came up to the gate to the Lord Ormiftoris 
 lodging, and tarried for him, and thereafter 
 that he pafied to a place befide the Black 
 Friers, and came to the Slope of the Dyke, 
 where he bid me ftand (till; and as God 
 fhall be my judge, I knew nothing while I 
 heard the blaft of powder 5 and after this 
 he came home, lay down in his bed, while 
 Mr. George Hacket came and knocked at the 
 door ; and if I die for this, the which God 
 judge me if I knew more, what fhall be done 
 to the devifers, counfellors, fubfcribers, and 
 fortifiers of it ? 
 
 Now
 
 Now judge, Englifhmen, if it be good to 
 change Queens. 
 
 O uniting confounding ! 
 
 When rude Scotland has vomited up a 
 foyfin, muft fine England lick it up for a 
 reftorative? 
 
 O vile indignity ! 
 
 While your Queen's enemy liveth, her 
 danger continueth. T>ejperate necejjlty will 
 dare the utmofl. 
 
 O cruel mercy / 
 
 O ambition ! fed with pro fperity, ftrength- 
 ned with indulgence, irritated with adver- 
 ty y not to be neglefted, trufted, nor par- 
 doned.
 
 D E JURE 
 
 R E G N I 
 
 A P U D 
 
 S C O T O S. 
 
 OraDiscotrRSE concerning the due 
 
 )&?tt>f leg* of d5oi)ctmeiit 
 
 I N THE 
 
 Kingdom of SCOTLAND, 
 
 In a DIALOGUE betwixt 
 
 GEORGE BUCHANAN 
 
 AND 
 
 THOMAS MAITLANV. 
 By thefaid GEORGE BUCHANAN. 
 
 And tranflated out of the Original Latin 
 by a Perfon of Honour of the Kingdom of Scotland. 
 
 ^Printed in the Tear M DCC xxi.
 
 THE 
 
 TRANSLATOR. 
 
 T O TH E 
 
 READER 
 
 Candid Reader, 
 
 HAVE prefumed to trouble 
 your attention with the ce- 
 remony of a Preface 5 the 
 end and defign of whieh is 
 not to ufher in my Tranfla- 
 tion to the world with cu- 
 rious embellifhments of Oratory (that fer- 
 Ving only to gratify, of inchant a luxuriant 
 fancy) but alleunarly to apologize for it, in 
 CL3
 
 Tranjlator to the Reader. 
 
 cafe a ZoikiS) or a Momus, fhall happen to 
 perufc the fame. Briefly, then I reduce all that 
 cither of thefe will (as I humbly perceive) ob- 
 ject againft this my work, to thefe two gene- 
 rals, prevaricattito and ignorance. Firft, they 
 will call me a prevaricator, or prevaricating 
 interpreter, and that upon two accounts, i . 
 Becaufc I have (fay they) fophiflicated the ge- 
 nuine fenfe and meaning of the learned au- 
 thor, by interpreting and foifting in fpuri- 
 ous words of mine own. 2. That I have 
 quite alienated the litteral, fenfc in other places 
 by a too paraphraftical exposition. To the 
 firft I anfwcr, that none are ignorant, - that 
 the original of tin's piece is a lofty lacon'^k 
 ftilc of latin : Now I once having undertaken 
 proviciam interpret;*, behoved to render my 
 interpretation fomewhat plain, and obvious 
 which I could never do in fbme places, with- 
 out adding fome words (claritatis gratia] 
 but always I fought out the fcope (as far as my 
 fliallow capacity could reach) and fluted them 
 thereunto. Wherein I am hopefull that no 
 ingenious impartial Reader, not prepofleffed 
 with prejudice againft the matter contained 
 in the original, and confcqucntly againft tfce 
 tranflation thereof, will find much matter of 
 guarrcl upon that account, if he will but take 
 
 an
 
 Tranjlator to the Reader. 
 
 n overly view of the original, and fo cornr 
 pare the Tranflation therewith. For I have 
 teen very (paring in adding ought of my 
 own. To the fecond branch of the firft 
 challenge I anfwer briefly ; there are none 
 who have the leaft (mattering of common 
 fenfe, but know well enough, that it is 
 morally impoffible for an Interpreter to make 
 good language of any Latin piece, if he 
 ihall always verbum verbo redere ; I mean, 
 if he adhere fp clofe to the very rigour of 
 original, as to think it illicite to ufe any 
 paraphrafe, although the fuccinclneis and 
 fummary comprehenfivenefs of the original 
 ftile even ciy aloud for it, as it were 5 but 
 to filencc in a word thcfe critical fnarlcrs, 
 where ever I have ufed any paraphrafe, I 
 likewife have fet down the exposition ad 
 verbum (to the beft of my knowledge) as 
 near as I could. 
 
 THE fecond challenge is of ignorance., and 
 
 that becaufe I have paflcd by fome Latin 
 
 verfes of Seneca, which arc at the end of 
 
 , this THalogue, containing the Stoicks dc- 
 
 fcnption of a * King, without rranflating 
 
 * In this Edition 'tis tranflared into Ewglijb Verfe by a 
 jnodern Hand. 
 
 them
 
 Tranjlator to tie Reader. 
 
 them into Englijh. Now, true it is I have 
 done fo, not becaufe I knew not how to 
 interpret them (for I hope, candid Readers 
 at leaft will not fo judge of me) but becaufe 
 I thought it not requifite to meddle with 
 them, unlefs I could have put as fpecious a 
 luftre upon them, as my pen would have pul- 
 led off them (for otherwife I would have 
 greatly injured them) which could never be 
 done without a fublime vein of Poefy, where- 
 in I ingenuoufly profefs ignorance : fo that if 
 the laft challenge be thus underftood, tran- 
 feat, becaufe 
 
 Nee font e labra frolui Cabalino, 
 Nee in bicipiti fomniaffe TarnaJJo, 
 Memini ut repentejtc Toeta prodirem. 
 
 And hence it is, that all the Latin verfes, 
 which occur in this 'Dialogue, are by me 
 tranflated into profe, as the reft : But I fear 
 I have wearied your patience too long akeady, 
 and therefore I will go no further 5 I wifh you 
 fatisfa&ion in the Book, and fo 
 
 Vive & Vale* 
 
 GEORGE
 
 GEORGE BUCHANAN, 
 
 TO 
 
 King JAMES 
 
 THE 
 
 Sixth of that name. King of 
 Scots, lyijheth all health 
 and 
 
 Wrote fever al years ago, when a~ 
 mongfl us affairs were very turbu- 
 lent > a ^Dialogue of the right of 
 the Scots Kings, wherein I endeavoured to 
 explain from the very beginning (if I may 
 M f*
 
 Epiftle Dedicatory 
 
 fo fay) what right, or what authority 
 both Kings and ^People have one with ano- 
 ther. Which book, when for that time it 
 feemed fomewhat profitable, as /hutting the 
 mouths of fame, who more by importunat cla- 
 mours at that time, than what was right, in- 
 weighed againfl the courfi of affairs, requi- 
 ring they might be levelled according to the 
 rule of right reafon ; but matters being fome- 
 what mor 2 peaceable, lalfo having laid down 
 my arms, very willingly devoted my felf to 
 fublick concord. Now having lately fallen 
 upon that deputation, which Ifoundamongft 
 my papers , and perceiving therein many 
 things which might be nectary for your age y 
 (effe dally you being placed in that part of 
 hitman affairs ) I thought good to piiblijjj it, 
 that it might be aftanding witnefs of mine 
 affection towards you, and admontjh you of 
 your duty towards your Subjects. Now many 
 things per fwaded me that this my endeavour 
 jhould not be in vain , efpecially your age 
 not yet corrupted bj prave opinions, and in- 
 clination far above your years for under- 
 taking all heroical and noble attempts, fpon- 
 taneoufly making haft thereunto, and not on- 
 ly your promptitude in obeying your Inftru- 
 ffors. and Go-uernours > but all fuch as give 
 
 you
 
 to the KIN G. 
 
 you found admonition, and your judgment and 
 diligence in examining affairs, fo that no 
 mans authority can have much weight with 
 you, unlefs it be confirmed by probable rea- 
 fon. I do perceive alfo, that you by a cer- 
 tain natural inftintt do fo much abhor flat- 
 tery, which is the nurfe of Tyranny, and & 
 woft grievous flague of a Kingdom, fo as 
 you do hate the Court foltecifmes and barba- 
 rifmes no lefs, than thofe that feem to cen- 
 fure all elegancy, do love andaffeEtfuch things^ 
 and every where in difcourfe fpread abroad* 
 as the fauce thereof, thefe titles of Maje- 
 fty, Highnefs, and many other unfavory 
 compellations. Now albeit your good natu- 
 ral difpojition, and found inftruttions, where- 
 in you have been principled, may at prefent 
 draw you away from falling into this error > 
 yet 1 am forced to be (bme what jealous of 
 you, left bad company, the fawning f oft er+ 
 mother of all vices , draw a-jide your foft 
 and tender mind into the worfl part ; efpe- 
 cially feeing I am not ignorant, how eafi- 
 ly our other fenfes yeild to feduffion. This 
 book therefore I have fent unto you to be 
 'not only your monitor > but alfo an i 
 nat and bold exatfor , which in this l 
 tender and flexible years may condn< 
 
 M a ~t
 
 1 66 Tie due Privilege of 
 
 the progrefs of his ftudies. lor if I, being 
 but of an ordinary fpirk, and almoft of no 
 fortune, in an illiterate age, have fo wreftled 
 with the iniquity of the times, as that I feem 
 to have done fomewhat : then certainly they 
 who are born in a more happy age, and who 
 have maturity of years, wealth and pregnan- 
 cy of fpirit, ought not to be deterred by pair>s 
 from noble defigns, nor can fuch deipair be- 
 ing afliiled by fo many helps. They fhould 
 therefore go on with vigour to illuftrate learn- 
 ing, and to commend themfeives and thofe of 
 their nation to the memory of after ages, 
 and poilcrity, yea if they would but beftir 
 themfeives herein fomewhat actively, it might 
 come to pafs, that they would eradicate out of 
 men's minds that opinion, that men in the 
 cold regions of the world, are at as great di- 
 ftance from learning, humanity, and all en- 
 dowments of the mind, as they are diftant 
 from the fun. For as nature hath granted to 
 the Africans, Egyptians^ and many other 
 nations more fubtle motions of the mind, 
 and a greater fharpnefs of wit, yet (he hath 
 not altogether fo far caft off any Nation, as 
 to Ihut up from it an entry to vcrtue and ho- 
 nour. Hereupon, whilft he did fpcak mean- 
 ly of himfelf ( which is his modefty ) but of 
 me more affectionately than truly : At laft 
 the trad of difcourfe drew us on fo far as I 
 judged convenient for that time 5 I began by 
 courfe to ask him, what was the opinion of 
 
 the
 
 the Scots Government. 1 6j 
 
 the French e or other nations with whom he 
 had converfcd in France, concerning our af- 
 fairs ? For I did not queftion, but that the no- 
 velty of affairs (as is ufual) would give oc- 
 cafion and matter of difcourfc thereof to all. 
 Why ( faith he ) do you defire that of me > 
 For feeing you are well acquainted with the 
 courfe of affairs, and is not ignorant what 
 the moft part of men do {peak, and what 
 they think, you may cafdy guefs in your own 
 confcience, that is, or at leaft fhould be the 
 opinion of all. 
 
 B. BUT .the farther that foreign nations arc 
 at a diftanc'e, they have the lefs cauics of 
 wrath, hatred, love and other perturbations, 
 which may ' divert the mind from truth, and 
 for the moft part they fo much the more 
 judge of things fincerely, and freely (peak 
 out what they think : That very freedom of 
 fp caking and conferring the thoughts of the 
 heart doth draw forth many obfcure things, 
 difcovers intricacies, confirm doubts, and may 
 Hop the mouths of wicked men, and teach 
 fuch as are weak. 
 
 M. SHALL I be ingenious with you ? 
 
 B. WHY not? 
 
 M. ALTHOUGH I had a great defire after fo 
 long a time, to viiit my native country, pa- 
 rents, relations, and friends, yet nothing 
 did fo much inflame my deftrc, as the cla- 
 mour of a rude multitude : For albeit I 
 thought my felf well enough fortified cither 
 M 4 by
 
 1 68 Tbe due Privilege of 
 
 by my own conftant pradice, or the moral 
 precepts of the moft learned, yet when I 
 came to fall upon the prefent cafe, I know not 
 how I could conceal my pufillanimity. For 
 when that horrid villany not long fince here 
 perpetrate, all with one voice did abominate 
 it, the author hereof not being known 5 
 the multitude which is more afted by preci- 
 pitancy, than ruled by deliberation, did charge 
 the fault of fome few upon all ; and the com- 
 mon hatred of a particular did redound to the 
 whole nation, fo that even (iich as were moft 
 remote from any fufpicion, were inflamed 
 with the infamy of men's crimes. When there- 
 fore this ftonn of calumny was calmed, I be- 
 took my {elf very willingly in this port, 
 wherein notwithstanding I am afraid, I may 
 dafh upon a rock. 
 
 B. WHY, I pray you ? 
 
 M. BECAUSE the atrocioufnefs of that late 
 crime doth feem fo much to inflame the 
 minds of all already exaiperate, that now no 
 place of apology is left. For, how mall I 
 be able to iuftain the impetuous aflaults, not 
 only of the weaker fort, but alfo of thofe 
 who feem to be more fagacious, who will ex- 
 claim againft us, that we were content with 
 the (laughter of an harmlefs youth, an un- 
 heard of cruelty, unlcfs we (hpuld fhew ano- 
 ther new example of atrocious cruelty againft 
 women, which fex very enemies do fpare 
 when cities are taken in by force. Now from 
 
 what
 
 tie Scots Government. 1 
 
 what villany will any dignity or Majefty de- 
 ter thofe, who thus rage againft Kings ? Or 
 what place for mercy will they leave, whom 
 neither the weaknefs of fex, not innocency 
 of age will reftrain ? equity, cuftom, laws, 
 the refped to Sovereignty, reverence of law- 
 ful Magiftracy, which hence- forth they will 
 ether retain for fhame, or coerce for fear, 
 when the power of fuprcam authority is ex- 
 pofed tp the ludibry of the bafeft of the peo- 
 ple, the difference of equity and iniqui- 
 ty, of honefty and diflionefty being once 
 taken away, almoft by a publick confcnt, 
 there is a degeneracy into cruel barbarity. I 
 know I fhall hear thefe, and more atrocious 
 than thcfe fpoken how foon I fhall return 
 into France again ; all mens ears in the mean 
 time being fhut from admitting any apology 
 or fatisfadion. 
 
 B. BUT I fhall eafily liberate you of this 
 fear, and our nation from that falle crime. For, 
 if they do fo much dcteft the atrocioufncfs 
 of the firft crime, how can they rationally re- 
 prehend fc verity in revenging it ? Or if they 
 take it ill, that the Queen is taken order with, 
 they muft needs approve the firft deed ; 
 choofe you then, which of the two would 
 you have to feem cruel. For neither they 
 nor you can praife or reproach both, provid- 
 ed you underftarid your felvcs. 
 
 M< I do indeed abhor and dcteft the King's 
 murthcr, and am glad that the nation is free 
 
 of
 
 170 The due Privilege of 
 
 of that guilt, and that it is charged upon the 
 wickednefs of iomc few. But this laft fact 
 I can neither allow nor difallow, for it 
 feems to me a famous and memorable deed, 
 that by counfcl and diligence they have fearch- 
 ed out that villany, which fmce the memory 
 of man is the moft heinous, and do purltie 
 the perpetrators in a hoftile manner. But in 
 that they have taken order with the chief 
 Majcftratc, and put contempt upon Sove- 
 reignty, which amongft all nations hath been 
 always accounted great and facred. I know 
 not how all the nations of Europe will relifh 
 it, especially fuch as live under kingly Go- 
 vernment 5 furely the greatnefs and novelty 
 of the fact doth put me to a demur, albeit I 
 am not ignorant what may be pretended on 
 the contrary, and fo much the rather, bccaufe 
 fome of the A&ors are of my intimate ac- 
 quaintance. 
 
 B. N o w I almoft perceive, that it doth 
 perhaps not trouble you fo much, as thole 
 of foreign nations, who would be judges of 
 the vertues of others to whom you think fa- 
 tisfadion muft be given. Of thefe I fhall fet 
 down three forts efpecially, who will vehe- 
 mently enveigh againft that deed. Thefirft 
 kind is moft pernicious,whcrcin thofc are,who 
 have mancipated themfeives to the lufts of 
 Tyrants, and think every thing juft and law- 
 ful for them to do, wherein they may gratinc 
 Kings, and meafure every thing not as it is in 
 
 it
 
 tloe Scots Government. 171 
 
 it felf, but by the luft of their Matters. Such 
 have fo devoted themfelvcs to the lulls of o- 
 thers , that they have left to themfelvcs no 
 liberty either to fpeak or do. Out of this 
 crew have proceeded thofe, who have moft 
 cruelly murthcrcd that innocent youth, with- 
 out any caufe of enmity, but through hope 
 of gain, honour, and power at Court to fa- 
 tisfie the luft of others. Now whilft iuch 
 feign to be forry for the Queen's cafe, they 
 are not grieved for her misfortunes, but look 
 for their own fecurity, and take very ill to 
 have the reward of their moft heinous crime, 
 ( which by hope they fwallowcd down ) to 
 be pulled out of their throat. I judge there- 
 fore that this kind of men fhould not be fatif- 
 fied fo much by reafoning, as chaftifcd by the 
 feverity of laws, and force of arms. Others 
 again are all for themfclves ; thefe men, tho' 
 otherwife not malicious, are not grieved for 
 the publick calamity ( as they would fecm to 
 be) but for their own domcftick damages, 
 and therefore they feem to ftand in need ra- 
 ther of Ibme comfort, than of the remedies 
 of perfwaiive reafoning and laws. The reft, 
 is the rude multitude, which doth admire at 
 all novelties, reprehend many things, and 
 think nothing is right, but what they them- 
 fclves do or fee done? for how much any 
 thing done doth incline from an ancient cu- 
 ftom, fo far they think it is fallen from ju- 
 ftice and equity. And bccaufc thefe be not 
 
 led
 
 r i 72 The due Privilege of 
 
 led by malice and envy, nor yet by fclf-inte- 
 reft, the moft part will admit information, 
 and to be wearied from their crrour, fo that 
 being convinced by the ftrength of rcafon, 
 they yeild : Which in the matter of Religi- 
 on, we find by experience very often in thcle 
 days, and alfo have found it in proceeding 
 ages. There is almoft no man fo wild, that 
 cannot be tamed, if he will but patiently 
 hearken to inftrudion. 
 
 M. SURELY we have found oftentimes that 
 very true. 
 
 $.WHEN you therefore deal with this kind 
 of People fo clamorous and very importunat, 
 askfomeof them, what they think concern- 
 ing the punifhment of Caligula, Nero or ^Do- 
 'mitian, I think there will be none of them 
 Ib addicted to the name King, that will not 
 confefs, they were juftly puniflicd. 
 
 M. PERHAPS you fay right, but thefe 
 very fame men will forthwith cry out, that 
 they complain not of the punifhment of Ty- 
 rants, but are grieved at the fad calamities of 
 lawful Kings. 
 
 B. D o you not then perceive how eafily 
 the people may be pacified > 
 
 M. NOT indeed, unlcfs you fay fome o- 
 tlicr thing. 
 
 B. BUT I fhall caufc you imderftand it in 
 few words, the people ( you fay ) approve 
 the murthcr of Tyrants, bur compaflionatc 
 the misfortune of Kings, would they not then 
 
 change
 
 the Scots Government. 1 7 3 
 
 change their opinion, if they clearly under- 
 ftood what the difference is betwixt a Tyrant 
 and a King? Do you not think that this 
 might come to pafs, as in many other cafes ? 
 
 M. I F all would confefs that Tyrants arc 
 juftly killed, we might have a large entry- 
 made open to us for the reft, but I find fome 
 men, and thefe not of imall authority, who 
 while they make Kings liable to the penalties 
 of the Laws, yet they will maintain Tyrants 
 to be facred perfons ; but certainly by a pre- 
 pofterous judgment, if I be not miftaken, yet 
 -they are ready to maintain their Goverment, 
 albeit immoderate and intolerable, as if they 
 Avere to fight for things both facred and 
 civil. 
 
 B. I have alfo met with feveral Perfons of- 
 tentimes, who maintain the fame very perti- 
 nacioufly 5 but whether that opinion be right 
 or not, we ihall farther difcufs it hereafter at 
 better conveniency. In the mean time, if 
 you pleafe, let us conclude upon this, upon 
 condition, that unlefs hereafter it be not fuffi- 
 ciently confirmed unto you, you may have li- 
 berty to retrad the fame. 
 
 M. O N thefe terms indeed I will not re- 
 fufe it. 
 
 JB. LET us then conclude thefe two to 
 be contraries a King and a Tyrant. 
 
 M. B E it fo. 
 
 B. H E therefore that mail explain the ori- 
 ginal and caufe of creating Kings, and what 
 
 the
 
 1 74 The due Privilege of 
 
 the duties of Kings arc towards their people, 
 and of people towards their Kings, will he not 
 feem to have almoft explained on the other 
 hand, what doth pertain to the nature of a 
 Tyrant. 
 
 M. I think fo. 
 
 B. T H E rcprefentation then of both be- 
 ing laid out, do you not think that the peo- 
 ple will underftand alfo, what their duty is 
 towards both ? 
 
 M. I T is very like they will. 
 
 B. Now contrary wife, in things that are 
 very unlike to one another, which yet are 
 contained under the fame genus, there may 
 be fome fimilitudes, which may eafily in- 
 duce imprudent perfons into an errour. 
 
 M. DOUBTLESS, there may be fuch, 
 and elpccially in the fame kind, where that 
 which is the worft of the two doth eafily per- 
 fonate the beft of both, and ftudics nothing 
 more, than to impofe the fame upon fuch as 
 are ignorant. 
 
 B. HAVE you not fome reprefentation of 
 a King and of a Tyrant imprefTed in your 
 mind ? For if you have it, you will fave me 
 much pains. 
 
 M. INDEED I could eafily exprefs what 
 Idea I have of both in my mind, but I fear, 
 it may be rude and without form 5 therefore 
 I rather dcfire to hear what your opinion is, 
 left whilft you are a refuting me, our di 
 courfe become more prolix, you being both 
 
 in
 
 tie Scots Government. 
 
 in- age and experience above me; and are 
 well acquaint not only with the opinions of 
 others, but allo have feen die cuftoms of ma- 
 ny, and their Cities. 
 
 B. I mall then do it, and that very wil- 
 lingly, yet will I not unfold my own opinion 
 fo much, as that of the Ancients, that there- 
 by a greater authority may be given to my 
 difcourfe, as not being fuch as is made up with 
 rcfpeft to this time, but taken out of the opi- 
 nions of thofe, who not being concerned in 
 the prefcnt controverfie, have no lefs elo- 
 quently, than briefly, given their judgment, 
 without hatred, favour, or envy, whofe cafe 
 was far from thefe things ; and their opinions 
 I (hall efpecially make ufe of, who have not 
 frivoloufly trifled away their time, but by ver- 
 tue and counfel have flourifhcd both at home 
 and abroad in well governed common- wealths. 
 But before I produce thefe witnefles, I would 
 ask you fome few things of no (mall impor- 
 tance, that there may be no necefllty to digrefs 
 from the purpofe in hand, nor to ftay in ex- 
 plaining or confirming things that are perfpi- 
 cuous and well known. , 
 
 M. I think we fhould do fo ; and if you 
 pleafe, ask me. 
 
 B, D o you not think that the time hath 
 been, when men did dwell in cottages, yea and 
 in caves, and as ftrangers did wander to and 
 fro without Laws, or certain dwelling places, 
 and did aifcmble together as their fond hu- 
 mours
 
 i j6 The due Privilege of 
 
 mours did lead them, or as fbmc commodity, 
 and common utility did allure them ? 
 
 M. FORSOOTH I believe that ; feeing it 
 is confonant to the courfc and order of na- 
 ture, and is tcftified by all the Hiftorics of all na- 
 tions almoft, for Homer doth defcribe the re- 
 prefentation of fnch a wild and barbarous kind 
 of life in Sicily > even in the time of the Tro- 
 jans. Their Courts (faith he) do neither abound 
 with Councils nor Judges, they dwell only 
 in darkfome caves, and every one of them in 
 high mountains ruleth his own houfe, wife 
 and children, nor is any of them at leifure 
 to communicate his domeftick affairs to any 
 other. About the fame time alfo Italy is faid 
 to be no better civilifed, as we may eafily con- 
 jedure from the moft fertile regions almoft 
 of the whole world, how great the folitude 
 and waftnefs there was in places on this fide 
 of Italy. 
 
 B. B u T whether do you think the vagrant 
 and folitary life, or the alfociations of men 
 civilly incorporate, moft agreeable to nature ? 
 
 M. T H E laft without pcradventure, which 
 utility the mother almoft of juftice and equi- 
 ty did firft convocat, and commanded to give 
 figns or warnings by found of trumpet, and 
 to defend thcmfclves within walls, and to 
 flmt the gates with one key. 
 
 B. BUT, do you think that utility was the 
 firft and main caufe of the aflbciation of 
 men ? 
 
 M. WHY
 
 tie Scots Government. 177 
 
 M. WHY not, feeing I have heard from 
 the learned, that men are born for men ? 
 
 B. UTILITY indeed in fome fcems ve- 
 ry efficacious, both in beginning and conferv- 
 ing the publick fociety of mankind 5 but if I 
 miflakc not, there is a far more venerable, or 
 ancient caufe of mens aflbciating, and a more 
 antecedaneous and facrcd bond of their civil 
 community, otherwile, if every one would 
 have a regard to his own private advantage, 
 then furely that very utility would rather difc 
 folve than unite human fociety together. 
 
 M. PERHAPS that may be true, there- 
 fore I defire to know what other caufe you 
 will aflign. 
 
 B. A certain inftinct of nature, not only 
 in man, but alfo in the more tamed fort of 
 beafts, that although thefe allurements of uti- 
 lity be not in them, yet do they of their own 
 accord flock together with other beafts of 
 their own kind : but of thefc others we have 
 no ground of debate 3 furely we fee this in- 
 ftind by nature fo deeply rooted in man, 
 that if any one had the affluence of all things, 
 which contribute either for maintaining health, 
 or pleafure and delight of mind, yet he will 
 think his life unpleafant without human con- 
 verfe. Yea, they who out of a defirc of 
 knowledge, and an endeavour of inveftiga- 
 ting the truth, have withdrawn themfelves 
 from the multitude, and retired to fccret cor- 
 N ners,
 
 j 78 The due 'Privilege of 
 
 ners, could not long endure a perpetual vex- 
 ation of rnind, nor, if at any time they fhould 
 remit the fame, could they live in folimde, 
 but very willingly did bring forth to light 
 their very fecret ftudies, and as they had la- 
 boured for the publick good, they did com- 
 municate to all the fruit of their labour. But: 
 if there be any man who doth wholly take 
 delight in folitude, and flee from converfe 
 with men, and fhun it, I judge it doth ra- 
 ther proceed from a diftemper of the mind, 
 than from any inftind of nature, fuch as we 
 have heard of Timon the Athenian, and Bel- 
 lerophon the Corinthian, who (as the Poet 
 faith) was a wandering wretch on the E- 
 lean coalr, eating his own heart, and fleeing 
 the very footfteps of men. 
 
 M. I do not in this much diflent from 
 you, but there is one word nature here fet 
 down by you, which I do often ufe rather 
 out of cuftom, than that I underftand it, and 
 is by others fo varioufly taken, and accom- 
 modate to fo many things, that for the moft 
 part I am at a Hand to what I may mainly 
 apply it. 
 
 B. F o R so o T H at pfefent I would hate 
 no other thing to be understood thereby, than 
 that LIGHT infufedby God into our minds \ 
 for when God formed that creature more fa- 
 cred, and capable of a celeftial mind, and 
 which might have dominion over the other 
 creatures, he gave not only eyes to his Body, 
 
 whereby
 
 the Scots Government, 
 
 whereby he might evite things contrary to 
 his condition, and follow after fuch as might 
 be ufeful, but alfo he produced in his mind 
 a certain LIGHT, whereby he might difccrn 
 things filthy from honeft; this light fome 
 call Mature, others /v&z? Law of nature, for 
 my own part, truly I think it is of a Heaven- 
 ly ft amp, and I am fully perfwaded, that na- 
 ture doth never fay one thing, and wtfdom 
 another. Moreover, God hath given us ail 
 abridgment of that LAW, which might con- 
 tain the whole in few words, viz. Thatw* 
 jhould love him with all our foul, and our 
 Neighbours as our fehes, all the books of 
 holy Scripture which treat of ordering our 
 com} erf at ion, do contain nothing elfe but an 
 explication of this Law. 
 
 "M. You think then that no Orator or" 
 Lawyer, who might congregate diiperfed 
 men, hath been the Author of human focie- 
 ty, but God only? 
 
 B. IT is fo indeed, and with Cicero, I 
 think there is nothing done on earth more 
 acceptable to the great God, who rules the 
 world, than the aflbciations of men legally 
 united, which are called Civil incorporations* 
 whofe feveral parts mult be as compadly join- 
 ed together, as the feveral members of our 
 Body, and every one muft have their proper 
 funftion, to the end there may be a mutual 
 co-operating for the good of the whole, and 
 a mutual propelling of injuries, and a fore* 
 N a feeing
 
 1 80 The due Privilege of 
 
 feeing of advantages, and thcfe to be com- 
 municate for engaging the benevolence of all 
 amongft themfelvcs. 
 
 M. You do not then make utility, buC 
 that divine Law rooted in us from the be- 
 ginning, to be the caufe ( indeed the far more 
 worthy and divine of the two ) of mens in- 
 corporating in political Societies. 
 
 B. I mean not indeed that to be the Mo- 
 ther of Equity and Juflice, as fome would 
 have it, but rather the handmaid, and to be 
 one of the guards in cities well conftitute. 
 
 M. HEREIN I alfo agree with you. 
 
 B. Now as in our bodies confiding of 
 contrary elements, there arc difeafes, that is, 
 perturbations, and fome inteftine tumults, e- 
 ven ib there muft be of necelfity in thefe 
 greater bodies, that is in Cities, which alfo 
 confift of various, ( yea and for the molt part) 
 contrary humours, or forts of men, and thefe 
 of different ranks, conditions and natures, and 
 which is more, of fuch as cannot remain one 
 hour together approving the fame things 5 and 
 furely fuch muft needs foon diffolve and come 
 to nought 5 if one be not adhibited, who 
 as a Phyfician may quiet fuch difturbances , 
 and by a moderate and wholelbme tempera- 
 ment confirm the infirm parts and compeffce 
 redundant humours, and fo take care of all the 
 members, that the weaker may not languid* 
 for want of nutrition, nor the ftronger be- 
 CQine luxuriant too much. 
 
 M. TRULY 

 
 tie Scots Government. 1 8 1 
 
 M. TRULY, it rnuft needs be fo. 
 
 B. H o w then fhall we call him who pcr- 
 fbrmeth thefe things in a civil Body ? 
 
 M. I am not very anxious about his name, 
 for by what name foever he be called, I think 
 he muft be a very excellent and divine perfon, 
 wherein the wifdom of our Anceftors feem- 
 cth to have much forefcen, who have adorn- 
 ed the thing in it felf moft illuftrious with 
 an iiluftrious name. I fuppofe you mean 
 the King, of which word there is fucli an 
 emphafis, that it holds forth before us clearly 
 a fun&ion in it felf very great and excellent. 
 
 B. Y o u are very right, for we dcftgn God 
 by that name. For we have no other more 
 glorious name, whereby we may declare the 
 excellency of his glorious nature, nor more 
 fuitable, whereby to fignifie his paternal care 
 and providence towards us. What other names 
 fhall I colled, which we tranflate to denote 
 the function of a King? Such as Father 
 t^/Eneas, Agamemnon, paftor of the people, 
 alfb a Leader, Prince, Govcrnour. By all 
 which names iuch a fignification is implied, as 
 may flic w that Kings are not ordained for thcm- 
 fclves, but for the people. Now as for the 
 name we agree well enough 5 if you plcafc, 
 let us confer concerning the function, infift- 
 ing in the fame footfteps we began upon. 
 ^M. WHICH, I pray ? 
 
 /?. D o you remember what hath been late- 
 ly Ipoken, that an incorporation feemeth to 
 N s be
 
 1 82 The due Privilege of 
 
 be very like our body, civil commotions like 
 to difeafcs, and a King to a Phyfician ? If 
 therefore we fhall underftand what the duty 
 of a Phyfician is, I am of the opinion, we fhall 
 not much miftake the duty of a King. 
 
 M. I T may be fo, for the reft you have; 
 reckoned are very like, and feem to me very 
 near in kin. 
 
 R. Do not expect that I Will here defcribe 
 every petty thing, for the time will not permit 
 it, neither doth the matter in hand call for it 5 
 but if briefly thefe agree together, you fhalj 
 eafily comprehend the reft. 
 
 M. Go on then, as you are doing. 
 
 B. T H E fcope feemeth to be the fame to 
 us both. 
 
 M. WHICH? 
 
 B. T H E health of the body, for curing 
 of which they are adhibited. 
 
 M. I underftand you, for the one ought tq 
 keep fafe the human body in its ftate, and the 
 other the civil body in its ftate, as far as the 
 nature of each can bear, and to reduce into 
 perfect health the body difeafed. 
 
 B. You underftand very well, for there 
 is a twofold duty incumbent to both, the 
 one is to preferve health, the other is to re- 
 (lore it, if it become weak by ficknefs. 
 
 M. I aflent to you. 
 
 B. F o R the difeafes of both are a like. 
 
 M' I T feemeth fix 
 
 B, FOR
 
 the Scots Government. 183 
 
 B. F o R the redundance of things hurt- 
 ful, and want or fcarcity of things neccffary 
 are alike noxious to both, and both the one 
 and the other body is cured almoft in the fame 
 manner, namely either by nouriming that 
 which is extenuate and tenderly chcrifhing it, 
 or by aflTwaging that which is full and redun- 
 dant by cafting out fuperfluities, and exerci- 
 flng the body with moderate labours. 
 
 M. IT is fo, but here feems to be the dif- 
 ference, that the humours in the one, and 
 manners in the other are to be reduced in- 
 to a right temperament. 
 
 B. Y o u underftand it well, for the bo- 
 dy politick as well as the natural hath its own 
 proper temperament, which I think very right- 
 ly we may call Juftice. For it is that which 
 doth regard every member, and cureth it fo 
 as to be kept in its function. This fomc- 
 times is done by letting of blood, fometimes 
 by the expelling of hurtful things, as by e- 
 geftions and fometimes exciting cart-down 
 and timorous minds, and comforting the 
 weak, and fo reduceth the whole body into 
 that temperament Ifpokeof; and being re- 
 duced, exercifeth it with convenient exer- 
 cifes, and by a certain prefcribed tempera- 
 ture of labour and reft, doth prcferve the re- 
 ftored health as much as can be. 
 
 M. A L L the reft I eafily affent to, except 
 
 that you place the temperament of the body 
 
 politick in Juftice 5 feeing temperance even 
 
 N 4 by
 
 1 84. The due 'Privilege of 
 
 by its very name and profcflion doth juflly 
 feem to claim thcfc parts. 
 
 B. I think it is no great matter on which 
 of them you confer this honour. For fee- 
 ing all vertues, whereof the ftrength is beft 
 perceived in a&ion, are placed in a certain 
 mediocrity and equability, fo are they in feme 
 meafure connc&ed amongft themfelves, and 
 cohere, fo as it feerns to be but one office 
 in all, that i$, the moderation of lufts. Now 
 iji whatfoever kind this moderation is, it is 
 no great matter how it be denominate ; al- 
 beit that moderation, which is placed in pub- 
 lick matters, and mens mutual commerces, 
 doth fecm mofi fitly to be unc|erftood by the 
 name of Juflice. 
 
 M. HEREIN I very willingly afTcnt to 
 you. 
 
 B. I N the creation of a King, I think the 
 ancients have followed this way, that if any 
 among the citizens were of any fingular ex- 
 cellency, and fcemed to exceed all others in 
 equity and prudence, as is reported to be done 
 in beehives, they willingly conferred, the go- 
 vernment or kingdom on him. 
 
 M. I T is credible to have been fo. 
 
 B. B u T what if none fuch as we have 
 fpoken of, fhould be found in the city > 
 
 M. B Y that law of nature, whereof we 
 formerly made mention, equals neither can, 
 nor ought to ufurp dominion ; for by nature 
 I think it juft, that amongft thefe that are 
 
 equal
 
 the Scots Government. 185 
 
 c^qual in all other things, their courfe of ru- 
 ling and obeying fhould be alike. 
 
 B. WHAT if a people, wearied wirh 
 yearly ambition be willing to eled fome cer- 
 tain Pcrfbn not altogether endowed with all 
 royal vertues , but either famous by his no- 
 ble defcent, or warlike valour ? Will you not 
 think that he is a lawful King > 
 
 M. MOST lawful, for the people have 
 power to confer the Government on whom 
 they pleafe. 
 
 B. WHAT if we fhall admit Ibme acute 
 man, yet not endowed with notable skill, 
 for curing difeafes ? (hall we prefently account 
 him a Phyfician, as foon as he is chofen by 
 all? 
 
 M. NOT at all , for by learning and the 
 experience of many arts, and not by fufFrages 
 is a man made a Phyfician. 
 
 B. WHAT maketh artifts in other arts I 
 
 M. I think there is one reafon of all. 
 
 B. Do you think there is any art of reign- 
 ing or not ? 
 
 M. WHY not? 
 
 B. CAN you give me a reafon why you 
 think fo ? 
 
 M. I think I can, namely that fame which 
 is ufually given in other Arts. 
 
 B. WHAT is that? 
 
 M. BECAUSE the beginnings of all Arts 
 proceed from experience. For whilrr. many 
 did rafhly and without any reafon undertake 
 
 to
 
 The due Privilege of 
 
 to treat of many things, and others again 
 through exercitation and confuetude did the 
 fame more fagacioufly, noticing the events 
 on both hands, and perpending the cauics 
 thereof, foinc acute men have digefted a 
 certain order of precepts, and called that 
 defcription an art. 
 
 B. THKN, by the like animadverfton, may 
 not fome art of reigning be deicribed, as 
 well as the art of phyiick > 
 
 M. I think there may. 
 
 B. O F what precepts (hall it confifl ? 
 
 M. I do not know at prefent. 
 
 B. WHAT if we fhall find it out by com- 
 paring it with other arts ? 
 
 M. WHAT way > 
 
 B. THIS way : There be fomc precepts 
 pf grammar, of phyiick and husbandry. 
 
 M. I undcrftand. 
 
 B. SHALL we not call thefe precepts of 
 Grammarians and Phyficians arts and laws 
 alfo, and fo of others. 
 
 M. IT feems indeed fo. 
 
 B. D o not the civil laws feem to be cer- 
 tain precepts of royal art ? 
 
 M. THEY feem fo. 
 
 B. H E muft therefore be acquainted there- 
 with, who would be accounted a King. 
 
 M. I T feems fo. 
 
 B. WHAT if he have no skill therein ? 
 Albeit the people fhall command him to 
 reign, think you that he fhould be called a 
 King? M. You
 
 the Scots Government. 187 
 
 M. Y o u caufe me here to hefitate : For 
 if I would confent with the former difcourfe, 
 the fuffrages of the people can no more make 
 him a King, than any other artift. 
 
 B. WHAT think you fliall then be done? 
 For unlefs we have a King chofen by fuf- 
 frages, I am afraid we {hall have no lawful 
 King at all. 
 
 M. AND I fear alfo the fame. 
 
 B. WILL you then be content that we 
 more accurately examine what we have laft 
 fet down in comparing arts one with ano- 
 ther ? 
 
 M. B E it fo, if it fo pleafe you. 
 
 B. HAVE we not called the precepts of 
 artifts in their feveral arts, laws ? 
 
 M. W E have done fo. 
 
 B. BUT I fear we have not done it tir* 
 cumfpe&ly enough. 
 
 M. WHY? 
 
 E. BECAUSE he would feem abfurd who 
 Jiad skill in any art, and yet not to be an 
 artift. 
 
 M. IT were fo. 
 
 B. BUT he that doth perform what be- 
 longs to an art, we will account him an 
 artift, whether he do it naturally, or by 
 fome perpetual and conftant tenour and fa* 
 culty. 
 
 M. I think fo. 
 
 B. W E fhall then call him an artift, who 
 knows well this rational and prudent way of 
 
 doing
 
 1 8 8 The due Trivilege of 
 
 doing any thing well, providing he hath ac- 
 quired that faculty by conftant practice. 
 
 M. MUCH better than him who hath 
 the bare precepts, without ufe and exercita- 
 tion. 
 
 B. S H A L L we not then account thefe pre- 
 cepts to be art* 
 
 M. NOT at all ; but a certain fimilitude 
 thereof, or rather a fhadow of art. 
 
 B f WHAT is then that governing facul- 
 ty of cities, which we fhall call civil art or 
 fcience > 
 
 M. I T teems you would call it prudence : 
 Out of which, as from a fountain or fpi-ing, 
 all laws, provided they be ufeful for the pre- 
 iervation of humane fociety, mutt proceed, 
 and be derived. 
 
 B. You have hit the nail on the head ; 
 if this then were complcat and perfect in 
 any perfon, we might fay he were a King 
 by nature, and not by fuffrages, and might 
 refign over to him a free power over all 
 things ; but if we find not fuch a man, we 
 fhall alfo call him a King, who doth come 
 neareft to that eminent excellency of nature, 
 embracing in him a certain fimilitude of a 
 true King. 
 
 M. LET us call him fo, if you pleafe. 
 
 B. A N D bccaufe we fear he be not firni 
 enough againft inordinate affections, which 
 may, and for the moft part ufe to decline 
 men from truth, we fhall adjoyn to him the 
 
 law,
 
 the Scots Government. 1 89 
 
 law, as it were a Colleague, or rather a bridler 
 of his lufts. 
 
 M. You do not then think that a King 
 fhould have an arbitrary power over aU 
 things ? 
 
 B. NOT at all: For I remember, that he 
 is not only a King, but alfo a man, erring 
 in many things by ignorance, often failing 
 willingly, doing many things by constraint > 
 yea a creature eafily changeable at the blaft of 
 every favour or frown, which natural vice a 
 magiftrate ufe alfo to increale : So that here 
 I chiefly find that of the Comedy made true, 
 AIL by licence become worfe. Wherefore the 
 moft prudent have thought it expedient to 
 adjoyn to him a law, which may either fliew 
 him the way, if he be ignorant, or bring 
 him back again into the way, if he wander 
 out of it : By thefe, I fuppofe, you under- 
 ftand, as in a reprefentation, what I judge to 
 be the duty of a true King. 
 
 M. OF the caufe of creating Kings, of 
 their name and duty you have fully fatisfied 
 me. Yet I fhall not repine, if you pleaie 
 to add ought thereto : Albeit my mind doth 
 haften to hear what yet feems to remain, yet 
 there is one thing which in all your difcourfe 
 did not a little offend me, which I think 
 fhould not be paft over in filence, viz. that 
 you feem fomewhat injurious to Kings, and 
 this very thing I did fiifpcft in you frequent- 
 ly before, whilft I often heard you fo pro- 
 
 fofely
 
 i 90 The due 'Privilege of 
 
 fufcly commend the antient Common wealths/ 
 and the City of Venice. 
 
 B. You did not rightly herein judge of 
 me : For I do not fo much look to the diffe- 
 rent form of civil Government (fuch as was 
 amongft the Romans, Maffilians, Venetians, 
 and others, amongft whom the authority of 
 laws were more powerful, than that of men) 
 as to the equity of the form of Government ? 
 nor do I think it matters much, whether 
 King, Duke, Emperour, or Conful, be the 
 jiame of him who is the chiefeft in authori- 
 ty, provided this be granted, that he is placed 
 In the magiftracy for the maintenance of 
 equity ; for if the government be lawful, we 
 muft not contend for the name thereof: For 
 he whom we call the Duke of Venice is 
 is nothing elfe but a lawful King ; and the 
 firft Corifuls did not only retain the honours 
 of Kings, but alfo their empire and authority j 
 This only was the difference, that riot one, ; 
 but two of them did reign (which alfo yoii 
 know was ufual in all the Lacedemonian 
 Kings) who were created or chofen, not con- 
 ftantly to continue in the government, but 
 for one year. We muft therefore always 
 ftand to what we fpoke at firft, that Kings 
 at firft were inflituted for maintaining equity. 
 If they could have holden that fovereignty 
 in the cafe they had received it, they might 
 have holden and kept it perpetually 5 but this 
 is free and loofed by laws. But (as it is with 
 
 humane
 
 the Scots Government. 191 
 
 humane things) the ftate of affairs tending 
 to worfe, the fovereign authority which was 
 ordained fop publick utility degenerated into 
 a proud domination. For when the luft of 
 Kings flood in ftead of laws, and men being 
 veftcd with an infinite and immoderate pow- 
 er, did not contain themfelves within bound, 
 but connived at many things out of favour, 
 hatred, or felf-intcreft, the infolency of 
 Kings made laws to be deflred. For this 
 caufc, therefore, laws were made by the peo- 
 ple, and Kings conftrained to make ufe, not 
 of their own licentious wills in judgment* 
 but of that right or privilege which the peo- 
 ple had conferred upon them : For they were 
 taught by many experiences, that it was bet- 
 ter that their liberty fhould be concredited to 
 laws, than to Kings ; whereas the one might 
 decline many ways from the truth, but the 
 other being deaf both to intreaties and threats, 
 might ftill keep one and the fame tenor. 
 This one way of government is to Kings 
 prefcribcd, otherwise free, that they fhould 
 conform their adions and fpeech to the pre- 
 fcripts of laws, and by the fandions thereof 
 divide rewards and punifhments, the greateft 
 bonds of holding faft together humane fo- 
 ciety. And laftly, even as faith that famous 
 Legiflator, A King fhould be afpeakmg law, 
 and the law a dumb King, 
 
 MAx firft you fo highly praifed Kings, 
 that you made their majefty almoft glorious 
 
 and
 
 1 92 The due Privilege of 
 
 and facred ; but now> as if you had repented 
 in fo doing, I do not know within what 
 ftrait bonds you fhut them up ; and being 
 thruft into the prifon (I may fay) of laws, 
 you do fcarce give them leave to Ipeak. 
 And as for my part, you have difappointed 
 me of my expectation very far : For I ex- 
 peded (according to the moft famous Hifto- 
 rians) you fhould have rcftorcd the thing 
 which is the moft glorious both with God 
 and man, into its own fplendor, either of 
 your own accord, or at my defire, in the 
 feries of your difcourfe, which being fpoiled 
 of all ornaments, you have brought it into 
 fubjedion ; and that authority, which through 
 all the world is the chiefeft, you having 
 hedged in round about and made it almoft 
 fo contemptible, as not to be defired by 
 any man in his right wits : For what man 
 in his right wits would not rather live as a 
 private man with a mean fortune, than be* 
 ing ftill in adion about other mens affairs* 
 be in perpetual trouble, and negleding his 
 own affairs, to order the whole courfe of 
 his life according to other mens rules ? But 
 if that be the terms of government every 
 where propofed, I fear there will be a greater 
 fcarcity of Kings found, than was of Biihops 
 in the firft infancy of our religion. Nor do 
 I much wonder, if Kings be regarded ac- 
 cording to this plat-form, being but men 
 taken from feeding cattel, and from the 
 
 plough.
 
 Scots Government. 
 
 plough, who took upon them that glorious 
 "dignity. 
 
 B. CONSIDER, I pray you, in how 
 great an errour you are, who docs think 
 that Kings were created by people and na- 
 tions, not for juftice, but for pleafure, and 
 does think there can be no honour, where 
 wealth and pleafures abound not; wherein 
 confider how much you dirhihiih their gran- 
 deur. Now that you may the more eafily 
 underftand it, compare any one King of thofe 
 you have feen apparalled like a child's puppet, 
 brought forth with a great deal of pride, and a 
 great many attendants, meerly for vain oftenta- 
 tion, the reprefentation whereof you mifs in 
 that King whom we defcribe : Compare, .1 
 fay, fome one of thofe, who were famous 
 of old, whofe memory doth even yet live, 
 flourifheth, and is renowned to all pofterity. 
 Indeed they were fuch as I have now been 
 defcribing. Have you never heard what ail 
 old woman, petitioning c Philip King of Ma~ 
 cedon to hear her caufe, anfwered him, he 
 having faid to her he had no leifure-; to 
 which me replied, Then ceaft (faid fhe) to 
 be King ? Have you never heard (I fay) 
 that a King, victorious in fo many battels, 
 and conqueror of fo many nations, admo- 
 nifhed to do his duty by a poor old wife, 
 obeyed, and acknowledged that it was the 
 duty of Kings To to do? Compare then this 
 Thtlip, not only wirh the greateft Kings that 
 O arc
 
 The due Privilege of 
 
 arc now in Europe, but alfo with all that 
 can be remembred of old, you fhall furely 
 find none of them comparable to thofe, ei- 
 ther for prudence, fortitude, or activity -, few 
 equal to them for largenefs of dominions, 
 If I fhould enumerate Agefilaus, Leonidat^ 
 and the reft of the Lacedemonian Kings (O 
 how great men were they !) I fhall feem 
 to utter but obfolete examples : Yet one fay- 
 ing of a Lacedemonian maid I cannot pals 
 over with itlence ; her name was Gorgo, the 
 daughter of Cleomedes : She feeing a lervant 
 pulling off the {lockings of an Afian Gueft, 
 and running to her father, cried out, fa- 
 ther ', the Gueji hath no hands* From which 
 fpeech of that maid you may eafily judge 
 of the Lacedemonian difcipline,. and dome- 
 ftick cuftom of their Kings. Now thofe 
 who proceeded out of this ruftrck, but cou- 
 rageous way of life, did very great things ; 
 but thofe who were bred in the Afiatick 
 way, loft, by their luxury and floth, the 
 great dominions given them by their ance- 
 ftors. And, that I may lay afide the anci- 
 ents, fuch a one was ^Pelagius not long 
 ago among the people of Galicia, who was 
 the firft that weakened the Saracen forces 
 in Spain^ yet him and all his the grave did 
 inclofc, yet of him the Spanijh Kings arc 
 not amamed, accounting it their greateft 
 glory to be defcended of him. But feeing 
 this place doth call for a more large difcourfe r 
 
 les
 
 tie Scots Government, i <? 
 
 let us return from whence we have digrefled. 
 For I defire to fhew you with the firft 
 what I promifed, namely, that this form of 
 government hath not been contrived by nie^ 
 but feems to have been the fame to the mbft 
 famous men in all ages, and I mail briefly 
 fhew you the fpring from whence I have 
 drawn thefe things. The Books of M. Tui- 
 lius Cicero, which arc cntituled, Of Office f$ 
 arc, by common .cohfent of all, accounted 
 inoft praife- worthy j in the Second Betok 
 thereof thefe words are let down verbatim: 
 tc It feems (as Herodotus faith) that of ol^ 
 " well-bred Kings were cheated, not amefngft' 
 " the Medes only, but alfo smongft our 
 * ancestors, for executing t>f juftice ; for' 
 " wliilft at firft the people were opprcffcd 
 * c by thofc that had grcateft wealthy they 
 " betook thcmfclvcs to fome one wild Wa<f 
 " eminent for virtue, who wliilft he ke'pf 
 " off the weakeft from injuries, eftablifhing 
 " equity, he hemmed in the highcft with 
 *' the loweft, by equal laws to botk And 
 " the reafon of making laws, was the fame 
 " as of the creation of Kings 5 for it is fe- 
 " quiilte that juftice be always equal, for 
 " othcrwife it were not juftice. If this they 
 " did obtain from -one good and juft many 
 " they ^ere therewith well pleafed ;' when 
 *' that did not accur, laws were made, which 
 4t by one and the fame voice might fpeak 
 ** W all aliks. This then indeed is evident? 
 O z <
 
 1 <)6 The due Privilege of 
 
 tf that thofc were ufually chofcn to govern, 
 <l of whole jufticc the people had a great 
 " opinion." Now this was added, " That 
 " thefe Rulers or Kings might be accounted 
 " prudent, there was nothing that men 
 " thought they could not obtain from fucli 
 <l Rulers/' J think you fee from thefe words, 
 what Cicero judgeth to be the reafon of re- 
 quiring both Kings and laws. I might here 
 commend Zenofhon a witncfs requiring the 
 fame, no lefs famous in warlike affairs, than 
 in the ftudy of philofophy ; but that I know 
 you are fo well acquainted with his writings, 
 as that you have air his fentences marked. I 
 pafs at prcfent ''Plato and Ariftotlej albeit I 
 am not ignorant how much you have them 
 in cftimation. For I had rather adduce for 
 confirmation, men famous in a middle de- 
 . gree of affairs, than out of Schools. Far lefs 
 do I think fit to produce a Hoick King, fuch 
 as by Seneca in Thy eft es is dcfcribed : Not 
 fojiiuch bccaufc that idea of a King is not 
 perfcd, as bccaufe that examples of a good 
 Prince may be rather imprefied in the mind, 
 than at any time hoped for. But left in thofe 
 I have produced there might be any ground 
 of calumny, I have not fet before you Kings 
 out of the Scythian folitude, who did either 
 ungird their own horfes, or did other fervile 
 work, which might be very far from our 
 manner of living ; but even out of Greece, 
 and fuch, who in thefe very times, wherein 
 
 the
 
 the Scots Government, i <? 7 
 
 the Grecians did moft . flouriih in all liberal 
 Sciences, did rule the greater!: nations, or 
 well governed cities; and did fo rule, that 
 whilft they were alive were in very great e- 
 ftcem amongft their people, and being dead 
 left to pofterity a famous memory of them- 
 felves. 
 
 M. IF now you. ask- me what my judg- 
 ment is, I fcarce dare confefs to you either 
 mine mconftancy or timidity, or by what o- 
 thcr name it mail pleafe you to call that' vice. 
 For as often as I read thefe things you have- 
 no w recited in the moft famous Hiftorians, 
 or hear the fame commended by very wife 
 rncn, whofe authority I dare not decline ; and 
 that they are approved by ail good and honeft 
 men not only true, equitable and fincerc, 
 but alfo fccm ftrong and fplehdid again as oft 
 as I caft mine eyes on the ncatnefs arid ele- 
 gancy of our times, that antiquity fcemeth to 
 have been venerable and fober, but yet rude, 
 and nor fufriciently pplifhed, but of thefe 
 things we may perhaps fpcak of hereafter at 
 more leifure. Now if it pleafe you, go on 
 to profecute what you have begun'. 
 Cp. MAY it plcafe you then that we recol- 
 lect briefly what hath been faid ? So fnall we 
 underft'and beft what is paft, and if ought 
 be rafhly granted, we mail very foon rc.trad 
 it. 
 
 M. YES indeed. 
 
 03 B. FIRST
 
 I p8 The due Privilege of 
 
 B. FIRST of all then we agree, that men 
 by nature are made to live in fociety togCr 
 flier, and for a communion of life. 
 
 M. THAT is agreed upon. 
 
 B. THAT a King alfp chofen to maintain 
 that fociety is a man eminent in vertue. 
 
 M. I T is i o. 
 
 B. AND as the difcords of men amongft 
 themfelves brought in the neceility of crea- 
 ting a King, fo the injuries of King's done a- 
 gainft their Subjects were the caufe of defiring 
 Jlaws. 
 
 M. I acknowledge that. 
 
 B. WE held Laws to be a proof of the 
 Art of Government, even as the precepts of 
 Phyfick are of the medicinal art. 
 
 M. If is foj 
 
 B, B U T itTeems to be more fafe ( becaufe 
 in neither of the two have we fet down any . 
 fmguiar and exact: skill of their feveral Arts ) 
 that both do, as fpeedily as may be, heal by 
 thcfe prefcripts of Ait. 
 
 M. IT is indeed fafeft. 
 
 B. N p \v the precepts of the medicinal 
 Art are not pf one kind. 
 
 M. How? 
 
 B. FOR lame of them are for prefervati- 
 pn o'f health, others for reftoration thereof. 
 
 M. VERY right. 
 
 B. WHAT fay you of thp governing 
 Art \ 
 
 M" I think, there may be as many kinds. 
 
 B. NEXT
 
 the Scots Government. 1 99 
 
 B. NEXT then it feems, that we confi- 
 der it. Do you think that Phyficians can Ib 
 exactly have skill of all difeafes, and of their 
 remedies, as nothing more can be required 
 for their cure ? 
 
 M. NOT at all, for many new kinds of 
 difeafes arife almoft in every age, and new 
 remedies for each of them, almoft every 
 year are by men's induury found out, or 
 brought from far countries. 
 
 B. W H A T think you of the Laws of com- 
 monwealths. 
 
 M. S URELY their cafe feems to be the 
 fame. 
 
 B. THEREFORE neither Phyficians, 
 nor Kings can evite or cure all difeafes of 
 commonwealth, by the precepts of their 
 Aits, which are delivered to them in writ. 
 
 M. I think indeed they cannot. 
 
 $. WHAT if we fhall farther try of what 
 things Laws may be eftablifhed in common- 
 wealths, and what cannot be comprehended 
 within Laws. 
 
 M. THAT will be worth our pains. 
 
 B. THERE feems to be very many and 
 weighty things, which cannot be contained 
 within the Laws. Firft, All fuch things as 
 fall into the deliberation of the time to come. 
 
 M. A LI, indeed. 
 
 B, NEXT, many things already paft, fudi 
 are thefe wherein truth is fought by conje- 
 ftures, confirmed by witnefles, or extorted by 
 torments. O 4 B. YES,
 
 200 The due Privilege of 
 
 - M. YES, indeed. 
 
 B IN unfolding than thefc qucftions what 
 ihall the King do ? 
 
 M. I fee here there is no need of a long 
 difcourfe, feeing Kings do not fo arrogate the 
 fupream power in thofe things which arc infti- 
 tute with refpecl: to the time to come, that 
 of their own accord they call to council 
 fome of the moft prudent. 
 
 B. WHAT fay you of thofe things which 
 by conjedures are found out, and made out 
 by witneffes, fuch as are the crimes of mur- 
 ther, adultery and witchcraft. 
 
 M. THESE are examined by the skill of 
 Lawyers, difcoyered by diligence,, and thefe I 
 find to be for the moft part left to the judg- 
 ment of [udges. 
 
 B. A N D perhaps very right ; for if a King 
 would needs be at the private caufes of each 
 Subject, when fhall he have time to think 
 upon peace and war, and thofe affairs which 
 maintain and preferve the fafety of the com- 
 monwealth ? And laftly,when fhall he get leave 
 to reft? 
 
 ^/.NEITHER would I have the cogni- 
 tion of every thing to be brought unto a 
 King, neither can one man be fumcient for 
 all the caufes of all men, if they be brought 
 unto him ; that counfel no lefs wife than ne- 
 celiary doth pleafe me exceeding well, which 
 the father in law of Mofes gave him in di- 
 viding amongft many the burden of hearing 
 
 caules,
 
 the Scots Government. 201 
 
 caufes, whereof I fhall not fpeak much, fee- 
 ing the hiftory is known to all. 
 
 .5. BUT I think, thcfc Judges muft judge 
 according to law. 
 
 M. T HE Y muft indeed do fo. But as I 
 conceive, there be but few things, which by 
 Laws may be provided againft, in refped: of 
 thofe which cannot be provided againft. 
 
 B. THERE is another thing of no lels 
 difficulty, becaufe all thefe things which call 
 for Laws, cannot be comprehended by cer- 
 tain prefer! ptions. 
 
 M How fo? 
 
 B. LAWYERS, who attribute very much 
 to their own Art, and who would be account- 
 ed the Priefts of Juftice, do confefs that there 
 is fo great a multitude of affairs, that it may 
 feem almoft infinite, and fay that daily arife 
 new crimes in Cities, as it were feveral kinds 
 of ulcers, what fhall a Lawgiver do herein,, 
 who doth accommodate Laws both to things 
 prefent and preterit ? 
 
 M. NOT much, unlefs he be fome di- 
 vine-like perfon. 
 
 B. AN other difficulty doth alfo occur, and 
 that not a fmall one, that in fo great an in- 
 conftancy of humane frailty, no art can al- 
 moft prefcribe any things altogether ftable and 
 firm. 
 
 M. THERE is nothing more true than 
 that. 
 
 B-. I T
 
 2 o 2 The due Privilege of 
 
 B. I T feemeth then moft fafe to truft a 
 skilful Phyfician in the health of the patient, 
 and alfo the Rings in the ftate of the com- 
 monwealth. For a Phyfician without the 
 rule of art will oftentimes cure a weak pa- 
 tient either confenting thereto, or againft his 
 will 5 and a King doth either perfwade a new 
 law yet ufeful to his Subjects, or elfe may im- 
 pofe it againft tlieir will. 
 
 M. I do not fee what may hinder him 
 therein. 
 
 B. Now feeing both the one and the o- 
 ther do thefe things, do you think that beitdes 
 the Law, either of them makes his own 
 Law? 
 
 M. IT feems that both doth it by Art. 
 For we have before concluded not that to be 
 Art which confifts of precepts, but vertue 
 contained in the mind, which the artift ufual- 
 ly makes ufe of in handling the matter which 
 is fubject to arts. Now I am glad ( feeing 
 you fpeak ingenuoufly ) that you being con- 
 ftrained, as it were, by an interdiction of the 
 very truth, do fo far reftore th King from 
 whence he was by force dejected. 
 
 B. STAY, you have not yet heard all. 
 There is another inconvenient in the autho- 
 rity of Laws, For the law being as it were a 
 pertinacious, and a certain rude exactor of 
 duty, thinks nothing right, but what itfelf 
 doth command. But with a King, there is 
 an excufe of infirmity and temerity, and place 
 
 of
 
 the Scots Government. 203 
 
 pf pardon left for one found in an error. 
 The law is deaf, cruel and inexorable, A 
 young man. pleads the frailty of his years, a 
 woman the infirmity of her fex, another his 
 poverty, drunkennels, aflfedion. What faith 
 the law to thefe excufes ? Go officer or ferje- 
 ant, convene a band of men, hoodwink him, 
 fcourge him, hang him on a tree. Now you 
 know how dangerous a thing4t is, in fo great 
 a humane frailty, to have the hope of fafety 
 placed in innocency alone. 
 
 M. IN very truth you tell me a thing full 
 of hazard. 
 
 B. SURELY as oft as thefe things come 
 into mind, I perceive fomc not a little troubled, 
 
 M. You fpeak true. 
 
 B. WHEN therefore I ponder with my felf 
 what is before paft as granted, I am afraid left 
 the companion of a Phyfician, and of a King 
 in this cafe feem not pertinently enough in- 
 troduced. 
 
 M. I N what cafe ? 
 
 B. WHEN we have liberate both of the 
 fervitude of precepts, and given them almoft 
 a free liberty of curing. 
 
 M. WHAT doth herein efpecially offend 
 you ? 
 
 B. WHEN you hear it, you will then 
 judge, two caufes are by us fet down, why it 
 is not expedient for a people that Kings be 
 loofed from the bonds of Laws, namely love 
 and hatred, which drive the minds of men to 
 
 and
 
 2P4- The due Privilege of 
 
 and fro in judging. But in a Phyiician it is 
 not to be feared, left he fail through love, fee- 
 ing he expedcth a reward from his patient 
 being rcftored to health. But if a patient 
 iinderrrand that his Phyiician is folicircd by 
 intreatics, promifes and money againft his 
 life, he may call another Pnyiician, or if he 
 can find none other, I think it is more fofe 
 to feck fome remedy from books how deaf 
 focyer, than from a corrupt Phyiician. Now 
 becaufe we have complained of the cruelty of 
 Laws, look if we underftand one another luf- 
 fkiently. 
 
 M. How fo? 
 
 _$. WE judged an excellent King, fuchas 
 we may more fee in mind than with bodily 
 eyes, not to be bound by any Laws. 
 
 M. BY none. 
 
 J?. WHEREFORE? 
 
 M. I think, becaufe, according to Taut, he 
 fhould be a law to himfclf and to others, that 
 he may exprcfs in life what is by law. enjoined*. 
 
 B. You judge rightly 5 and that you may 
 perhaps the more admire, feveral ages before 
 Ariflotle did fee the fame, following nature 
 as a leader, which therefore I fay, that you 
 may fee the more clearly what hath been 
 proved before, to -wit, that the voice of God 
 and nature is the fame. Kut that we may pro- 
 feciite our purpofe. Whatfhall' we fay they 
 had a refpccl unto, who flrft made Laws ? 
 
 A/. EQiTiTr.Ithink, as hath been laid be- 
 fore. # I
 
 tie Scots Government. 
 
 B. I do not now demand that, what end 
 they had before them, but rather what pat- 
 tern they propofcd to themfelvcs ? 
 
 M. Albeit perhaps I underftand that, yet I 
 would have you to explain it, that you may 
 confirm my judgment, if I rightly take it up, 
 if not, you may amend my error. 
 
 E. You I think; what the dominion is 
 of the mind over the body. 
 
 M. I feem to know it. 
 
 B. Y o u know this alfo, whatever we do 
 not rafhly, that there is a certain Idea thereof 
 firft in our minds, and that it is a great deal 
 more perfect than the works to be done, 
 which according to that pattern the chief eft 
 Artifts do frame and as it were expreis. 
 
 A/. THAT -indeed I find by experience 
 both in fpeaking and writing, and perceive no 
 lefs words in my mind, than my minds in 
 things wanting. For neither can our mind 
 fhut up in this dark and troubled prifon of the 
 body perceive the fubtility of all things 5 nor 
 can we fo endure in our mind the reprefenta- 
 tions of things however forefeen in difcourfe 
 with others, fo as they are not much inferiour 
 to thefe which our intellect hath formed to it 
 felf. 
 
 B. WHAT fhall we fay then which they 
 let before them, who made Laws ? 
 
 M. I feem almoft to underftand what you 
 \vould be at. Namely, that they in council 
 1 and ; n Mea of that perfect King, and that 
 
 they
 
 206 The due Privilege of 
 
 they did cxprefs a certain Image, not of the 
 body but of the mind, according to that forc- 
 faid Idea as near as they could. And would 
 have that to be in ftead of Laws which he 
 is to think might be good and equitable. 
 
 M. Y o u rightly underftand it, for that is- 
 the very thing I would fay. But now I would 
 have you to confider what manner of King 
 that is which we have conftitute at firft, was 
 he not one firm and ftedfaft againft hatred, 
 love, wrath, envy, and other perturbations of 
 the mind? 
 
 M . W E did indeed imagine him to be 
 fuch a one j or believed him to have been 
 fuch to thofe ancients. 
 
 B. BUT do laws feem to have been made 
 according to the Idea of him ? 
 
 M. NOTHING more likely, 
 
 B. A good King then is no lefs fevere and 
 inexorable, than a good law. 
 
 M. H E is even as fevere > but fince I can 
 change neither, or ought to deftre it, yet I 
 would flaken both fomewhat, if I can. 
 
 B. BUT God deftres not that mercy be 
 fhewed even to the poor in judgment, but 
 commandeth us to refpecl: that one thing 
 which is juft and equal, and to pronounce' 
 fentencc accordingly. 
 
 M. I do acknowledge that, and by truth 
 am overcome. Seeing therefore it is not law- 
 ful to loofe Kings from the bonds of lawsy 
 who fhall then be the lawgiver ? Whom (half 
 we give him as a Pedagogue ?
 
 tie Scott Government. 207 
 
 B. WHOM do you think fittcft to per- 
 form this duty ? 
 
 M. I F you ask at me, I think the King 
 himfelf. For in all other arts almoft we fee 
 their precepts arc given by the Artifts ; where- 
 of they make ufe, as it were of comments, 
 for confirming their memory, and putting o- 
 thcrs in mind of their duty. 
 
 B. ON the contrary I fee no difference > 
 let us rant that a King is at liberty and fol- 
 ved from the laws, Hull we grant him the 
 power to command laws ? For no man will 
 willingly lay bonds and fetters upon himfelf. 
 And I know not whether it be better to leave 
 a man without bonds, or to fetter him with 
 flight bonds, becaufe he may rid himfelf there- 
 of when he pleafes. 
 
 M. B u T when you concredit the helm of 
 government rather to laws than to Kings, be- 
 ware I pray you, left you make him a Tyrant, 
 whom by name you make a King, who with 
 authority doth opprefs and with fetters and 
 imprifonment doth bind, and fo let him be 
 lent back to the plough again, or to his for- 
 mer condition yet free of fetters. 
 
 B. BRAVE words : I impofe no Lord o- 
 ver him, but I would have it in the people's 
 power, who gave him the authority over 
 themfelves, to prefcribe to him a model of his 
 government, and that the King may make ufe 
 of thatjuftice, which the people gave him o- 
 
 ver
 
 '208 The due Privilege of 
 
 ver thcmfelvcs. This I crave. I would not 
 have thefe laws to be by force impofcd, as 
 you interpret it, but I think that by a com- 
 mon council with the King, that fhould be 
 generally eftabli fried, which may generally 
 tend to the good of all. 
 
 M. You will then grant this liberty to the 
 people ? 
 
 A EVEN to the people indeed, unlefs 
 perhaps you be of another mind. 
 
 M. NOTHING feems lefs equitable. 
 
 E. WHY fo? 
 
 M. You know that faying, A be aft with 
 many, heads. You know, I fuppofe, how 
 great the temerity and inconftancy of a peo- 
 pje is. 
 
 B. I did never imagine that that matter 
 ought to be granted to the judgment of the 
 whole people in general, but near that to our 
 cuftom a felecl number out of all eftates may 
 convene with the King in council. And then 
 how foon an overture by them is made, that 
 it be deferred to the people's judgment/} 
 
 M I underftand well enough your advice. 
 But by this fo careful a caution you feem to 
 help your felf nothing. You will not have 
 a King loofed from laws, why ? Becaufe, I 
 think, within man two moft cruel monfters luft 
 and wrath are in a continual conflict with rea- 
 fon. Laws have been greatly defired, which 
 might r'eprefs their boldncfs, and reduce them 
 too much ini lilting, to regard a juft govern- 
 ment.
 
 the Scots Government. 2 op 
 
 ment. What will thefe counfellors given by 
 the people do ? Are they not troubled by that 
 fame mteftine conflict ? Do they not conflict 
 with the fame evils as we'll as the King ? The 
 more then you adjoin to the King as alfeilbrs 
 there will be a greater number of fools, from 
 which you fee what is to be expected/ 
 
 B. B u T I expect a far other thing than, you 1 
 fuppofc. Now I fhall tell you why I do ex- 
 pect it. Firft, It is not altogether true what 
 you fuppofe, ^7;s, Thai the aflembling toge- 
 ther of a multitude is to no purpofc, of which 
 number there will perhaps be none of a pro- 
 found wit 5 for not only do many fee more 
 and underftand more than one of them apart, 
 but alfo more than one, albeit he exceed 
 their wit and prudence. . If or a multitude for 
 the moft part doth better judge of all things, * 
 than fmgle pcrfons apart. '\ For every one apart 
 have fome particular vcrtucs, which being uni- 
 ted together make up one excellent vertue, 
 which may be evidently feen in Phyficians- 
 pharmacies, and cfpecially in- that antidote, 
 which they call Mithredate. For therein are 
 many things of themfelves hurtful apart, which 
 being compounded and mingled together make' 
 a wholefome remedy againft poifbn. In like 
 manner in fome men flownefs and lingering 
 doth hurt, in others a precipitant temerity, 
 both which being mingled together in a mul- 
 titude make a certain temperament and medio- 
 crity, which we require to be in every kind 
 vertue,- P M.&&
 
 2 1 o The due Privilege of 
 
 M. B E it fo, feeing you will have it fo ? 
 let the people make laws and execute them j 
 and let Kings be as it were keepers of Regi- 
 fters. But when laws feem to clafli, or are 
 not exad and pcrfpicuous enough in fanctions, 
 will you allow the King no intereft or medling 
 here, efpecially fince you will have him to 
 judge all things by written laws, there muft 
 needs enfue many abfurdities. . And, that 
 I may make ufe of a very common example of 
 that law commended in the Schools. If a 
 ftranger fcale a wall, let him die, what can be 
 more abfurd than this, that the Author of a 
 publick fafety (who havethruft down thee- 
 nemies preffing hard to be up) fhould be 
 drawn to punifhment, as if he had in hoftili- 
 ty attempted to fcale the walls. 
 
 B. THAT is nothing. 
 
 M. You approve then that old faying, 
 the higheft juftice is the high eft injury. 
 
 B. I do indeed- If any thing of this kind 
 come into debate, there is need of a meek in- 
 terpreter, who may not fuffer the laws which 
 are made for the good of all to be calamitous 
 to good men, and deprehended in no crime."! 
 
 M. Y o u are very right, neither is there 
 any thing elfe by me fought in all this difpute, 
 ( if you have fufficiently noticed it ) than that 
 Ciceronian Law might be venerable and in- 
 violable Sahis populi fiiprema Lex efto. If 
 then any fiich thing (hall come into debate, 
 fo that it be clear what is good and juft, the 
 
 Kings
 
 the Scots Government. 2 1 r 
 
 King's duty will be to advert that the Law 
 may reach that rule I fpoke of, but you in 
 behalf of Kings feems to require more, than 
 the moft imperious of them alTume. For you 
 know that this kind of queftions is ufually de- 
 fered to Judges , when Law feemeth to re : 
 quire one thing, and the Lawgiver another j 
 even as thefe laws which arife from an ambi- 
 guous right or from the difcord of Laws a- 
 mongft themfelves. Therefore in fuch cafes 
 moft grievous contentions of advocates arife 
 in judicatories, and orators precepts are dili- 
 gently produced. 
 
 M. I know that to be done which you fay. 
 But in this cafe no lefs wrong feems to be 
 done to laws than to Kings. For I think it 
 better to end that debate prefently from the 
 faying of one good man, than to grant the 
 power of darkning rather than interpreting 
 laws to fubtile men, and fometimes to craf- 
 ty Knaves ; for whilft not only contention 
 arifeth betwixt advocate for the caufes of par- 
 ties contending, but alfo for glory, contefts 
 are nourifhed in the mean time, right or wrong 
 equity or iniquity is called in queftion ; and 
 what we deny to a King, we grant to men of 
 inferiour rank, who ftudy more to debate 
 than to find out the truth. 
 
 B. You feem tome forgetful of what we 
 lately agreed upon. 
 
 M. WHAT is that > 
 
 P 2 B. THAT
 
 2 1 2 The due 'Privilege of 
 
 B. T H A T all things arc to be fo freely 
 granted to an excellent King, as we have de- 
 fcribed him, that there might be no need of 
 any Laws. But whilft this honour is confer- 
 cd to one of the people, who is not much 
 more excellent than others, or even inferi- 
 our to fome, that free and loofe licence from 
 laws is dangerous.,, 
 
 M. B u T what ill doth that to the inter- 
 pretation of law. 
 
 B. VERY much. Perhaps you do not 
 confider, that in other words we reftore to 
 him that infinite and immoderate power, 
 which formerly we denied to a King, name- 
 ly that according to J^is own heart's lufl he 
 may turn all things upfide down. 
 
 M. IF I do that, then certainly I do it im- 
 prudently. 
 
 B. I fhall tell you more plainly, that you 
 may underftand it. When you grant the in- 
 terpretation of laws to a King, you grant him 
 fuch a' licence, as the law doth not tell what 
 the Lawgiver mean eth, or what is good and 
 equal for all in general but what may make 
 for the interpreter's benefit, fo that he may 
 bend it to all adions for his own benefit 
 or advantage, as the Lesbian rule. Af. Clau- 
 dius in his ^Decemviratus, made a very juft 
 law, that in a liberal caufe or plea, fureties 
 fhould be granted for liberty. What more 
 clearly could have been fpoken. But by in- 
 terpreting the fame Author made his own law 
 
 ufelefsl
 
 tie Scots Government. 2 1 3 
 
 ufelefs. You fee 5 I fuppofe how much li- 
 berty you give a Prince by one caft, namely 
 that what he pleafcth the law doth fay, what 
 pleafcth him not, it doth not fay. If we mail 
 once admit this, it will be to no purpofe to 
 make good laws for teaching a good prince 
 his duty 5 and him in an ill King. Yea, let 
 me tell you more plainly, it would be better 
 to have no laws at all, than that freedom to 
 fleal fhould be tolerate, and alfo honoured 
 under pretext of law. 
 
 M. D o you think that any King will be 
 fo imprudent, that he will not at all have any 
 regard of the fame and opinion that all men 
 have of him ? or that he will be fo forgetful 
 of his fubjeds, that lie will degenerate into 
 their praviry, whom he hath restrained by ig- 
 nominy, imprifonment, confifcation of goods, 
 and in a word with very grievous punifriments? 
 
 B. LET us not believe that thefe things 
 will be, if they had not been done not long 
 ago, and that to the exceeding great hurt of 
 the whole world. 
 
 M. WHERE do you tell thcfe things 
 were done ? 
 
 B. D o you ask, where ? as if all the na- 
 tions in Europe did not only fee, but feel 
 alfo how much miichief hath the immoderate 
 power, and unbridled tyranny of the pope of 
 Rome brought upon humane affairs ? Even 
 that power which from fmall beginning and 
 y honcft he had got, every man doth 
 P 3
 
 2 1 4. The due Privilege of 
 
 know that no Icfs can be feared by unwary 
 perfons. At firft, laws were propofed to us, 
 not only drawn out of the innermoft fecrets of 
 nature, but given by God himfelf, explained 
 by the prophets from the holy Spirit, at laft 
 by the Son of God, and by the fame God con- 
 firmed, committed to the writings of thofe 
 praife worthy men, exprefled in their life, 
 and fealed with their blood. Neither is there 
 in the whole law any other place more care- 
 fully, commendably, or more clearly deli- 
 vered, than that of the office of Bifhops. 
 Now feeing it is lawful to no man to add any 
 thing to thefe laws, to abrogate or derogate 
 ought therefrom, or to change any thing 
 therein, there did remain but one interpre- 
 tation, and whiJft the Pope did arrogate it, 
 he not only did opprefs the reft of the 
 Churches, but claimed a tyranny the moft 
 cruel of all that ever were, daring to com- 
 mand not only men but Angels alfo, plainly 
 reducing Chrift into order, if this be not to 
 reduce him into order, that what thou wilt 
 have done in heaven, in earth and amongft 
 the damned in hell, be ratified ; what Chrift 
 hath commanded, let it be ratified, if thou wilt 
 for, if the law feem to make but little for your 
 behoof, interpreting it thus you may back-bend 
 it, fothat not only by 'your mouth, but al- 
 fo according to the judgment of your mind 
 Chrift is conftrained to fpcak. Chrift there- 
 fore fpcaking by the mouth of the Pope,
 
 the Scots Government, z 1 5 
 
 *Pifm is fet in Childericks place of govern- 
 ment, Ferdinands of Anagon fubftitutc to 
 John King of Navarre* the fbn arofc in 
 arms againft his father, and fubjcdts againft 
 their King. Chrift is full of poifon, then he 
 is forced by witches, fo that he killcth Hen- 
 ry of Luxemburg by poifbn. 
 
 M. I have heard thefe things often before, 
 but I defire to hear more plainly iomcwhat 
 of that interpretation of laws. 
 
 B. I fhall offer you one example, from 
 which you may eafily underftand, how mucli 
 this whole kind is able to do. The law is, A 
 Bifhop muft be the husband of one wife, than 
 which law what is more clear, and what may 
 be faid more plain ? one wife, ( faith the Law ) 
 one Church, (faith the Pope) fuch is his 
 interpretation. As if that law were made not 
 to reprcfs the luft of Bifhops but their ava- 
 rice. Now this explanation, albeit it faith no- 
 thing to the purpofe, yet doth contain a judg- 
 ment honeft and pious, if he had not vitiated 
 that law again by another interpretation. What 
 doth therefore the Pope devife for excufe ? It 
 varieth ( faith he ) in regard of perfons, ca- 
 fes, places and times. Some are of that emi- 
 nent difpofition, that no number of Churches 
 can fatisfie their pride. Some Churches a- 
 gain are fo poor, that they cannot maintain 
 him who was lately a begging Monk, if he 
 now have a mitre, if he would maintain the 
 name of a Bifhop. There is a rcafon in- 
 P 4 vented
 
 2 1 6 The due 'Privilege of 
 
 vented from that crafty interpretation of the 
 law, that they may be called Bifhops of one 
 Church, or other Churches given them in 
 Commendam, and all may be robbed. Time 
 would fail me, if I Ihould reckon up the 
 cheats, which arc daily excogitat againft one 
 law. But albeit thefc things be moft unbc- 
 fecming as well the name of a Pope, as of a 
 Chriilian, yet their tyranny refts not here : 
 For fuch is the nature of all things, that 
 when they once begin to fall, they never 
 ftay until they fall headlong into deftrudion. 
 Will you have me to fhpw you this by a 
 famous example ? Do you not remember up- 
 on any of the Roman Emperours blood, 
 who was more cruel and wicked than C, 
 Caligula. 
 
 -M. THERE was none that I know of. 
 f B. N o w what was his moft nefarious vilr 
 Jany think you? I do not fpeak of thpfe 
 deeds which Popes do reckon up in fome 
 icicrved cafes, but in the reft of his life. 
 
 M. 1 do not at prcfcnt remember. 
 
 B. WHAT do you think of that, that 
 having called upon his hgi-fe^ he invited him 
 jo fup with him?. Set a golden grain of bar- 
 ky before him, and made him Conful? 
 
 M. INDEED it was moft impioufly done. 
 
 B. WHAT think you of that, how he 
 nv.dc the lame horic his Colleague in the 
 Pricfthood ? 
 
 M. D o you tell me that in c;ood ear - 
 nc(U B. IN-
 
 the Scots Government. 2 1 7 
 
 B. INDEED in good earneft, nor do I 
 admire that thefe things fcem to you feign- 
 ed. But that Roman Jupiter of ours hath 
 done fuch things, that thole things done by \ 
 Caligula may feem true to pofterity. I fay 
 Pope Julius the Third, who feems contend- 
 ed with C. Caligula, a moft wicked wretch, 
 for preheminence of impiety. 
 
 M. WHAT did he of that kind? 
 
 B. H E made his ^^-keeper, a man al- 
 moft more vile than the vileft beaft, his Col- 
 league in the Papacy. 
 
 M. PERHAPS there was another caufe 
 of chafing him ? 
 
 B. S o M E are reported indeed, but I have ' 
 picked out the moft honcft. Seeing then fo 
 great a contempt, not only of the priefthood, 
 but alfo a forgetfulnefs of humanity arifing 
 from this freedom of interpreting laws, be- 
 ware you think that to be a fmall power. 
 
 M. BUT the ancients fecm not to have 
 thought it fo great a bufinefs of interpret- 
 ing, as you would have it fecm to be : 
 Which by this one argument may be un- 
 derftood, becaufc the Roman Emperours 
 granted it to lawyers; which one reafon 
 doth overturn your whole tedious difputc, 
 nor doth it only refute what you Ipokc of 
 the greatnefs of that power, but that alfo 
 which you moft fhun, it perfpicuoufly de- 
 clareth what power they granted to others 
 of anfwering rightly, was not denied to 
 
 them-
 
 2 1 8 Tie due 'Privilege of 
 
 thcmfelvcs, if they had been plcafed to ex- 
 ercife that office, or could have done it by 
 realbn of greater affairs. 
 
 B. As forthofc Roman Empcrours, whom ^ 
 the Soldiers did chufe indelibcratcly., and , 
 without any regard to the common good 
 of all, thefe fall not under this notion of 
 Kings which we have defcribed fo that by 
 thofe that were mod wicked were they cho- 
 ien who for the moft part were moil wic- 
 ked, or elfe laid hold upon the Government 
 by violence. Now I do not reprehend them 
 for granting power to lawyers to interpret 
 the law. And albeit that power be very 
 great, as I have faid before, it is notwith- 
 ftanding more fafely concrcdited to them to 
 whom it cannot be an inurument of tyran- 
 ny. Moreover it was concreditcd to many 
 whom mutual reverence did hold within the 
 bounds of duty, that if one decline from 
 equity, he might be refuted by another. And 
 if they Ihould have all agreed together into 
 fraud 5 the help of the judge was above 
 them, who was not obliged to hold for law 
 whatever was given by Lawyers for an 
 anfwer. And over all was the Emperour, 
 who might punilh the breach of laws. They 
 being aftrided by fo many bonds were hem- 
 med in, and did fear a more grievous punifh- 
 mqit, than any reward of fraud they could 
 cxpccl: : You fee, I fuppofe then that the 
 
 danger
 
 tie Scots Government. 2. 1 9 
 
 danger to ,be feared from fuch kind of men 
 was not fo great. 
 
 x M. HAVE you no more to to fay of a 
 King?' 
 
 B. FIRST, if you pleafe, let us coiled 
 together, what is already fpoken, fo that the 
 more eafdy we may underftand, if any thing 
 be omitted. 
 
 M. I think we fhould do fb ? 
 
 B. W E feemed to be at accord fufBcient- 
 ly concerning the origine and caufe of cre- 
 ating Kings, and making laws, but of the 
 Lawgiver not fb : But at laft, though fome- 
 what unwillingly I feem to have confented, 
 being enforced by the ftrcngth of truth. 
 
 M. CERTAINLY you have not only 
 taken from a King the power of command- 
 ing laws, but alfo of interpreting them, e- 
 ven whilft I as an advocate ftrongly pro- 
 tefled againft it. Wherein I am afraid, if 
 the matter come to publick hearing, left I 
 be accufed of prevarication, for having fo 
 eaftly fuffered a good caufe, as it feemed at 
 firft, to be wrung out of my hands. 
 
 B. B E of good courage ; for if any ac- 
 cufe you of prevarication in this cafe, I pro- 
 mife to be your defence. 
 
 M. PERHAPS we will find that fhortly. 
 
 B. THERE feems to be many kinds of 
 affairs which can be comprehended within 
 jio laws 5 whereof we laid over a part on 
 
 ordinary
 
 22O The due Privilege of 
 
 ordinary judges, and a part on the King's 
 council by the King's content. 
 
 M. I do remember we did ib indeed. And 
 when you was doing that, wot you what 
 came into my mind ? 
 
 B. How can I, unlcfs you tell me ? 
 
 M. METHOUHGT you made Kings in a 
 manner like ftone feals, which for the moft 
 part fo feem to lean on the tops of pillars, as 
 if they did fuftain the whole fabrick : where- 
 as in effed they bear no more burden, than 
 any other ftone. 
 
 B. WHAT? good advocate of Kings, do 
 you complain that I lay on them a little bur- 
 den, teeing both day and night they do no- 
 thing elfe, than fcek out others to bear bur- 
 den with them, or upon whom they may 
 altogether lay the burden, and fo disburden 
 themfelvcs. And in the mean time you fcem 
 to take it in ill part that I afford them help 
 labouring under their burden. 
 
 M. I alfo very willingly admit thefe auxi- 
 liaries, but fuch would I have as may fervc, 
 but not command, fuch as may fhew the way, 
 but not lead in the way, or more truly draw, 
 or rufh them forward as fomc warlike en- 
 gine, and leave a King no other power but 
 to afifent to them. Therefore I prefently ex- 
 pect, that having ended our diicourfc con- 
 cerning a King, you would ftep afuic to ipeak 
 of Tyrants, or fomewhcre elfe : For you 
 have inclofed a King within fo narrow bounds, 
 
 that
 
 the Scots Government. 221 
 
 that I am afraid, left, if we tarry longer there- 
 in, you drive him out of his grcateft wealth, 
 and higheft dignity, and banifh him, as it 
 were, into fome defert Ifland ; where, being 
 fpoiled of all his honour he wax old in po^ 
 verty and mifcry. 
 
 B. Y o u feared, as you pretend, the crime 
 of prevarication ; but I am afraid, left in ca- 
 lumniating you wrong the King, whom you 
 endeavour to defend. Firft, I would not have 
 him to be idle, unlels you would appoint 
 idle mafter- builders : Secondly, you deprive 
 him of good minifters and friends, whom I 
 have adjoyned unto him, not as keepers, but 
 would have them called by him to bear a 
 part of his labour; and thefe being driven 
 away, you furround him with a band of 
 knaves, who make him to be feared by his 
 fubjeds : Neither do you think he will be 
 formidable, unlefs we allow him a great 
 power of doing wrong. I would have him 
 to be by his fubjccls beloved 5 not to be guard- 
 ed by the terrour, but good-will of his fub- 
 jeds, which arms alone do make Kings in- 
 vincible. Unlefs you gainfay this, I truft I 
 fhall fhortly prove it : For I fhall lead him 
 out of thefe you call ftraits into light 5 and 
 by one law ihall give him fo much autho- 
 rity and enlargement, that if he defire more, 
 he may feem imprudent. 
 
 M. INDEED I long to hear that. 
 
 B.I
 
 222 The due Privilege of 
 
 B. I fhall then fall upon that matter, that 
 I may fatisfy your defire as foon as I can. 
 A little before we have confdTcd, that no 
 law can be fo accurately cautioned concern- 
 ing any affair, but that malicious fubtilty 
 may invent fbme fraud. This, perhaps, will 
 be the better underftood by the example al- 
 ready propofed. By the law it is ordained, 
 that no parents tranfmit their benefices to 
 their baftards. Here, in etfeft, the law feems 
 clear, yet a cheat is found out ; that the fa- 
 ther fubftitute fome other man, and that he 
 may deliver that fame benefice to the baftard 
 of the former pofleflbr. Thereafter, when 
 as it was carefully ordained by law, that the 
 fon fhould by no means enjoy that benefice 
 which his father had poflefled before ; yet 
 by this caution it was never a whit the bet- 
 ter : For againft that law a paftion was found 
 out amongft priefts, that each of them fhould 
 fubftitute the fon of the other in his office. 
 And when that was alfo forbidden, the law 
 was alfo eluded by another kind of cheat : 
 A pretender was let up againft the father, 
 who might pretend he had a right to that 
 benefice. Whilft the father feemingly is a 
 contending with this fuppofed fycophant, 
 the fon doth petition the Pope for the be- 
 nefice, if fo be that the right unto that be- 
 nefice belong not to either of the parties 
 contending for it; and fo the fon, by his 
 father's prevarication, doth enjoy his father's 
 
 benefice,
 
 the Scots Government. 223 
 
 benefice, and overcometh both the parties, 
 who willingly and freely yield up their plea. 
 Thus you ice how many kinds of cheats are 
 invented againft one law. 
 
 M. 1 fee it. 
 
 B. D o not lawgivers feem to do altoge- 
 ther the fame herein which phyficians do, 
 who whilft they endeavour by applying a 
 plaifter to compefce the eruptions of flegm, 
 or of fomc other hurtful humour, the hu- 
 mour reflrained in one^ place feeks iflue in 
 many places at once ; and, as a certain Hy- 
 dra, having one head cut off, many heads 
 -ftart up in place of one. 
 
 M. NOTHING more like. 
 
 B. WHAT was incumbent for a phyfi- 
 cian to do at firft for freeing the whole bo- 
 dy at once of peccant humours. Ought not 
 the politick phyfician to do the fame in this 
 cafe, for freeing the whole commonwealth 
 of evil manners ? 
 
 M. I think that to be the right way of 
 cure, albeit it be difficult. 
 
 B. AND if this can be. obtained, I think 
 there would be need of few laws. 
 
 M. I T is indeed fo. 
 
 B. DOTH not he alone feem to confer 
 more for the publick good who can apply 
 this remedy, than all the conventions of all 
 eftates met for making of laws ? 
 
 M. DOUBTLESS far more. But that I 
 may make ufc of the comick poets words, 
 
 who
 
 124. The due Privilege of 
 
 who is able to undertake fo weighty a 
 charge. 
 
 B. WH A T if we fhall lay it over on the 
 King? 
 
 M. MERRILY fpoken indeed. What 
 was fbon done and eafy you have commit- 
 ted to the whole people ; but if any thing 
 be difficult and intricate, you will lay it o- 
 ver upon the King alone, as if you thought 
 him not fufficiently bound tying him round 
 about with fo many fetters, unlefs you lay 
 upon him a moft grievous burden, under 
 which he may alib fuccumbe. 
 
 B. IT is not fo, but we contend for a 
 bufinefs eafy for him to be done ; we be- 
 feech, he would fuffer himfelf to be exora- 
 ble. 
 
 M. WHAT is that, I pray* 
 
 B. THAT as fathers ought to carry to- 
 wards their children, fo in all his life he 
 would behave himfelf towards his fubjefts 
 whom he ought to account as children. 
 
 M. W H A T is that to the purpofe rn 
 hand ? 
 
 B. SURELY this one is certainly the 
 chiefeft remedy againft corrupt manners 5 and 
 left you fuppofe that it is an invention of 
 mint, hear what Claudianus faith : " Thou, 
 " King, muft as a father rule thy fubje&s ; 
 " and no lefs have a care of all, than of thy 
 " felf : Let not thy own defire only move 
 " thee, but alfo the publick defires of tky
 
 the Scots Government \ 
 
 te people. If thou commandeft ought to be 
 " done by all, and to be obeyed, obey the 
 " fame firft thy felf: Then will the people 
 " become the more obfervant of equity* 
 " nor will refufe to bear any burden, when 
 " they fee their King himfelf obedient to 
 " what he commands. The whole world 
 " doth aft conform to the example of a 
 " King. The laws of Kings prevail not fo 
 " much to incline mens minds unto obe- 
 " dience, as the converfation of the Rulers $ 
 " for the fluduating multitude doth always 
 " change as their Prince doth. " Do not 
 imagine that the Poet, pregnant for under- 
 ilanding and learning, did in vain believe 
 fo great force to be herein 5 for people are 
 fo addided to the imitation of Kings, in 
 whom any image of honefty doth fhine or 
 appear, and ib endeavour to exprefs their 
 manners, that whofe virtue they admire, 
 they endeavour alfo to imitate fbme of their 
 vices in fpeech, apparel, in deport : But in 
 conforming themfelves to the King in gc- 
 fture, manners of fpeech, they not only de- 
 fire to imitate him, but alfo by flattery th^y 
 iniinuate themfelves into the minds of great 
 ones, and by thefe arts they hunt after riches, 
 honour and preferment, becaufe they know 
 we have it by nature, that we love not only 
 our felves, and our own concerns, but em- 
 brace our own likenefs, though vicious in 
 others. Now that which we demand, not 
 Q^ wickedly
 
 226 The due Privilege of 
 
 wickedly and arrogantly, but by intreaty en- 
 deavour to obtain, hath a far greater force, 
 than the threatnings of laws, the oftcntation 
 of punifhments, or armies of foldiers. This 
 reduccth a people without force into modc- 
 ily, conciliated! to a King his fubjeds good- 
 liking, increafeth and maintaineth the pub- 
 lick tranquillity, and the wealth of every 
 one fevcrally. Let therefore a King care- 
 fully confider, that he is fct on the Theatre 
 of the world, and for a fpcdacle propofed 
 to all, fo as no word or deed of his can be 
 concealed. The vices of Kings can never be 
 kept fecret. For the fupream light of Fate 
 furfers nothing to lie hid in obfcurity, and 
 Fame enters into all fecret places, and finds 
 out obfcure corners. O how much doth it 
 concern Kings to be circumfpecl on all hands! 
 feeing neither their vices nor their virtues can 
 be concealed, nor yet without a great uni- 
 verfal change of affairs. But if any do yet 
 doubt, what great importance there is in the 
 converfation of a Prince, for the emendation 
 of the publick difcipline, let him take but 
 a^view of the {mall beginning of the ftate 
 of Rome. That rude people, confifting of 
 fhephcrds and country inhabitants, I fhall 
 not fay worfe, naturally fierce, having got a 
 very couragious King, and having pitched 
 once their tents, for foliciting the peace of 
 the neighbouring nations, and provoking 
 them to fight, how much do you think of 
 
 hatred
 
 the Scots Government. 227 
 
 hatred and fear was bred in their neighbours ? 
 When again that very fame people had let 
 over them a pious and juftKing, they were 
 fo fuddenly changed, that being wholly de- 
 voted to the worfhip of their Gods, and td 
 acts of jufticc, that to wrong them their 
 neighbours judged it a crime ; even thofe 
 very neighbours, I fay, whole lands before < 
 they had laid wafte, whofe cities they had 
 burnt, and their children and kinfmen they 
 had carried away into bondage. Now if iri 
 that barbarity of manners, and rudencfs of ' 
 times, Numa Tomfz lilts, (who a little before 
 was brought out of another nation at enmi- 
 ty with them, and made King) could do ib 
 much ; what fhall we expert, or rather what 
 mall we not expect of thofe Princes, who 4 
 being fupported by affinity, vafials, and much 
 wealth left them by their aiiccftors, obtain 
 the government, and arc born and brought 
 tip in expectation thereof ? Now how much 
 Ihould it ftir up their minds unto virtue, that 
 they hope to have the praife, not of one 
 day, as Stage-players do, the fccne being once 
 paft, but the good-will, admiration, and per- 
 petual remembrance of their life to all poftc- 
 fity, and know that honours in heaven arc 
 prepared for them? I wiihl could exprefs in 
 words the reprefentation of that honour, 
 which in mind I have conceived. Now that 
 1 may fomewhat propofe unto your view the 
 fame by fome of the firft draughts and linca- 
 2 ments
 
 2z8 The due Privilege of 
 
 mcnts thereof, coniidcr with yourfelf, how' 
 the brazen icrpcnt, ercded by Mofes in the 
 Defcrt of Arabia , did heal the wounds made 
 by other fcrpents, by a very look of the 
 people thereon. I imagine, that out of the 
 whole people there were fome dung by fcr- 
 pents, and running together for preient cure, 
 others aftonifhed at the newnefs of the mi- 
 racle, and all celebrating with all kind of 
 praiic the immenfe and incredible good- 
 ncfs of God : when they perceive that the 
 pain of that deadly wound was not ta- 
 ken away, cither by medicaments, with the 
 torment of the patient, by the phyficians 
 labour and afliduous carcfulnefs of friends, no? 
 by any long fpacc of time, but reduced unto 
 health in a moment. Compare now a King 
 with that ferpent, and fo compare him, that 
 you may reckon a good King amongft the 
 greateft benefits of God 5 who alone, with- 
 out any cxpence of thine, and without thy 
 pains and labour, doth relieve a Kingdom of 
 all its troubles, fctlcth perturbations, and in 
 a fhort fpace bringcth the inveterate ulcers 
 of minds unto a cicatrice or fear: neither 
 i$ he only a procurer of health to thofe 
 who behold him near at hand, but allb to 
 fuch as arc a far off, and have no hope to 
 ice him, in whofc image fo great a force is 
 prcfented to the minds of his fubje&s, that 
 it doth cafiiy perform what the prudence of 
 Lawyers, the fcicncc of Philofophcrs, and 
 
 the
 
 the Scots Government. 219 
 
 the experience of fo many ages in collecting 
 their fevcral arts could never perform. Now 
 what greater honour, dignity, cmincncy or 
 majefty can be told or excogitate to be in 
 any man, that by fpecch, convcrfe, fight, , 
 fame, and a tacity ipecics prcfcntcd to the 
 mind, he may reduce the moft luxurious to 
 modefty, the violent to equity, and thofc that 
 are furious unto a right mind. Can you ask 
 of God a greater benefit than this fo much for 
 the good of man's concerns ? If I miftake not, 
 this is the true reprcfentation of a King,notthat 
 of a King guarded with weapons of war, e- 
 ver fearing others, or making others afraid, 
 by his hatred towards his people meafuring 
 his peoples hatred againft him. This repre- 
 jentation which we have given, Seneca in his 
 Thyeftes hath expreflcd in very plcaiant co- 
 lours, which vcrfe I doubt not but you know, 
 feeing it is moft elegant. Do I now feem 
 to fpeak bafely and contemptuotiily of a King ? 
 and bind him faft loaded with the fetters of 
 laws within a goal, as you did lately fay * 
 And not rather do bring him forth into light, 
 and aflemblics of men, and fct him upon* the ' 
 publick Theatre of mankind, accompanied riot 
 \vith the arrogant company of archers and 
 armed men, and rogues cloathcd in filk, but 
 guarded in fafcty by his own innocency, not 
 with the terror of arms, but by the love of 
 his people ; and not only at freedom and fet 
 aloft, but honoured, venerable, facrcd, .and 
 Q. 3 cmi r
 
 230 The due Privilege of 
 
 eminent, and coming forth with the good 
 willies and fortunate acclamations of the peo- 
 ple, and whithcrfoever he gocth, turning the 
 faces, eyes and hearts of all towards him. 
 What acclamation, or what triumph can be 
 compared with this daily pomp ? or if God 
 in human likenefs fhould come down into 
 earth, what greater honour could be given 
 him by men, than that which would be given 
 to a true King, that is to the lively image of 
 God ? for neither can love beftow, nor flat- 
 tery invent a greater honour than this. What 
 (do you think of this reprefentation of a. 
 King? 
 
 M. S o fplendid and magnificent indeed it 
 is, that it feems nothing can be faid or ima- 
 gined more magnificent. But in thefc cor- 
 rupt times of ours, it is hard to find this mag- 
 nanimity, unlcfs careful education make anho- 
 ncft and good nature and difpofition. For 
 the mind being principled with good inftru- 
 &ions and acts from infancy, and by age and 
 daily practice confirmed, endeavours by vcr- 
 tue to attain to true glory ; in vain it is temp- 
 ted by the allurements of lulls, or wcakned 
 by the impreilions of adverfity. For thus 
 learning doth pcrfecl natural parts, and good 
 breeding doth ilrcngthcn the mind 5 fo that 
 it findethoccaftonof cxercifing vertue amongft 
 the very recreations of pleafures, and thefc 
 things which ufually terrific weak ones, by 
 rcafon of difficulty, vertue doth account them
 
 the Scots Government. 231 
 
 as a matter of praife. Seeing then there is 
 fo great importance in learning for all conditi- 
 ons of life, with what great care and folicitude 
 fhould men forefee, that the tender minds of 
 Kings be rightly principled, even from their 
 very infancy. For feeing many are the bene- 
 fits of good Kings towards their Sub- 
 jeds, and contrary- wife, many calamities 
 proceed from wicked Princes, than nothing 
 doth feem to have a greater influence upon 
 every rank of men, than the carriage and con- 
 verfation of Kings and others, who jointly 
 rule publick affairs. For what is done well 
 or ill by private perfons, is for the mofl part 
 hid from the multitude ; or by reafon of iuch 
 mens obfcure condition their example belong- 
 eth to few. But all the words and deeds of 
 thofe, who hold the helm of publick af- 
 fairs, cannot be concealed, being written as 
 it were in a publick monument, as Horace 
 faith, but are fct before all men for imitati- 
 on. For they do not turn men's affections to 
 themfelves by ftndying to pleafe them, but 
 by very kindly allurements of utility. And 
 whither focver the inclinations of Kings do 
 drive, they make the publick difcipline wheele 
 about with them. But I am afraid, that our 
 Kings will not be intreated to perform what 
 you have now mentioned. For they are fo 
 marred by the allurements of plcafures, and 
 deceived with the falfe mew of honour, that 
 I think they do almoO: that which fome Poets 
 (^ 4 report
 
 232 The due Privilege of 
 
 report to have befallen the Trojans who were 
 
 in company at Tea with ^Paris. For the true 
 
 Helena being left in Egypt with Trotheus a 
 
 holy and truely religious man, they did con- 
 
 - tend fo pertinacioufly the Ipace of ten years 
 
 ^for her likenefs, that it was the end of a moft 
 
 * $ pernicious war, and of the moft flouriihing 
 \JrV Kingdom in thofe times. For impotent Ty- 
 
 V/ ifr/rants cmbracin g tna t falfe reprefentation of a 
 /(j? ^Kingdom, when they have once obtained it 
 by right or wrong, cannot lofe it without de- 
 ftrudion. Now if any do admonifh them, 
 that the true Helena for whom they imagine 
 to fight, is elfewhere concealed, they would 
 call him mad. 
 
 B. I am indeed glad that you fomewhat 
 underftand the beauty of that true daughter of 
 Jupiter from this her likenefs, fuch as it is, 
 albeit you do not fee her felf. But if thefe 
 lovers of that Helena, to their great damage, 
 did fee the perfeft image of the true Helena^ 
 pourtrayed with her lively colours by fomc 
 'Protegenes or Appelles, \ do not queftion 
 but they would admire her and fall in love 
 with her. And if they did not command 
 their affedipns to enjoy that other, they might 
 fall into thofe grievous puniftimcnts, which 
 Terfeus in his Satyres doth imprecate on Ty- 
 rants. O fupream Father of the Gods, be 
 plcafcd thus to punifh cruel Tyrants, when a- 
 ny execrable Juft dipt in raging poifon doth 
 ftir up their fpirits, let them fee what vertue 
 
 is,
 
 tie Scots Government. 233 
 
 is, and let them pine away for forrow, be- 
 caufe they dcfpifed her. TAnd therefore fee- 
 ing we are fallen in to make mention of Ty- 
 rants, may it pleafe you, that {freight way we 
 proceed to fpeak of them ? j 
 
 M* YES, unlefs you think fome other 
 thing fhould be firft fpoken. 
 
 B. I fuppofe we (hall not deviate, if we 
 proceed in the fame footftcps for finding out a 
 Tyrant, wherein we did infill in feeking out 
 a King. 
 
 M. I think fo. For by that means we (hall 
 very cafily underftand what difference there is 
 betwixt them, if fct one againft another they 
 be duly confidered. 
 
 B. AND firft of all that we may begin at 
 a Tyrant's name, of what language, it is un- 
 certain. I therefore think it now necefiary 
 for us to feek therein the Greek or Latin 
 Etymology. Now what the ancients did call 
 Tyj^Qny- I think is not unknown to any 
 who are well verfed in human literature. Foe 
 Tyrants were called both by the Greeks and 
 Latincs, who had the full power of all things 
 in their hands, which power was not aftrid- 
 ed by any bonds of Laws, nor obnoxious to 
 the cognition of Judges. Therefore in both 
 languages, as you know, not only the noble 
 heroes, and moft famous men, but the chief- 
 eft of the Gods, and fo Jupiter alfo is called 
 Tyrannns ; and that even by thofe who both 
 think and fpeak honourably of the Gods. 
 
 M. i
 
 234 The due Privilege of 
 
 M. I know indeed that well enough 5 and 
 the rather I much admire, whence it is come 
 to pafs, that that name now for fo many ages 
 is accounted odious, and alfo amongft the 
 moft grievous reproaches. 
 
 B. I T fcems certainly to have fallen out in 
 this word, which happeneth to be in many 
 others $ for if you confider the nature of 
 words, it hath no evil in it. And albeit fome 
 words have a more pleafant found in the ears 
 of hearers, and others a more unpleafant, yet 
 of themielves they have no fuch thing, fo as 
 to ftir up the mind to wrath x hatred, or hi- 
 larity, or otherwiie to create pleafure or pain 
 and trouble. If any fuch thing befall us, that 
 happens to fall out ufually, not from the 
 -word, but from the confuetude of men, and 
 image thereof conceived by the hearers. 
 Therefore a word which amongft fome men 
 is honeft, amongft others cannot be heard 
 without fome preface of, with reverence. 
 
 M. I remember that the like is befallen the 
 names of Nero and Judas, whereof the one 
 amongft the Romans, and the other amongft 
 the Jews was accounted by great men very 
 famous and honourable. But thereafter by 
 no fault of thefe names, but of thefe two men, 
 it hath come to pafs, that even the moft fla- 
 gitious men will not have thefe names to be 
 given to their children 5 they being buried un- 
 der fuch infamy.
 
 the Scots Government. 
 
 B. T H E fame alfo is perfpicaous to have 
 befallen the word Tyrant, for it is credible* 
 that the firft Magiftrates, who were thus cal- 
 led, were good men : or from hence, that 
 this name was ibmetime fo honourable, that 
 it was attribute to the Gods. But thofe that 
 came afterward made it fo infamous by their 
 wicked deeds, that all men abhorred it as 
 .contagious and peftilentious, and thought it a 
 more light reproach to be called an hang- man 
 than a Tyrant. 
 
 M. PERHAPS it was the fame as befell 
 the Kings in Rome after the Tarquinii were 
 depofed in the name Ttiffor after, M. An- 
 toniu* and f P. T)olabeUa were Confute. 
 
 B. JUST fo. And on the contrary, bafc 
 and vulgar names have been made famous by 
 the vertue of men called thereby. As amongft 
 the Romans, Camillas ', Meteltus, Scrofha : 
 and amongft the Germans, Henry, Genferick, 
 Charles, This you ihall the better under- 
 ftand, if taking away the name of Tyrant, 
 you confidcr the thing, notwithftanding that 
 this kind of government hath continued in 
 its former honour and relped amongft many 
 famous nations, as the ^/Efymnette amongft 
 the Grecians, and the T) iff at or s amongft the 
 Romans; for both were lawful Tyrants. 
 Now Tyrants they were, being more power- 
 ful than the laws ; but lawful they were, as 
 being chofen by confent of the people. 
 
 M, WHAT
 
 2 36 The due Privilege of 
 
 M. WHAT am I hearing ? Tyrants and 
 yet lawful ? Indeed I did expect a far other 
 thing from you ; l?ut now you feejn to con- 
 found the differences of all Kings and Ty- 
 rants. 
 
 B. INDEED both Kings and Tyrants a- 
 mongft the ancients feem to have been alto- 
 gether one and the fame 5 but I fuppofc in di- 
 vcrie ages 5 for I think the. name of Tyrants 
 were more ancient ; thereafter when they be- 
 came weary of the name, in their place fuc- 
 cceded Kings by a more plaufiblc name, and 
 more gentle government, and when they al- 
 ib began to degenerate , the moderation of 
 laws were adhibited, which might fct limits 
 to the boundlefs lufts of their government. 
 Now men according to the exigence of times, 
 and their ufual way, fecking out new reme- 
 dies became weary of the old way of govern- 
 ment, and fought out new ways. Now our 
 prefent purpofe is to handle both kinds of go- 
 vernment, namely that wherein as well the 
 the government of Kings as of laws is die 
 moil powerful 5 and the worft kind of Ty- 
 ranny, wherein all things are contrary to a 
 Kingdom, and have undertaken to compare 
 them one with another. 
 
 M. I T is fo. And I eariieftly expect you 
 would fall upon that. 
 
 B. AT firlr. then we had agreed, that a 
 King \vas created for maintaining human Co- 
 cicty, and we determined his office and duty, 
 
 that
 
 the Scots Government. 237 
 
 that by the prefcript of laws he fhould allow 
 every man his own. 
 
 M. I do remember that. 
 
 B. FIRST then, he that doth not re- 
 ceive a government by the will of the peo- 
 ple, but by force invadeth it, or intcrcept- 
 cth it by fraud, how fhall we call him > 
 
 M. I fuppofe, a Tyrant. 
 
 B. THERE be alfo many other differences, 
 which 1 mall briefly run through, becaufe any 
 man may cafilly colled them from Ariftfft'l'e ; 
 for the government of Kings is according to 
 nature, but that of Tyrants is not A King 
 doth rule his fubjeds, and reign over them 
 by their own confent. Tyrants reign over; 
 them nill they, will they. A Kingdom is a 
 principality of a free man among free men : 
 Tyranny is a principality of a M after over 
 his (laves. For defence of a Kings fafcty the 
 fubjects watch and ward, for a Tyrant for- 
 rainers do watch to opprefs the fubjects. The 
 one beareth rule for the fubjecls welfare, the 
 other for himiclf. 
 
 M. WHAT do you fay of thofe who have 
 gotten into their hand th fupream authority 
 by force and without the people's confent, and 
 yet for many years did 16 rule, that the peo- 
 ple were not weary of their government ? 
 for what could be wanting in Htera the Syra- 
 cufan King, or in Cofmo de Me dices the Flo- 
 rentine Duke to make them jufl Kings, ex- 
 cept the people's fuff rages ? 
 
 JB. IN-
 
 
 238 The due Privilege of 
 
 B. I N D E E D we cannot excme them out; 
 of the number of Tyrants. For it was nobly 
 fpoken by a notable Hiftorian, albeit you may 
 indeed rule your country arid friends by via- 
 Jence and force, and corred their faults, yet 
 it is unfcalbnablc. Then again, fuch do iccm- 
 to do juft like robbers, who cunningly .di- 
 viding their ill gotten goods, do fcek the praifc 
 of juftice by injury, and of liberality by rob- 
 bery, yet do not obtain what they hunt for $ 
 by the odioufnefs of one ill deed they lofe all 
 the thanks of their (tentative bounty, and fo 
 much the lefs afiiirance of their civil diipofi- 
 tion do they give their fubjeds, and that be-- 
 caufe they do not that for their fubjeds good, 
 but for their own government, namely, that 
 they the more fecurcly may enjoy their own 
 lufts and pleafures, and eflablifh a fovercignty 
 over the pofterity to come, having Ibmcwhat 
 mitigated the people's hatred. Which when 
 they have once done, they turn back again 
 to their old manners. For the fruit which is 
 to follow may eafily be known by the fowetf 
 thereof. For he hath the fame ftrength and 
 power to revoke all things at his pleafure, and 
 to transfer unto himfelf the ftrength of all laws. 
 F vcn as if he wou'd abrogate all laws. But this 
 kind of Tyrants had been perhaps tolerable, if 
 without the common deftrudion of all it could 
 have been taken away, even as we do endure 
 fome bodily difeafes rather than throw our life 
 into the hazard of adoubtfome cure. But they 
 
 who
 
 tie Scots Government. 
 
 Who bear rule, not for their country's good, but 
 for their own felf interefts, have no regard to the 
 publick utility, but to their own pleafure and 
 luft, they place the (lability of their authority in 
 the people's weakness, and think that a King- 
 dom is not a procuration coneredited to them' 
 by God, but rather a prey put into their 
 hands. Such are not joined to us by any 
 civil bond, or bond of humanity, but fhould 
 be accounted the greatefl enemies of God and 
 of all men. For all the actions of Kings 
 fnould aim at the publick fafety of their fub- 
 jeds, and not at their own wealth. By how 
 much Kings are raifed above other men, fo 
 much mould they imitate the ccleftial bodies, 
 which having no good offices of ours given 
 to them, yet do infufe on human affairs a 
 vital and bountiful vertue of heat and light. 
 Yea the very titles wherewith we have ho- 
 noured Kings ( if you remember ) might put 
 them in mind of their munificence. 
 
 M. ME THINKS I remember, namely, that 
 they fhould ufe a paternal indulgence towards 
 their fubjeds committed to them as towards 
 children ; the care of a iheepherd in procu- 
 ring their profit ; as Generals in maintaining 
 their fafety, as governours in excellency of 
 vertues, and as Emperors commanding thole 
 things which might be ufeful. 
 
 B. C A N he then be called a father, who 
 accounts his fubjeds flaves ? or a fhcpherd, 
 who doth not feed his flock, but devoureth 
 
 them ?
 
 
 240 The due Privilege of 
 
 them ? or a Pilot, who doth always ftudy to 
 make fhiprack of the goods in his fhip, and 
 who ( as they fay ) makes a leek in the very 
 fliip wherein he fails ? 
 
 M. BY no means. 
 
 B. WHAT is he then, who doth not rule 
 for the people's good, but ftill doth all for 
 himfelf, who doth not ftrive with good men 
 in vcrtue, but contended! to exceed the moft 
 flagitious wretch in vices ? who leadeth his 
 fubjecls into manifeft fnares ? 
 
 M. INDEED fuch fhall not be by me ac- 
 counted either a General, or Emperor, or Go- 
 vernour. 
 
 B. I F you then fhall fee any ufurping the 
 name of a King, and in no kind of vertue 
 excelling any of the people, but inferior to 
 many therein, not fatherly affectionate to- 
 wards his fubjeds, but rather oppreffing them 
 by arrogant domineering, and that thinketh 
 the people is concredited to him for his own 
 gain and not for their fafeguard $ will you 
 imagine that fuch a man is truly a King, al- 
 beit he goes vapouring with a great many in 
 guard about him, and openly be fecn with 
 gorgeous apparel, and make a fhew of pu- 
 nimments ; can he conciliate the people, and 
 catch their applaufe by rewards, games, pom- 
 pous mews, and even mad underminings, and 
 what ever is thought to be magnificent ; will 
 you, I fay, account fuch a man a King ? 
 
 Af. NOT
 
 the Scots Government. 24.1 
 
 M. NOT indeed, if I would underftand 
 my felf aright, but void of all human 
 
 B. WITHIN what limits do you cir- 
 eumfcribe human fociety. 
 
 M. WITHIN the very fame limits where- 
 in by your preceeding difcourfe you feemed 
 to include it, namely within the hedge of 
 laws. Which whofoever tranlgrefs, be they 
 Robbers, Thieves, or Adulterers, I fee them 
 publickly punifhed, and that to be accounted 
 a j uft caufe of their punifhment, becaufe they 
 tranfgrefied the limits of human fociety. 
 
 B. WHAT fay you of thofe, who would 
 never once enter within thefe hedges ? 
 
 M. I think they fhould be accounted ene- 
 mies to God and men, and reckoned amongft 
 wolves, or fome other kind of noifome beafts, 
 rather than amongft men j which whofoever 
 doth nourifh, he nouriflieth them for his own, 
 deftruftion and others 5 and whofoever killeth 
 them, doth not only good to himfeif, but to 
 all others. But if I had power to make a law, 
 I would command ( which the Romans were 
 wont to do with monfters ) fuch kind of men 
 to be carried away into folitary places, or to 
 be drowned in the depths of the fea afar from 
 the fight of any land, left by the contagion 
 of their carcafes they might infed other men. 
 And rewards to the killers of them to be dif- 
 cerned not only by the whole people, but by 
 every particular perfon 5 as ufeth to be done 
 R to
 
 242 The due Privilege of 
 
 to thofc who have killed wolves or bears, 
 or apprehended their whelps. For if fuch a 
 monfter fhould be born, and ipeak with a 
 man's voice, and have the face of a man, 
 and likenefs of other parts, I would have no 
 fellowfhip with him 5 or if any man diverted 
 of humanity fhould degenerate into fuch 
 cruelty, as he would not meet with other 
 men but for their deftru&ion , I think he 
 fhould be called a man no more than Satyres, 
 Apes, or Bears, albeit they fhould refemble 
 countenance, gefture and fpeech. 
 
 B. Now, if I miftake not, you under- 
 ftand what a King, and what a Tyrant the 
 wifeft ancients meant in their writings. ; Will 
 it pleafe you then that we propofe fome Idea 
 of a Tyrant alfo, fuch as we gave in Ipeaking 
 of a King ? 
 
 M. Yes, that I do earneftly deiirc, if it be 
 not a trouble to you. 
 
 B. You have not forgot, Ifuppofe, what 
 by the poets is fpoken of the furies, and by 
 our divines of the nature of evil fpirits, 
 namely that thefe fpirits are enemies of man- 
 kind, who whilft they are in perpetual tor- 
 ments yet do rejoice in the torments of men. 
 This is indeed the true Idea of Tyranny. But 
 bccaufe this Idea can only be difcerned in the 
 imagination, but not by any of the fenfes, 
 I fhall fet before you another Idea, which not 
 only the mind may difcern, but the fenfes al- 
 fo perceive, and as it were reprefented to the 
 
 very
 
 tie Scots Government. 24.3 
 
 very eye. Imagine you fee a fhip tofled by 
 waves in the fea, and all the fhoares round a- 
 bout not only without haven or harbour but 
 alfo full of moft cruel enemies, and the Ma* 
 fler of the fhip in conteft with the company, 
 and yet to have no other hope of fafety than 
 in their fidelity, and the fame not certain, 
 as knowing well that he puts his life into the 
 hands of a moft barbarous kind of men, and 
 void of all humanity, whom by money he 
 may hold trufty, and who for greater gain 
 may be conduced to fight againft him. Such 
 indeed is that life which Tyrants embrace as 
 happy. They are afraid of enemies abroad, 
 and of their fubjeds at home, and not only 
 of their fubjefts, but of their domefticks, 
 kinsfolk, brethren, wives, children, and near 
 relations. And therefore they have always 
 war, either a foreign war with their neigh* 
 bours, civil war with their fubj eels, or a do- 
 meftick war within doors, or elfe they are ftill 
 in fear thereof. Neither do they expect aid 
 any where but by a mercenary way, they dare 
 not hire good men, nor can they truft bad 
 men ; what then in all their life can be to 
 them pleafant > T>ionyfais would not let his 
 daughters once become women to trim him, 
 fearing to let the razor come to his throat* 
 Temoleon was killed by his own brother, Al- 
 exander Therteus by his own wife, and Sp. 
 Casfis by his own father. He that ftill hath 
 fuch examples fet before his eyes, what a 
 R 2 torture
 
 244- The due Privilege of 
 
 torture do you imagine he carry cth about in 
 his breaft ? feeing he thinks that he is the mark 
 fet for all mankind to fhoot at. Neither is 
 he only while awake tormented with thefe 
 tortures of confcience, but alfo is awaked out 
 of his fleep by terrifying fights both of the 
 living and dead, and agitate by the fire-brands 
 of hellifh furies. For the feafon which na- 
 ture doth grant for reft to all creatures, and 
 alfo to men for relaxation of their cares, to 
 him is turned into ,horrours and punifh- 
 ment. 
 
 M. FORSOOTH you have handled thefe 
 things very acutely, but I know not if truly 
 alfo, but yet, if I miftake not, they make 
 not fo much for our purpofe. For they who 
 have the power to chufe what Kings they 
 pleafe, in them is the power to bind by laws 
 fuch as they have chofen. But you know 
 that our Kings are not chofen, but born 
 Kings. To whom I have always thought it 
 to be no lefs hereditary, that their will and 
 pleafure fhould ftand for law, than the 
 Kingdom itfelf. Nor am I rafhly induced 
 to be of this opinion, but convinced by fe- 
 veral great authors, with whom I am not a- 
 ihamed to be miftaken, ( if at all I be in any 
 miftake or error. ) For not to make menti- 
 on of others, Lawyers do affirm, that by the 
 r,oyal law which is made for the govern- 
 ment of Kings, all the people's power is fo 
 tranfmitted into them^ that their will and 
 
 pkafurc
 
 the Scots Government. 24 5 
 
 pleafure fhould be accounted for laws. And 
 indeed from this law did thofe threatnings of 
 a certain Emperor arife, that he would quite 
 take away from Lawyers all their fcience, 
 wherein they fo much boaft, by one edid. 
 
 B. You do very well, that whilft you 
 cite a moft wicked author of one of the great- 
 eft deeds, thought good to fupprefs his name. 
 For that was C. Caligula, who wifhed but one 
 neck for all the people of Rome. Now in 
 that Emperor there was nothing of a man, 
 far lefs of a King, befide his fhape, you are 
 not then ignorant how much authority may 
 be due to him. But as for the royal law, 
 what it is, when, by whom, and in what 
 words it was made, the very Lawyers make no 
 mention. For that power was never in any 
 of the Roman Emperors, feeing from them 
 appeals were made to the people. But that 
 ordinance, whereby L. Flaccus 1 having op- 
 prefled the liberty of the people of Rome, 
 eftablifhed by the filence of other laws j the 
 Tyranny of L. Sylla, no man did ever hold 
 for a law. For of that ordinance fuch was 
 the ftrength, that whatever L. Sylla had done, 
 fhould be ratified, which law never any free 
 people was Ib infatuate, as willingly to per- 
 mit to be impofed on them. Or if any fuch 
 were, he were indeed worthy to ferve perpe- 
 tually Tyrants, and be punimed for his folly. 
 But if any fuch }aw have been, let us think 
 R 3 it
 
 246 The due Privilege of 
 
 it "was an example propofed to us for caution, 
 but not for imitation. 
 
 M. INDEED you admonifh well. But 
 that admonition helongeth to them in whofe 
 power it is to create fuch Kings as moft pleafc 
 them, but to us it doth not at all belong, who 
 do not by fufFrages cleft the beft Kings, but 
 accept of thofe that by chance are given us. 
 That alfo of a certain Lawyer feems proper- 
 ly to quadrate with us, who have given to 
 our King's Anceftors that right and authority 
 over us and our pofterity, that they and their 
 pofterity fhould perpetually hold their Empire 
 and authority over us. I wifh then you had 
 admonifhed them ( I mean our Anceftors ) 
 who once had it in their own power entirely 
 to admit fuch Kings as they pleafed. But now 
 that counfel of yours too late ferves only for 
 this, not to amend the faults that are not in 
 our power, but deplore our Anceftor's folly, 
 and acknowledge the mifery of our conditi- 
 on. For what can be left to thofe that are 
 made flaves, but to be punifhed for other 
 men's folly ? and that our punifhment may be 
 made more light, let us afiwage them by pati- 
 ence j let us not provoke their wrath, by tu- 
 multuating importuncly, whofe dominion o- 
 ver us we cannot caft off, nor dimimfh their 
 > power, nor flee from their force or weaknefs. 
 Now that royal law, to which you are fo 
 much an adverfary, was not made in favour 
 of Tyrants, as you would have it fcem to be, 
 
 becaufe
 
 the Scots Government. 147 
 
 becaufe it was approved by Juftinian a very 
 juft Prince. With whom fo plain flattery 
 would not have had place. For with a fooliih 
 Prince, of the Poet would prevail that whom 
 dothfalfe honour help, or lying infamy terrtfie, 
 but a lewd man and a lyar ? 
 
 B. INDEED Juftinian, as hiftory reports, 
 was a great mighty man albeit fome do re- 
 port him to have been cruelly ingrate to Bel- 
 le far ins. But let him be fuch as you judge 
 he was, yet you may remember, that it is 
 recorded by fome almoft of that fame age 
 with him, that Tribonitts, a chief man amongft 
 the compilers of thefe laws, was a very wick- 
 ed man, and fo might eafily be induced to 
 gratifie alfo a very bad Prince. But even 
 good Princes do not hate this kind of flat- 
 tery. For even thofe who will not kill any 
 man^ do yet defire to have it in their power ', 
 and there is nothing which he dare not believe 
 of himfelfy feeing his power equal to that 
 of the Gods is commended. But let us return 
 to our own Princes ; to whom you fay the 
 Kingdom doth come by inheritance and not 
 by furfrages. Now of our own only I ipeak, 
 for if I mall digrefs to fpeak of foreign Prin- 
 ces, I fear left our difcourfe become more 
 prolix than we intended. 
 
 M. I think you fhould do fo. For foreign 
 affairs do not much belong to our difpute in 
 hand. 
 
 R. 4 B. THAT
 
 
 24.8 The due 'Privilege of 
 
 B. THAT I may therefore begin at the 
 firft principles. This is fufficiently agreed 
 upon, that our Princes were chofen for their 
 virtue, who would govern others. 
 
 M. S o do the writers of our affairs re- 
 cord. 
 
 B. NOR is this lefs known, that many 
 who have reigned cruelly and wickedly have 
 been called to account by their fubje&s 5 
 fome adjudged to perpetual imprifonment, 
 others punifhed partly by exile, and partly by 
 death, againft whofc killers no inquifition 
 was ever made, even when their fons or 
 kinfmen were affiimed into their ftead. But 
 who ever had killed good Kings, were moft 
 feverely punifhed, fo as no where elfe was 
 murthcr more feverely revenged. And be- 
 caufc it would be tedious to rehearfe every 
 one, I fhall produce fbme Few of thefe laft 
 Kings, whofe memory is moft recent. The 
 nobility did fo grievoufly punifhthe murther 
 of James the firft, ( having left as heir his fon 
 of fix years of age ) that by a new and exqui- 
 iite kind of punifhment they put to death fe- 
 veral perfons of very eminent families, and 
 peers of the land, both for wealth and vafla- 
 lage eminent : On the contrary, who did 
 condole the death of James the third, a man 
 flagitious and cruel ? far lefs revenge it ? But 
 in the death of James the fourth his fon, the 
 fufpicion of the crime was punifhed with 
 death, neither were our anceftors pioufly in- 
 clined
 
 the Scots Government. 249 
 
 clined towards good Kings, but alfo gentle 
 and merciful towards wicked Kings. For 
 when one of King Cuteris enemies had kil- 
 led him in his journey, whilft he is coming 
 to give an account of his adminiftration, he 
 was fevercly puniflied by a fentence of the 
 Eftates of Parliament. And likewife was 
 puniflied as an enemy he who had killed 
 E*venus in prifon, who had been adjudged 
 to perpetual bonds. And the violent death 
 or parricide of him they puniflied, whofe 
 wicked and vicious life all men had hated. 
 
 M. I do not fo much enquire at prefent 
 what fome time hath been done, as by what 
 right Kings reign amongft us. 
 
 B. THAT we may therefore return there- 
 unto, as in our firft Kings until Kenneth the 
 third, who firft fetled the kingdom in his 
 own family, it is very clear what was the 
 peoples power in creating their Kings, and 
 taking order with them, even fo it is necef- 
 fary we know, that he either did that againft 
 the peoples will, or by perlwafiorT obtained 
 it. 
 
 M> THAT cannot be denied. 
 
 B. MOREOVER, if by force he compelled 
 the people to obey him, then how foon the 
 people began to have confidence in their own 
 flrength, they might have caft off that vio- 
 lent yoke of Government impofcd upon 
 them : Seeing all laws received by kings and 
 people do pronounce, and nature itfelf doth 
 
 call
 
 
 250 The due Privilege of 
 
 call for it, that whatever is done by force and 
 violence, may be undone by the like violence. 
 
 M. WHAT if the people, being by fraud 
 circumvented, or by fear forced, did furren- 
 der themfelves into that flavery ; what for 
 excufe can be pretended, but that they per- 
 petually continue in that cafe, into which it 
 was once agreed they were to be in ? 
 
 B. IF you debate with me from that a- 
 greement, what excute there is for undoing 
 the fame. I fhall on the other hand lay 
 down fome reafons why padions and agree- 
 ments may be diflblved. And firft of all, 
 Inch as are made through force or fear, in 
 all commonwealths, concerning thefe there 
 is a fure law, drawn from Nature's fpring. 
 Laws allow reftitution to be fully made to 
 fuch as are by fraud circumvented, and think 
 that it fhould be kept for pupils, and fuch 
 other perfons, who by juft law they would 
 have to be defended. What aflembly there- 
 fore of men can require more juftly to have 
 reftitution, than a whole people, to whom 
 the wrong is done, which indeed is not done 
 againft one part of the commonwealth, but 
 floweth far abroad into all the members of 
 that politick body ? 
 
 M. I know this law to be made ufe of 
 in the cafes of private perfons, nor is it un- 
 juft. But there is no necellity we fhould 
 debate herein, feeing it is far more credible 
 (which is recorded by Hiftorians) that that 
 
 risht
 
 the Scots Government. z$i 
 
 right was by the peoples will granted to 
 Kings. 
 
 B. I T is alfo credible, that fo great a 
 matter was not obtained without ibme great 
 caufe. 
 
 M. I do eafily afient thereto. 
 
 E. WHAT do you think was the chief 
 caufe thereof? 
 
 M. WHAT other, except that which is 
 recorded? Wearifomnefs of ambition, tu- 
 mults, murthers, intcftine wars, often with 
 the utter deftruction of the one party, and 
 always with very great damage of both : 
 For fuch as did obtain the Government, 
 endeavoured to cut off their brethren, and 
 almoft all their near kinfmen, that they 
 might leave the Government the more peace- 
 able to their children, even as we hear is 
 done amongft the Turks, and as we fee a- 
 mongft the chief of Clans in our Hlands, 
 and in Ireland. 
 
 B. To which of the two do you think 
 was that contention moft pernicious, to the 
 people or to the Princes ? 
 
 M C E R T A i N L Y to the Kings, feeing 
 the greateft part of the people fecuring them- 
 felves doth ufually ftand fpcdators of Princes 
 contefts, v and yield always as a prey to the 
 victors. 
 
 B. I T feems then that Princes, rather for 
 themfelves, than for the good of the people, 
 defired to eflabliih the Kingdom in their own 
 family. M. THAT
 
 252 The due Privilege of 
 
 M. THAT is very probable. 
 
 B. Now that they might obtain that 
 which did fo much concern the perpetual 
 dignity, wealth and fafety of their family, 
 it is probable, that they did difpenfe or re- 
 mit to one another fomewhat of their right : 
 and that they might the more eafily obtain 
 the peoples good will, liking and confent,' 
 they on their part gave them fome cafe. 
 
 M. I believe that. 
 
 B. Y o u will certainly confefs it incredi- 
 ble, that for fo great a benefit beftowed on 
 their Kings, they fhould endure to be in a 
 worfc cafe than formerly they were in. 
 
 M. I T is altogether incredible. 
 
 B. N E i T H E k would Kings have defired 
 it with fo great ambition, if they had known 
 it would prove hurtful to their children, and 
 unprofitable to the people. 
 
 M. -N o T at all. 
 
 B. IMAGINE then that fome one in 
 parliament of the free people did freely ask 
 the King, What if to any King fhould fuc- 
 ceed a fon that is a fool, or mad ? Will 
 you fet fuch over us to rule us, who cannot 
 rule or govern themfelves ? 
 
 M. I think there was no need to make 
 ufe of that pxception, feeing by the laws it 
 is provided againft fuch a cafe. 
 
 B. WELL faid, indeed. Let us then 
 fee, if Kings had obtained from the people 
 a free power over the laws, whether that 
 
 had
 
 the Scots Government. 223 
 
 had been unprofitable, efpecially to thofc 
 who defired to forefee the good of their 
 own family in time coming. 
 
 M. W H Y (hall we think that that power 
 would be unprofitable? 
 
 B. BECAUSE nothing doth fo much 
 contribute for the continuance of a Govern- 
 ment, as that temperament of Government, 
 feeing it is both honourable for Kings, and 
 moderate and fafe for the people. The mind 
 of man hath fomewhat fublime and generous 
 imbred therein by nature, that it will obey 
 none, unlefs he govern profitably : Nor is 
 there any thing more prevalent for maintain- 
 ing human fociety, than the mutual exchange 
 of benefits, and therefore Theopompus feems _^- 
 to have wifely anfwered his wife upbraiding 
 him, that by adding the Efhory he had di- 
 minimed the power of his authority, and 
 had left the Kingdom to his fons lefs than he 
 had gotten it. It is, faith he, fo much the 
 more frm and fur e. 
 
 M. WHAT you relate of continuance, I 
 perceive is moft true. For I think the King- 
 doms of the Scots and T>anes are the moft 
 ancient of all that are in Europe, nor do 
 they feem by any other means to have attain- 
 ed that antiquity, than by the moderation of 
 the fupreme authority, whilft in the mean 
 time the Kingdoms of the French, En- /-' 
 glijh and Spaniards, have paft fo often out 
 
 of
 
 
 2 $ 4- The due ^Privilege of 
 
 of one family into another. But I do not know 
 if our Kings have been fo wife as Theopompus. 
 
 B. A s they have not been fo prudent, do 
 you imagine that the people were fo foolifh, 
 as to negled an occafion fo opportune put 
 into their hand ? Or that they were fo ftruck 
 with fear, or feduced by flatteries, as to give 
 themfelves over into flavery willingly ? 
 
 M. PERHAPS it was not. But if the 
 people (which indeed might be) were fo 
 blind, that they did not fee what might con- 
 cern their own good, or being carelefs would 
 not fee what might be for their benefit, fo 
 as to contemn it, fhould they not then be 
 juftly puniihed for their folly ? 
 
 B. I T is not probable, that any fuch thing 
 was done, feeing we may fee the contrary 
 to be obferved even to our days. For befides 
 that wicked Kings, as often as they intended 
 tyranny over their fubjects, were always re- 
 ftrained, fome veftiges of the ancient cuftoms 
 do yet continue in fome ancient families. 
 For the old Scots even to our very days do 
 chufe their heads of Clans, and having cho- 
 fen them, do give them a Council of Elders, 
 to which Council whofoever gives not obe- 
 dience, is deprived of all honour and dignity. 
 What therefore is with very great care ob- 
 ferved in the parts, would they be negligent 
 of for the fecurity and fafety of all ? And 
 would they willingly redad themfelves into 
 bondage to him, who was to poffels a law- 
 ful
 
 the Scots Government. 
 
 ful Kingdom inftcad of fome benefit \ And 
 would they freely give over their liberty ac- 
 quired by rertue, defended by arms, not in- 
 terrupted for fo many ages, to one not ex- 
 pecting it, without force, without war ? For 
 the calamity of John Baliol doth fhew that 
 that power was never granted to our Kings, 
 befides the punifhments fo often taken for 
 their male-adminiftration. Who about two 
 hundred and fixty years ago was by the nobility 
 rejected, becaufe he had fubjeded himfelf and 
 his Kingdom to the authority of Edward 
 King of England, and Robert the fi*ft was 
 fubftitute in his ftead. The fame doth alfb 
 fhew that perpetual cuftom continued from 
 the beginning of our Government. 
 
 M. WHAT cuftom do you fpeak of? 
 
 B. WHEN our Kings are publickly in- 
 augurat, they folemnly promife to all the 
 people, that they will obferve the laws, rites, 
 and old ftatutes of their predecefibrs, and ufe 
 the fame power which they have received 
 from them, that whole order of ceremonies 
 doth fhew, and the firft entry of our Kings 
 into every City, from all which it may be 
 eafily underftood, what kind of power they 
 did receive from our predeceflbrs, to wit, 
 none other than that they fwear to maintain 
 the laws being chofen by fuffrages. This 
 condition of reigning did God propofe to 
 'David, and his pofterity, and promifeth they 
 fhould reign fo long, as they mould obey the 
 
 laws
 
 z $6 The due Privilege of 
 
 Jaws he had given them, thofe things indeed 
 they do, as is probable that our Kings re- 
 ceived from our anceftors a power not im- 
 menfe, but within certain limits bounded 
 and limited. And further, there was the 
 confirmation of a long time, and the ufur- 
 pation of a perpetual right by the people, 
 never reprehended by a publicjk decree. 
 
 M. Burl fear it cannot be eafily obtain- 
 ed of Kings as being perfwaded by that pro- 
 bability to condefcend to thefe laws, however 
 fworn unto, or ufurped by the people. 
 
 B. I alfo believe, it is no lefs hard to per- 
 fwade the people to pafs from the right re- 
 ceived from their anceftors, approved by the 
 ufe of fo many ages, and pradifed by one 
 continual tenour. I do not think it needful 
 to proceed by conjectures what the people is 
 to do, fince I fee what they have done alrea- 
 dy : But if by the obftinate pertinacy of both 
 the bufinefs come to arms, he that prevaileth 
 will give what law and right he pleafeth to 
 the vanquifhed j but this will not longer con- 
 tinue than he who is vanquifhed, having a- 
 gain gathered together his forces, mall take 
 up arms again. In all which contentions 
 men ufually (till fight with very great damage 
 of the people, but with the utter overthrow 
 of Kings. For from this Ipring do flow all 
 the deftrudions of all kingdoms. 
 
 M. I T muft needs be fo. 
 
 B. I have, perhaps, gone back further 
 
 than
 
 the Scots Government* 257 
 
 than was needful, to the end you might 
 clearly underftand what kind of Government 
 there was amongft us of old. For if I had 
 reafoned with you according to the rigour 
 of the 4aw, I might have gained my point 
 in a far more compendious way. 
 
 M. ALBEIT you have almoft fatisfied me 
 already, yet I fhall willingly hear what that 
 is. 
 
 B. I would then have you firft of all to 
 anfwer me this queftion, Do you not ap- 
 prove the definition of law fet down by law- 
 yers, who fay that law is> that which the 
 people knew when demanded by him to 
 whom the prerogative of demanding be- 
 longeth ? 
 
 M. INDEED I do approve it* 
 
 B. WE have agreed, that the faults of 
 laws being found out, they may be amended 
 or abrogated by the Lawgivers* 
 
 M. WE did fo. 
 
 B. I fuppofe you perceive now, that fuch as 
 are born Kings are by the laws and fuffrages 
 of the people created, no lefs than thofe 
 whom we fald were eleded in the begin- 
 ning. And that in receiving of laws there 
 will not be remedies wanting in the people, 
 who are the Lawgivers, not only againft force 
 and fraud, but alfo againft negligence. 
 
 M. I perceive that clearly, 
 
 B. ONLY here is the difference, that the 
 law concerning our Kings was made feveral
 
 
 258 The due Privilege of 
 
 ages before 5 and when any doth enter into 
 the Kingdom, there ufeth to be no new law 
 made, but the old law is approven and rati- 
 fied. But amongft thofe who have their 
 meeting of Eftates at the eledion of every 
 King, the law ufeth to be made, the King 
 created and approved, and fo to enter into 
 his government. 
 
 M. I T is fo. 
 
 E. No w if you ple'afe, let us briefly re- 
 capitulate what we are at accord in from the 
 very beginning. So that if ought be rafhly 
 approven, it may be retraded. 
 
 M.'\ am content.'. jfoj 
 
 B. F i R s T of all then, it feems that a 
 King is created for the peoples fake, and that 
 nothing more excellent is given us of God 
 than a good King,, and more peftilentious 
 than a wicked King. 
 
 M. VERY right. 
 
 B. W E have alfo faid, that a wicked .King 
 is called a Tyrant. 
 
 M. WE have faid fo. 
 
 E. A N D becaufe there is not fuch plenty 
 of good men, fo as to chufc thofe who may 
 prove good Kings, nor fo great a happinds 
 of birth, as that good luck may offer us 
 thofe that are good ? If we have not fuch as 
 we would wifh, yet we have fuch as either 
 confcnt hath approved, or chance hath of- 
 fered. Now the hazard that occurreth either 
 ii; chuiing new Kings, or in approving fuch 
 
 as
 
 ike Scots Government. 
 
 as are given us by birth, was the caufe that 
 we defired laws, which might modify the 
 government of Kings. Now thefe laws 
 fhould be nothing elfe but the exprefs image 
 (as far as may be) of a good Prince. 
 
 M. W E are at accord in that alfo. 
 
 B. I T now remaineth, as I fuppofe, for: , 
 us to fpcak of the puniuSment of Tyrants. 
 
 M. THAT only icons to remain unfpo- 
 ken of. 
 
 B. IF then a King break all the bonds of 
 laws, and plainly behave himfelf as a pub- 
 lick enemy, what think you ihould be done 
 in this cafe ? 
 
 M. INDEED I am at a ftand here. For" 
 albeit the reafons you have given feem to 
 convince mCj that we ought to have no fo* 
 ciety with that King; yet fo great is the 
 ftrength of a conftant cuftom, that in my 
 opinion it hath the ftrength of a law : 
 Which cuftom doth fo clofely cleave to men 
 in their minds, that if at any time it hath 
 brought in an errour, better it is to tolerate 
 it, than to marr the conftitution of the whole 
 body, whilft we endeavour to cure a difeafe 
 that is but miall by cuftom. For fuch is the 
 nature of fome difeafes,- that better it is to 
 endure the pain they bring, than to call for 
 doubtfome remedies, in the applying where- 
 of, albeit the cure may be wrought, yet they* 
 bring fuch {harp pains in their cure, as that 
 the cure of the difeafe is more pernicious 
 S a than
 
 2 (So The due Privilege of 
 
 than the difeale itfclf. Next, that which 
 troubles me more is, I fee that government 
 which you call Tyranny confirmed by the 
 word of God, and what you abhor as the 
 utter overthrow of laws, God doth call the 
 law of the Kingdom : The authority of that 
 paffage of Scripture doth move me more 
 than all the arguments of Philofophers. If 
 you do not explain this to me, the comments 
 of men will not be of fo great account with 
 me, but that I may inftantly fall away to the 
 adverfaries fide. 
 
 B. You are, as I perceive, in the com- 
 mon errouf, and that very grievous, who da 
 endeavour to confirm Tyranny by Tyranny : 
 For how great the Tyranny of cuftom is ir* 
 the minds of men, wherein it hath taken 
 deepeft root, and too often we have found 
 it in this our age, Herodotus, an ancient 
 writer, doth give us warning by an old ex- 
 ample ; but I need not old examples. Be 
 well advifed. Consider with your felf how 
 many things there be of great moment, 
 wherein you, following the diftates of rea- 
 fon, have fallen from a cuftom inveterate fo> 
 many ages paft, fo that now you might have 
 learned by domeftick experiments, that there 
 is no cuftom more full of dangers than that 
 which in a pubiick way they command us 
 to follow. I bid you look well to it round 
 about, how many ruines, and how great 
 {laughters will you fee therein ? But if it be 
 
 more
 
 the Scots Government. 261 
 
 more clear (as we fay) than the very light, 
 I need not tarry longer in proving or illu- 
 flrating a thing fo perfpicuous. Now as for 
 that paflage of Scripture, which from the hi- 
 ftory of the Kings you rather fignify than 
 explain, beware, I pray you : You think that 
 the things which God doth abhor in the life 
 of Tyrants, are by him allowed to Kings. 
 Now left this be, I bid you firft confider 
 what that people fought of the Lord : then 
 what caufes of a new petition they had. 
 Laftly, what the Lord did anfwer them. 
 Firft, they ask a King ; but what a King ? a 
 lawful King? Such a one they had. For 
 Samu^f was given them by the Lord, whofe 
 prerogative it was to fet a King over them. >> 
 He had for many years judged them lawful- \ 
 ly, according to prefcript of God's law ; but 
 whilft in his old age his fons did judge, they 
 did many things wickedly, and judged con- 
 trary to the laws. I fee no reafon why they 
 fhould ask the change, or rather amendment 
 of the government, or exped the fame from 
 the Lord, who not long before had quite 
 rooted out the whole family of Helt, almoft 
 for the like caufe. What do they then ask? 
 A King, fuch as their neighbouring nations 
 had, who at home might be a judge to them, 
 and abroad a leader of their armies. Now 
 in effed fuch were Tyrants : For as the peo- 
 ple of Ajia are of a more fervile difpo/i- 
 tion than thofe of Europe, fo did they the 
 S 3 more
 
 
 262 The due Privilege of 
 
 more eafdy obey the commands of Tyrants,' 
 There is no mention made, for ought I know, 
 by any Hiftorian of any lawful King in Afia. 
 Moreover, it doth eafily appear that a Tyrant, 
 and not a King, is there defcribed, in regard 
 the Lord in Deuteronomy had prefcribcd to 
 them a form, not only different from this 
 in that place cited by you, but alfo plainly- 
 contrary thereto ; according to which form 
 Samuel and the other Judges had judged fb 
 many years, which whilft they did rejed, the 
 Lord complains that he was by them rejeded. 
 
 M. B u T the Lord doth not call him Ty- 
 rant, but ever King. 
 
 B. HE calls him indeed King: For it is 
 peculiar to the Lord, to ufe the common fpccch 
 of the people, as often as he fpcaketh to a 
 people. And therefore he maketh ufe of that 
 word with the vulgar people ; But left an am- 
 biguous ufe thereof might deceive, he doth 
 eloquently expound what the ufe of that word 
 was amongft neighbouring nations, 
 
 M. A s that may be true, yet that of the 
 apoftle Taul doth urge us more narrowly,whq 
 commandcth Uf to pray for the fafety of Prin- 
 ces : He is fb far from permitting us to revile 
 Government, much lefs to dethrone fuch a$ 
 are inverted therewith, or to kill them being 
 thrown down. But what Princes doth he re- 
 commend to our prayers? The moil cruel that 
 ever were, Tiberius., Caligula., Claudius, Nero. 
 For ^Paul's EpifUcs were almoft contemporary 
 with them, B. THAI?
 
 the Scots Government. 263 
 
 B. THAT you make fo much account of 
 the authority in ^Paul, fo as one fentence of 
 his hath more weight with you than the wri- 
 tings of all Philofophers and Lawyers, I think 
 you do well 5 but fee that you consider well 
 his judgment, or meaning 5 for you muft riot 
 examine the words only, but in what time, 
 to whom, and why he wrote. Firft then let 
 us fee what *Paul did write. For he writeth 
 to Titus, chap. 3. *Put them in mindto.be 
 fubjett to principalities and 'power 's, and to be 
 ready to every good work. I fuppofe you 
 fee what end of obedience and fubjedion 
 he appoints. He likewife to Timothy, 
 Chap. 2. doth write, that we fhould pray for 
 all men, even for Kings, and other Magi- 
 Jtrates, that, faith lie, we may live a peace- 
 able life in all godlinefs and honefty. And 
 here you fee what end of praying he ap- 
 points ; namely, not for the King's fafety, but 
 the Churches tranquility, from which it will 
 be no difficult thing to conceive alfo the form 
 of prayer. Now in his Epiftle to the Ro- 
 mans, he doth define a King near to a logick 
 fubtilty ; For, faith he, he is a Minifler to 
 whom the fword u given by God, for pu- 
 nifhing the wicked, and for ch Drifting and . 
 relieving the good. For, faith Chnfofto'm, 
 thefc things are not by 'Paul written of a 
 Tyrant, but of a true and lawful Magiftratc, 
 who is the Vice-gercnt of the true God on 
 earth, whom whofoever refifteth, doth .cer- 
 S 4 tainly
 
 Tie due Privilege of 
 
 tainly reftft the ordinance of God. Now al- 
 beit we ought to pray for wicked Princes, 
 \vc fhould not thence conclude, that their 
 vices fhould not be punifhed; nor will it 
 more follow that we fhould not punilh the 
 rapines of Rob&ers, for whom we are alfo 
 commanded to pray. And if we fhould 
 obey a good Prince, it will not therefore 
 follow that we .Ihould not refift a wicked 
 Prince. But if you consider the reafon which 
 4id move Taul to write thefe things, look 
 that the place or argument make not much a- 
 gainft you. For he wrote this to chaftife the 
 rafhnefs of fome, who did deny the autho- 
 rity to be neceffary for Chrifttans. For fince 
 the power of Magiftrates is prdained againfl 
 wicked men, that we may all live righte- 
 oufly ; and an example of divine Juftice might 
 remain amongft men, they affirmed that there 
 was no ufe thereof amongft men, who ab- 
 hor fo much the contagion of vices, as that 
 they are a law to themfelves. *Paul doth 
 not therefore fpeak of thofe who bear rule 
 as Magiftrates, but of Magiftracy itfelf, that 
 is, of the Fundion and office ' of thofe 
 who rule $ nor yet of one or other kind 
 pf Magiftracy, but of every form of a law- 
 ful Magiftracy. Nor doth he debate with 
 thofe who think that wicked Magiftrates 
 fhould be reftrained, but with thofe men who 
 deny all authority of Magiftrates, who ab- 
 furdly interpreting Chriftian liberty, did af- 
 firm
 
 the Scots Government. 265 
 
 firm it to be an indignity for thofe that were 
 made free by the Son of God, and ruled by 
 the Spirit of God, to be under the power of 
 any man. That Taul might refute their er- 
 ror, he fhewcth, that Magiftracy is a thing 
 not only good, but alfo facred, namely an or- 
 dinance of God, and for that end inftitute, 
 that the afiemblies and incorporations of men 
 might be fo continued, that they might ac- 
 knowledge God's benefits towards them, and 
 might forbear to wrong one another. God 
 commanded them to be keepers of his laws 
 who were conftitute in dignity. Now if we 
 confefs laws to be good ( as indeed they are) 
 and the keepers thereof worthy of honour, 
 we will be forced to confefs that the office of 
 the keepers is a good and profitable thing. 
 But Magiftracy is terrible : But to whom ? to 
 the good, or bad ? To the good it is not a ter- 
 ror 5 it being to them a defence from inju- 
 ry ; but to wicked men it is a terror j it is 
 not fo to you, who are ruled by the Spirit of 
 God. But you will fay to me, what need 
 have I then to be fubjed to Magiftracy, if 
 I be the Lord's freeman ? Yea, that you may 
 approve your felf to be the Lord's freeman, 
 obey his laws; for the Spirit of the Lord, 
 by whom you boaft to be led and governed, 
 is both the Lawgiver, and approver of Magi- 
 ftrates, and alfo the author of obedience to 
 Magiftrates. We therefore in this will eafily 
 agree together, that there is need of Magi- 
 ftracy
 
 i 
 
 2 66 The due Privilege of 
 
 firacy even in the beft Commonwealths, and 
 that we fhould every way honour the fame. 
 But if any man think otherwife, we account 
 him mad, infamous and worthy of all pu- 
 nifliment ; for he doth plainly contraveen 
 the will of God revealed to us in the Scrip- 
 tures. But as for Caligula, Nero, 'Domrtian, 
 and fuch like Tyrants, why they fhould not 
 be punifhcd as breakers of divine and human 
 Jaw, you have nothing here from *Paul 9 who 
 treats of the power of Magiftrates, but not 
 of the wicked Miniftersof that power; nor 
 will they be at all Magistrates, if you examine 
 that kind of Tyrants according to haul's rule. 
 But if any will debate that wicked Princes 
 arc alfo ordained by God, look that this his 
 diicourfe be not captious. For ( as they fay 
 in proverb) God may put a hard wedge to 
 cleave a hard knot, fo doth he fet up a wick- 
 ed man for punifhing of wicked men ; but no 
 man in his right wits dare affirm, that God is 
 therefore the author of cvil,or wick ednefs, even 
 as no man is ignorant that he is the author of 
 punishing wicked men. A good Magistrate alfo 
 for the moft part chufeth a wicked man to be 
 an hangman for punifhing guilty pcrfons. And 
 albeit indeed that a Magistrate doth aSliime fuch 
 an hangman for that office, yet no impunity is 
 granted him of all his mifdceds. Nor will 
 the Magiftrate have him to be fo above the 
 laws, as that he cannot be queftioned there- 
 by. I will not ftay longer upon tjiis ftmili- 
 
 tude,
 
 tie Scots Government. 2 6j 
 
 tude, left Court-flatterers cry out that I fpeak 
 bafely of the fupream Magiftrate. But how- 
 ever they exclaim, certainly this they cannot 
 deny, that the hangman's function is a part of 
 the publick office, and perhaps of the royal 
 office, or at leaft by the teftimony of very 
 Kings ; who complain that their Majefty and 
 perfon is wronged, as oft as any of their pub- 
 lick Miniilers is wronged, or violence done 
 to them. Now the punifhment of wicked 
 Malefactors, and whatever elfe of that kind, 
 doth belong to the King's office. What fay 
 you of Majors or Provofts in Towns ? What 
 of Generals of Armies? What of Bailies? 
 What of Sheriffs ? Doth not ^Paul command 
 us to be fubjecl: to them ? Doth he hold them 
 for private perfons ? Now an account ufcth 
 to be taken for male-adminiftration of all, not 
 only of inferiour Magiftrates, but alfo of fuch 
 as are equal to Kings. I would therefore have 
 them, who from Paul's words do dream that 
 fo great a power is given to Kings, to fhew 
 me from him, that Kings only are here to be 
 underftood by the name of power, and there- 
 fore they only are to be exempted from the pu- 
 nifhment of laws ; or if, when we fay pow- 
 ers, other Magiftrates be alfo underftood by 
 the fame Author, who are ordained by God 
 for the fame ufe : I would have them alfo 
 to fhew me where all Magiftrates are loofed 
 from the laws, and pronounced free from the 
 fear of puniihrnent j or if this immunity be 
 
 granted
 
 
 268 The due Privilege of 
 
 granted to Kings only, but denied to others 
 who arc fct in authority. 
 
 M. B u T Taul will have all to be fubjed 
 to the higher powers. 
 
 B. H E commanded! fo indeed, but by 
 this name of power he mult, needs compre- 
 hend other Magiftrates, unlefs pcthaps we i- 
 magine that *Paul doth think no power at all 
 to be in thofe Commonwealths, which have 
 not kingly Government, but plainly an anar- 
 chy therein. 
 
 M. I do not believe that, nor is it proba- 
 ble 5 and the rather I am of this opinion, be- 
 caufe the current of ail the moft learned In- 
 terpreters on the place make for you ; who 
 think that Tauls difpute there was againft 
 thofe that affirmed that no Laws and Magi- 
 ftrates did at all belong to them. 
 
 B. WHAT fay you to that which I lately 
 fpoke? Do you think, that thofe Tyrants 
 before mentioned, of all men the moft cruel, 
 are meant by the Apoftle ? 
 
 . Yes, but what produce you againft me 
 to hinder me from the belief thereof? efpe- 
 cially feeing Jeremy doth earneftly advife the 
 Jews, and that by command of God, to o- 
 bey the King of Affyria, and by no means 
 to rejeft his authority, and thence they infer 
 by the like reafon, that obedience fhould be 
 given to Other Tyrants alfo, how cruel fo- 
 ever. 
 
 B. THAT
 
 the Scots Government. ^6^ 
 
 B. THAT I may anfwcr firft to what you 
 laft fpoke, you muft take notice, that the 
 Prophet doth not command the Jews to 
 obey all Tyrants, but the King of Affyria a- 
 lone : Now if you would conclude the form 
 of a law from that which is commanded to 
 be done to one iingle perfon, firft you arc 
 not ignorant (for Logick hath taught you 
 that ) what a great abfurdity you will make 5 
 next you will be in danger to be aflaulted by 
 the oppofers of Tyranny with the like wea- 
 pons : For you muft either ihew what fingu- 
 lar thing there is in that matter, or propofe it 
 to be imitate by all every where? or if you can- 
 not do this, you muft acknowledge, that what- 
 ever is enjoined concerning any one perfon 
 by any fpecial command of God, it doth a- 
 like belong to all. If you fhall once admit 
 this ( which you muft needs do ) it will be 
 inftantly objeded, that Ahab_^2& killed by 
 God's command, and a rewardwas alio pro- 
 mifed and performed to him that fhould kill 
 him. Whenever therefore you betake your 
 felf to that refuge, you muft obey all Ty- 
 rants j becaufe God by his Prophet did com- 
 mand his people to obey one Tyrant. It will 
 be inftantly replied, that all Tyrants ought 
 alfo to be killed, becaufe Ahab at the com- 
 mand of God was killed by the Captain of his 
 hoft. Therefore I advife you to provide a 
 more firm defence from Scripture for Ty- 
 rants 3 or then laying the fame afide at pre- 
 
 fent,
 
 270 The due Privilege of 
 
 fent, you may have your recourfc to the Phi- 
 loibphers fchool. 
 
 M. I fhall indeed think upon it. But in 
 the mean time let us return from whence we 
 have digreffed. What do you bring from 
 Scripture, why Tyrants may be be lawfully 
 killed? 
 
 E. F i R s T of all I proffer this, that feeing 
 it is exprefly commanded to cut off wicked- 
 nefs and wicked men, without any excep- 
 tion of rank or degree, and yet in no place 
 of facred Scripture 'are Tyrants more fpared 
 than private perfons. Next, that the defini- 
 tion of powers delivered by *Paul doth not 
 wholly belong to Tyrants, becaufe they ac- 
 commodate not the ftrength of their autho- 
 rity for the benefit of the people, but for 
 fulfilling their own lufts. Farther, we fhould 
 diligently confider how much power 'Paul 
 doth grant to Bifhops, whofc fundion he doth 
 highly and truly praife, as being fome way 
 like unto Kings, as far as the nature of both 
 their fun&ions can admit. For Bifhops are 
 Phyficians of internal difeafes, as Kings are 
 Phyiicians of external diftempers ; and yet he 
 would neither of them to be free from, or 
 not liable to the jurifdidtion of the other. 
 And even as Bifhops are fubjecl: to Kings in 
 the exercife of their civil Government, fa 
 ought Kings to obey the fpiritual admoniti- 
 ons of Bifhops. Now albeit the amplitude 
 and dignity of Bilhops be fo great, yet no 
 
 law
 
 tie Scots Government. 271 
 
 law divine or human doth exeme them from 
 the punifhment of crimes. And, to pafs by 
 others, the very Pope, who is accounted the 
 Bifliop of Bifhops, who fo exalts himfelf a- 
 bove all Kings, that he would be accounted 
 a certain God amongft men, yet is he not 
 exempted from the punifhment of laws, no 
 not by his own Canonifts, a kind of men 
 very devoted to him. For feeing they would 
 think it abmrd that God (for they do not he- 
 fitate to call him thus) fhould be obnoxious 
 to men's cenfure, and think.it unjuft that the 
 greater! crimes and moft filthy abominations 
 mould pafs unpunifhed in any, and yet^they 
 have found out a way whereby crimes may 
 be puniihed, and the Pope accounted facrcd 
 and inviolable. lor the priviledge of the 
 Pope is one thing, and of that man who is 
 Pope is another, fay they j and whilft they 
 cxeme the Pope ( whom they deny can err) 
 from the cognition of the laws, vet do they 
 confets him to be a man obnoxious to vices 
 and punifhment of vices ; nor have they more 
 fubtilly than feverely declared their judgment 
 herein. It would be tedious to rehearfe, what 
 Popes ( to fpeak after their .ufual way ) what 
 men perfonating Popes, who not only alive 
 were forced to renounce their popedom, but 
 being dead were pulled out of their graves, 
 and thrown into Tiber. But to omit old Hi- 
 ftorics. The recent memory of Pope *Paul 
 the fourth is frefh in our mind, for his own 
 
 Rome
 
 272 The due Privilege of 
 
 Rome did witnefs a publick hatred againft 
 him by a new kind of decree. For they vent- 
 ed their fury (he being by death taken away) 
 againft his neareft kinsfolk, his flames, and 
 painted images or pidures. Nor Ihould this 
 interpretation feem more fubtil, whereby we 
 feparate the power from the perfon in power, 
 than philofophy doth acknowledge, and the 
 ancient interpreters do approve, nor is the 
 rude multitude and ftrangers to fubtil difputing 
 ignorant thereof; for the meaneft tradefmen 
 take it for no blot upon their trade, if a Smith 
 or Baker be hanged for robbery, but are ra- 
 ther glad that their fociety is purged of fuch 
 villains. But if there be any of another 
 mind, I think it is to be feared, that he fecms 
 to be rather grieved at thofe mcns punifhment 
 with whom he is aflbciate in their villany, 
 than for the infamy of their fociety. I am 
 of the opinion, if Kings would abandon the 
 counfels of wicked men and flatterers, and 
 meafure their own greatnefs rather by duties 
 of virtue, than by the impunity of evil deeds, 
 they would not be grieved for the punilh- 
 ment of Tyrants, nor think that royal Ma- 
 jefty is leflened by whatfocver deftrudion of 
 Tyrants, but rather be glad that it is purged 
 from a moft filthy blot of wickednels ; cipe- 
 cially feeing they ufe to be highly offended 
 with robbers, and that very juflly, if any of 
 them in their malefices pretend the King's 
 name. 
 
 M.
 
 the Scots Government. 273 
 
 M. FORSOOTH, they have j uft caufe ; but 
 laying thefe things a-fide, I would have you 
 go on to the other head you propofcd. 
 
 B. WHAT heads do you mean ? 
 
 M. N A M E L Y in what tirne, and to whom 
 ^Paul wrote thefe things, for I defire to know 
 what the knowledge thereof doth make for 
 the argument in hand. 
 
 E. I mail herein obey you alfo. And firft I 
 mail fpeak of the time : JPaul wrote thefe things 
 in the very infancy of the Church, in which 
 time it was not only neceflary to be blamc- 
 lefs, but none was to give occafion to fuch 
 as fought occafion of reproaching, and unjuft 
 caufes of flaming the profcflbrs of Chriftiani- 
 ty ? next he wrote to men of feveral nations, 
 and fo gathered together into one focicty 
 out of the whole body of the Roman Em- 
 pire, amongft whom there were but few very 
 ' rich, yea almoft none, who either had ruled, 
 or could rule, or were in any great account 
 amongft their fellow-citizens, they were not 
 fo many in number, and thefe almoft but 
 ftrangers, and for the moft part but lately 
 freed of bondage, and the other but tradel- 
 men and fervants. Amongft them there were 
 many who did farther pretend chriftian liber- 
 ty, than the flmplicity of the Gofpel could 
 fuffer. Now this company of people out of the 
 promifcuous multitude, which did won their 
 living, though meanly, by hard labour, was 
 not to be fo careful of the ftate of the Com- 
 T mon-
 
 274- The due Privilege of 
 
 monwcalth, of the Majefty of the Empire, 
 and of the converfation and duty of Kings, 
 as of the publick tranquility, and their do- 
 mcftick affairs, nor could they juftly claim any 
 more, than to lye lurking under the fhadow 
 of whatever Government they were under. 
 If that people had attempted to lay hold up- 
 on any part of Government, they fhould 
 have been accounted, not only foolifh, but 
 mad. Nor fhould they come out of their 
 lurking holes to breed trouble to thole 
 that did hold the helm of publick affairs in 
 hand. Immature liccntioulnefs was alfo to 
 be reprcffed, an unfit interpreter of chriftian 
 liberty. What then doth Paul write ? doubtlefs, 
 new precepts j no, but only thefe ufual pre- 
 cepts, namely, that Sub) efts fhould obey their 
 Rulers, fcrvants their matters, and wives their 
 husbands 5 nor ihotild we think the Lord's 
 yoke, how light foever, doth liberate us of the 
 bonds of our duty, but with a more atten- 
 tive mind than before to be bound thereunto, 
 fo that we fhould omit nothing through all 
 the degrees of duties in our relations, that 
 might any ways make for acquiring the fa- 
 vour and good will of men. And fo it fhould 
 come to pafs, that the name of God fhould 
 be well fpoken of amongft the Gentiles be- 
 caufc of us, and the glory of the Gofpel 
 more largely propagate. For performing of 
 thcfe things, there was need of publick peace, 
 the keepers whereof were Princes and Magi- 
 ftratcs, albeit wicked. May it plcafe you, 
 
 that
 
 tie Scots Government. 75 
 
 that I fet before you a manifcft reprefentatiort 
 hereof? I imagire that one of our Do- 
 dors doth write to the Chriftians, that live 
 under the Turks, to men, I fay, of mean for- 
 tune, fore dejeded in mind, weak and few 
 in number, and expofed to the injuries of all 
 and every one. What elfe, I ask you, would 
 he adviie them ; than what Taul did advife 
 the Church that then was at Rome, or what 
 Jeremy advifed the exiles in dflyria, ? Now 
 this is a moft fure argument that ?Whad a 
 regard to thofe men's condition to whom 
 he did write, and not to all others, becaufe 
 he diligently fets home the mutual duties of 
 husbands towards their wives, of wives to- 
 wards their husbands, of parents towards theit 
 children, and of children towards their pa- 
 rents, of fervants towards their matters, and 
 of maftcrs towards their fervants. And al- 
 beit he writes what the duty of a Magiftrate 
 is> yet he doth not give them any particular 
 compeilation, ( as he had done in the preceed* 
 ing relations. ) For which caufe we {hall judge 
 that he gave no other precepts for Kings, and 
 others in authority; efpecially feeing their 
 luft was to be much more f eftrained, than that 
 of private perfons ? What other caufe may we 
 imagine, than that at that time there were no 
 Kings or Magistrates in the Church to whom 
 he might write > Imagine that *Paul doth now 
 live in our days, wherein not only the peo- 
 ple, but Princes alfoprofefsChi'iftianity, At 
 T 2 the
 
 276 The due ^Privilege of 
 
 the fame time, let there be fomc Prince, 
 who doth conceive, that not only fhould hu- 
 man laws, but alfo divine laws be iubjed to 
 his luft and plcafure, and who will have not 
 only his decrees, but alib his very nods to be 
 accounted for laws, like that map in the 
 Gofpel, who neither did fear God, nor re- 
 verence man, who diftributcs the Church re- 
 venues amongft villains and rafcals, if I may 
 fo fay ; and doth mock the fincere worfhip- 
 ers of God, and accounts them but fools and 
 madmen, or fanaticks ; what would ^Paul 
 write of fuch to the Church ? If he were 
 like himfelf, he would certainly deny that he 
 mould be accounted a Magiftrate. He would 
 interdict all Chriftians to have any communi- 
 on with him, either in diet, fpeech, or con- 
 verfe, and leave him to the people to be pu- 
 nifhed by the laws, and would think they 
 did nothing but their duty, if they fhould ac- 
 count him not to be their King, with whom 
 they were; to have no fellowfhip by the law 
 of God. But there will not be wanting fome 
 court flaves, or fycophants, who finding no 
 honeft refuge, become fo impudent, as to 
 fay, that God being angry againft a people 
 doth fet Tyrants over them ; whom, as hang- 
 men, he appoints for punifhing them. Which 
 to be true I do confefs ; yet it is true, that 
 Go4 many times doth ftir up from amongft 
 the loweft of the people fome very mean 
 and obfcurc men to revenge tyrannical pride 
 
 and
 
 tie Scots Government. 277 
 
 and weaknefs; for God (as before is faid) 
 doth command wicked men to be cut off 5 
 and doth except neither degree, fex, or con- 
 dition, nor yet any man. For Kings are 
 not niore acceptable to him than beggars. 
 Therefore we may truly aver, that God be- 
 ing alike the father of all, to whofe provi- 
 dence nothing lies hid, and whofe power no- 
 thing can rcfift, will not leave any wicked- 
 nefs unpunifhed. Moreover,another will ftand 
 up and ask fome example out of Scripture of 
 a King punifhed by his Subjects ; which albeit 
 I could not produce, yet it will not prefcnt- 
 ly follow, that becaufe we do not read fuch 
 a thing therein to have been done, that it 
 mould be accounted for an high crime and 
 malefice. I may rehearfe amongft many Na- 
 tions very many and found Jaws, whereof in 
 holy writ there is no example. For as the 
 confent of all Nations doth approve, that 
 what the law doth command, is account- 
 ed juft, and what it forbiddcth, is unjuft, fo 
 fince the memory of man it was never for- 
 bidden, that what mould not be contained in 
 laws, mould not at all be done. For that 
 fcrvitude was never received, nor will the 
 nature of tilings fo fruitful of new examples 
 fuffer the fame to be received, that whatever 
 is not by fome law commanded, or record- 
 ed by ibme famous example, mould be 
 accounted for a great crime and maliiicc. If 
 therefore any man (hall ask of me an exam- 
 T 3 pic
 
 278 The due Privilege of 
 
 pie out of the facred Scriptures, wherein the 
 punifhment of wicked Kings is approven, I 
 fhall again ask him, where is the fame re- 
 prehended? But if nothing done without 
 fome example doth pleafe 5 how many civil 
 fhtutes fhall we have continued with us? 
 how many Laws ? for the greateft part there- 
 of is not taken out of any old example, but 
 eftabliihed againft new deceits, and that with- 
 out example. But we have already anfwer- 
 ed thole that require examples more than was , 
 needful; now if the Jewijh Kings were not 
 punifhed by their Subjects, they make not 
 much for our purpofe in hand. For they were 
 not at firft created by the people, but were 
 by God given them. And therefore very juft- 
 ly, he who was the author of that honour, 
 was to punifli their mifdeeds. But we de- 
 bate, that the people, from whom our Kings 
 enjoy what ever privilege they claim, is more 
 powerful than their Kings; and that the 
 whole people have that fame privilege over 
 them, which they have over every one in 
 particular of the whole people. All the 
 rights and privileges of foreign Nations, who 
 live under lawful Kings do make for us; all 
 the Nc.tions which are iiibjeft to Kings choien 
 by themfelves, do commonly agree herein, 
 that whatever privilege the people hatfc given 
 to any, the fame they may require again very 
 juftly. All Commonwealths have ftiii retain- 
 ed this privilege. Therefore Lentulus, hav- 
 ing
 
 the Scots Government. 279 
 
 ing confpired with Catiline for overturning 
 the Commonwealth of Rome, was compelled 
 to. renounce his pretorftiip, and the 'Decem- 
 viri, the makers of the Rvman laws, were 
 taken order with, even whilft they enjoyed 
 the fupream authority , fome Dukes of Ve- 
 nice, and Chilpericus King of France, laying 
 afide their royal honours, as private men 
 fpent their days in Monafteries. And not 
 long ago, Chrifiierms King of the 'Danes, 
 twenty years almoft after he was deprived of 
 his Kingdom did end his.lifc^n prifon. Now 
 the didatorfhip ( which was a kind of Ty- 
 ranny ) was in the people's power. And this 
 privilege hath been conftantly obfcrved, that 
 publick benefices granted amifs, and the li- 
 berty granted to ingrate perfons fet at liberty 
 ( whom laws do very much favour ) might 
 be taken back again. Thefe things we have 
 fpoken of foreign Nations, left we alone feem 
 to have ufurped any new privilege againit our 
 Kings. But as to what doth properly belong 
 to us, the matter might have been handled 
 in few words. 
 
 M. WHAT way ? for this I am very defi- 
 rous to hear. 
 
 B. I might enumerate twelve or more 
 Kings, who for great crimes rnd flagitious 
 deeds have been either adjudged to perpetual 
 imprifonment, or cfcapcd the juft pumfhment 
 of their wickedneis, either by exile or volun- 
 tary death. But left any blame me for re- 
 T 4 lating
 
 280 The due 'Privilege of 
 
 Bating old and obfolete ftories, if 1 fhould 
 make mention of Culen, Even, .and Fer- 
 chard, I mall produce fomc few within the 
 memory of our fore-fathers. All the Eftates 
 in a publick convention judged James the 
 third to have been juftly killed, for his great 
 cruelty and flagitious wickednefs towards his 
 fubje&s, and did caution that none of them 
 who had aided, confented, or contributed 
 nioney, or had been adive therein, to be cal- 
 led thereafter info queftion therefore. That 
 they therefore did judge the deed to be duly 
 and orderly done, it being once down, doubt- 
 lefs they defired it might be fet down for an 
 example in time coming, furely no lefs, than 
 L. <j$uint'ms fitting in Judgment did com- 
 mend Servilius Ahakis for having killed be- 
 fore the bench Sp. Mellus turning his back 
 and refilling to compcar into judgment, and 
 that he was not guilty of bloodfhed , but 
 thought him to be nobilitat by the {laugh- 
 ter" of a Tyrant, and all pofterity did affirm 
 the fame. What fubjcd hath ever approved 
 the (laughter of one affeding tyranny > 
 What do you fuppofe would he have done 
 with a Tyrant robbing the goods of his Sub- 
 jcfts and fhedding their blood ? What hath 
 our men done ? Do not they fecm to have 
 made a law, who by a publick decree with- 
 out any punilhment, have paft by a flagitious 
 crime committed, if fuch like mall happen 
 vn time coming? for at rnoft ther.e is no 
 
 'diffe-
 
 the Scots Government. 281 
 
 difference whether you judge concerning that 
 which is done, or make a law concerning 
 what is to be done. For both ways a judg- 
 ment is paft concerning the kind of the crime, 
 and concerning the punifhment or reward of 
 the aftor. 
 
 M. THESE things will perhaps have fome 
 weight amongft us. But I know not how 
 other nations abroad will take them. You 
 fee I muft fatisfie them. Not as in a ju- 
 dicial way I were to be called in que- 
 ftion for the crime, but openly amongft 
 all concerning the fame, not mine (for I 
 am far from any fufpicion thereof) but of 
 my countrymen. For I am afraid, left fo- 
 reign Nations rather blame the decrees, where- 
 with you fuppofe you are fufficiently protect- 
 ed, than the crime it felf full of cruelty and 
 hatred. But you know, if I miftake not, 
 what is ufually fpokcn according to the dif- 
 poiition and opinion of every one on both 
 hands, concerning the examples you have 
 propofcd. I would therefore ( bccaule you 
 feem to have expeded what is paft, not fo 
 much from the decrees of men, as from the 
 fprings of nature) you would briefly expound if 
 you have ought to fay for the equity of that law. 
 
 B. ALBEIT that may fcem unjuft to 
 (land at the bar to plead amongft foreigners 
 for a law approved from the very firft times 
 of out Scots Government of Kings, by the 
 onftant practice of fo many ages ago, ne- 
 
 ceflary
 
 282 The due 'Privilege of 
 
 ceflfary for the people, not unjuft for Kings, 
 but lawful, but now at laft accuied of illega- 
 lity 5 yet for your fake I {hall try it. And as 
 if I were debating with thofe very men who 
 would trouble you, I firft ask this. What do 
 you think here worthy of rcprehcnfion ? Is 
 it the caufe ? Why is it fought for ? Or is it 
 the law itfclf which you reprehended ? for 
 the law was fought for rcpreffing the unjuft 
 lufts of Kings. Whoever doth condemn 
 this, muft likewife condemn all the laws of 
 all Nations, for all laws were dcfired for 
 the very fame caufc. Do you reprehend the 
 law itfelf ? Do you think it lawful that Kings 
 be exempted of, or not liable to the laws > 
 Let us then fee if that be alfo expedient. And 
 for proving that it is not expedient for the 
 people, there needs not many words. For 
 if in the former difcourfc we have rightly 
 compared a King to a 'Phyjician, as it is not 
 expedient for people that impunity be per- 
 mitted to a 'Phyfaian for killing whom he 
 pleafeth, fo it is not for the good of all, 
 that a promifcuous licence be granted to Kings 
 for making havock of all. We have no 
 caufc then to be offended with a people, 
 whofe chief power it is in making laws ; if 
 as they defire a good King to be fet over them, 
 even fo a Law to be fet over a King none of 
 the beft. But if this law be not for the 
 King's ufe, or profit, let us fee if the people 
 fhould b0 dealt with to remit fomcwhat of 
 
 their
 
 the Scots Government. 283 
 
 their privilege, and of abrogating it, not for 
 the fpace of three days, but, according to 
 our ufual way,, we indift a parliament to 
 meet within forty days. In the mean time, 
 that we may realbn together concern ing the 
 law, tell me, Doth he feem to reiped the 
 good of a madman, who loofeth his bonds ^ 
 
 M. NOT at all. 
 
 B. W H A T do you think of him who 
 giveth to a man fick of a feaver, fo as he is 
 not far from madnels, a drink of cold water, 
 though carneftly craving it, do you think he 
 defcrveth well of that lick man ? 
 
 M. BUT I fpeak of Kings of a (bund 
 mind. I deny that there is any need of me- 
 dicine for fuch as are in health, nor of laws 
 for Kings of a found mind. But you would 
 have all Kings to feem wicked, for you im- 
 pofe laws upon all. 
 
 B. I do not think that all Kings are wic- 
 ked. Nor do I think all the people to be 
 wicked, and yet the law in one voice doth 
 fpeak to the whole people, Now wicked 
 men are afraid at that voice ; good people 
 do not think it belongs to them. Thus good 
 Kings have no caufe to be offended at this 
 law 5 and wicked Kings, if they were wife, 
 would render thanks to the Lawgiver, who 
 hath ordained what he underftood would not 
 be profitable for them, nor to be lawful foe 
 them to do : Which indeed they will not do, 
 if fo be they (hall once return again to their 
 
 right
 
 284. The due Privilege of 
 
 right mind. Even as they who are reftorcd 
 to health do render thanks to their Phy/ician, 
 whom before they had .hated, becaufe he 
 would not grant their defires whilft they were 
 fick. But if Kings continue in their mad- 
 nefs, whoever doth moft obey them, is to 
 be judged their greateft enemy. Of this 
 fort are flatterers, who by flatterering their 
 vices, do cherifh and increafc" their difeafe, 
 and at laft together almoft with Kings are 
 utterly ruined. 
 
 M. I cannot indeed deny, but that fuch 
 Princes have been and may be rcftrained by 
 law-bonds : For there is no monfter more 
 violent and more peftifero.us than man, when 
 (as it is in the Poets fables) he is once dege- 
 nerate into a beaft. 
 
 B. Y o u would much more fay fo, if you 
 confidcr how many ways a man becomes a 
 beaft, and of how many fevcrai monfters he 
 is made. Which thing the old Poets did 
 acutely obfcrve and notably cxprefs, when 
 they fay that Trometheus in the framing of 
 man did give him fbme particle out of every 
 living creature. It would be an infinite work 
 for me to relate the natures of all one by 
 one. But certainly two moft vile monfters 
 do evidently appear in man, wrath and luft. 
 But what clfc do laws ad or dcftre, but that 
 thcfc monfters be obedient to right rcafon ? 
 And whilft they do not obey reafon, may not 
 laws by the bonds of their fandions reftrain 
 
 them >
 
 the Scots Government. 285 
 
 them ? Whoever then doth loofe a King, or 
 any other from thefe bonds, doth not loofe 
 one man; but throws in againft reafon two 
 monfters exceeding cruel, and armeth them 
 for breaking afunder the bars of laws : So 
 that Ariflotle feemeth to have rightly and 
 truly faid, That he who obeyeth the law, 
 doth obey both God and the law ; but he that 
 obeyeth the King, doth obey both a man and 
 a beaJL 
 
 M. ALBEIT thefe things feem to be faid 
 appofitely enough, yet I think we are in a 
 miftake two ways. Firft, becaufe the laft 
 things we have fpokcn feem not to agree 
 well enough with the firft. Next, becaufe, 
 as we may well know, we feem not to have 
 yet come to the main point of our debate. 
 For a little before we were at agreement, 
 that the voice of the King and law ought 
 to be the fame 5 here again we make him 
 fubieft to the laws. Now though we grant 
 this to be very true, what have we gained by 
 thus conclusion ? For who fhall call to an ac- 
 count a King become a Tyrant ? For I fear 
 a privilege without ftrength will not be 
 powerful enough to renrain a King forgetful 
 of his duty, and unwilling to be drawn un- 
 to judgment, to anfwer for male-adminiftra- 
 tion. 
 
 B. I fear ye have not well pondered what 
 we have before debated concerning the royal 
 power: For if ye had well conftdered it, 
 
 you
 
 2 86 The due ^Privilege of 
 
 you had eafily underftood what you now 
 have faid, that betwixt them there is no 
 contradiction. But that you may the more 
 eafily take it up, firft anfwer me, when a 
 Magistrate or Clerk doth utter the words of a 
 proclamataion before an Herauld, is not the 
 voice of both one and the fame ? I fay of ail 
 Herauld and of a Clerk ? 
 
 M. I T is the fame indeed. 
 
 B. W H i c H of the two feem greateft > 
 
 M. H E who nrft doth utter the words. 
 
 B. WHAT is the King who is the au- 
 thor of the edid. 
 
 M. GREATER than both. 
 
 B. THEN according to this fimilitudc let 
 us fet down the King, die law, and the peo- 
 ple. The voice is the fame both of King 
 and law. Which of the two hath the au- 
 thority from the other ? The King from the 
 law, or the law from the King ? 
 
 M. THE King from the law? 
 
 B. FROM whence colled you that? 
 
 M. BECAUSE the King was not fought 
 for to rcftrain the law, but the law to re- 
 ftrain the King. And from the law he hath 
 that, whereby he is a King; for without 
 the law, he would be a Tyrant. 
 
 B. T H E law then is more powerful than 
 the King j and is as a Governefs and Mode- 
 ratrix both of his luft and adions, 
 
 M. THAT is already granted. 
 
 B, WHA* >
 
 the Scots Government. 2,87 
 
 B. WHAT? is not the voice of the peo- 
 ple and the law the fame ? 
 
 M. THE very fame. 
 
 B. WHICH of the two is moft power- 
 ful, the people or the law? 
 
 M. I think the whole people. 
 
 B. WHY do you think fo ? 
 
 M. BECAUSE the people is as it were 
 the parent of the law, certainly the author 
 thereof, they being able to make or abrogate 
 it as they pleafe. 
 
 B. SEEING then the law is more pow- 
 erful than the King, and the people more 
 powerful than the law, we muft lee before 
 which we may call. the King to anfwer in 
 judgment. Let us alfb difcufs this. Are 
 not the things which for fome others fake 
 are inftitute, of lefs account than thofe for 
 whofe fake they are required or fought ? 
 
 M. I would have that more clearly ex- 
 plained. 
 
 B. FOLLOW me thus: Is not a bridle 
 made for the horfe's fake? 
 
 M. I T is fo. 
 
 B. A R E not faddlcs, girdings and fpurs, 
 made for horfes! 
 
 M. THEY are. 
 
 B. Now if there were no horfe, there 
 fhould be no ufe of fuch things. 
 
 M. NONE at all. 
 
 B. A horfe is then better than all thefe. 
 
 M. WHY not? 
 
 B. WHY
 
 2 8 8 The due Privilege of 
 
 E. W H y ? a horfe 5 for what ufe is he 
 defired ? 
 
 M. F o R very many ufcs, and firft of all 
 for obtaining viftory in war. 
 
 B. WE therefore do eftecm the victory 
 to be of more worth than horfcs, arms, 
 and other things, which are prepared for 
 the ufe of war. 
 
 M. OF more worth indeed it is. 
 
 B. WHAT did men efpecially regard in 
 creating a King? 
 
 M. THE peoples good, as I fuppofe. 
 
 B. BUT would there be no need of 
 Kings, if there were no focieties of men ? 
 
 M. NONE at all. 
 
 B. THE people then is better than the 
 King. 
 
 M. I T muft needs be fo. 
 
 B. I F the people be better, they are alfo 
 greater. When a King then is called to 
 judgment before a people, the lefler is called 
 into judgment before the greater. 
 
 M. BUT when (hall we hope for that 
 happinefs, that the whole people agree unto 
 that which is right. 
 
 B. THAT indeed is fcarce to be hoped 
 for. And to exped it, is certainly needlefs : 
 otherwife a law could neither be made, nor 
 a Magiftrate created. For neither is almoft 
 any law alike to all, nor is there almoft any 
 man in that popular favour, fo as to have 
 no man either an enemy to him, or envi- 
 ous
 
 the Scots Government. 289 
 
 ous or ilanderer of him ; this now is de- 
 ftrcd, that the law be ufeful for the greateft 
 part, and that the greateft part have a good 
 opinion of him that is to be chofen. What 
 if the greateft part of the people may enjoyn 
 a law to be made, and create a M agitate, 
 what doth hinder, but that they alib may 
 judge him, and appoint Judges over him > 
 Or if the Tribunes of the people of Rome > 
 and the Lacedemonian Efhori were fought to 
 modify the power of Magiftracy, fhould it 
 fecm unjuft to any man, if a free people, 
 either upon the like or different account, 
 did forclec their own good in fupprcffing 
 the bitterncfs of Tyranny ? 
 
 M. Now I feem almoft to perceive what 
 a people can do : But it is a matter of dif- 
 ficulty to judge what they will do, or ap- 
 point to be done. For the greatcft part al- 
 moft doth require old and ufual cuftoms, 
 and hateth novelty, which the rather is to 
 be admired, feeing there is fo great an in- 
 conftancy in meat, apparel, buildings, and 
 in all houfhold 'furniture. 
 
 B. Do not think that tHefe things are 
 
 fpoken by me, that I would have any new 
 
 thing in this kind to be done, but that I 
 
 might lhew you it hath been of old, that a 
 
 King fhould anfwer in judgment before 
 
 judges, which you did believe to be almoft 
 
 ncrcdible, or at leaft a novelty. For to pals 
 
 over, how, often it hath been done by our 
 
 U Ancestors,
 
 290 The due Privilege of 
 
 Anceftors, as partly before we have faid, 
 and you may alfo eafily colled from Hifto- 
 ry 5 did you never hear of thofc who con- 
 tended for the Kingdom to have appealed 
 to Arbiters? 
 
 M. I have indeed heard it to have been 
 fomctimes done amongft the ^Perjians. 
 
 B. A N D our writers affirm, that the fame 
 was done by Griwas and Milcolumbus : But 
 left you allcdgc that that kind of Arbiters 
 were wont to be aflfumcd by the contenders 
 own content, let us come to the ordinary 
 Judges. 
 
 M. HERE! am afraid you may as far 
 prevail, as if a man fhould fprcad nets in 
 the fea to catch whales. 
 
 B. WHY fo, I pray you? 
 
 M. BECAUSE all apprehending, reftraint 
 and pimifhment, is carried, on by the more 
 powerful againft the weaker. But before 
 what judges will you command a King to 
 compcar ? Before them over whom he hath 
 the iuprcam power to judge ? Whom he can 
 compcfcc by 'this one word, I forbid. 
 
 B. WHAT if fomc greater power be 
 found . which hath that right, privilege, or 
 jurifciicHon over Kings, which Kings have 
 over others? 
 
 M. I delirc to hear that. 
 
 B. W E told you, if you remember, that 
 this power is in the people. 
 
 M. IN
 
 the Scots Government. 29 1 
 
 M. IN the whole people indeed, or in 
 the greateft part thereof. I alib yield thus 
 further, that it is in thofe to whom the peo- 
 ple, or the greateft part of them fhall tranfmit 
 that power. 
 
 B. You do well, in holding in my pains. 
 
 M. B u T you know that the greateft part 
 of the people is corrupted, either through 
 fear or reward, or through fomc hope of a 
 bribe and impunity, fo as they prefer their 
 own benefit and pkafurcs or lufts to the 
 publick utility, and alfo fafety. Now there 
 are very few who arc not hereby moved, 
 according to that of the Poet. Good peo- 
 ple are indeed rare, fcarce fo many in num- 
 ber as there be gates in Thebes ', or ifiiies of 
 the River Nilus. Now all the reft being a 
 naughty rabble, fatned with blood and ra- 
 pine, enjoy their venial liberty, and envy 
 the liberty of others. Now that I may pals 
 from thofe with whom the name of wicked 
 Kings alfo is facrcd. I alfo omit thofe, who, 
 albeit they are not ignorant what is lawful, 
 and juft or right, yet prefer a quiet {lothful- 
 nefs to honeft hazards, and hcfitating in their 
 minds do frame their confutations on the 
 expectation of the event - 3 or follow the good 
 fortune of cither party, but not the caufc. 
 How great this multitude will -be, you fee. 
 
 B. GREAT indeed ; but yet not very 
 
 great ; For the wrorjg of Tyrants may reach 
 
 many, but their good deeds very few. For 
 
 U 2 the
 
 292 The due Privilege of 
 
 the avarice of the vulgar is infatiable, as a 
 fire is the more vehemently kindled by ad- 
 ding fewel thereto : But what is by force ta- 
 ken away from many, doth rather increafe 
 the hunger of fomc few, than fatiate their 
 luft. And further, the fidelity of fuch men 
 for the moft part is unftable. As faith the 
 Poet, Fidelity doth ft and and fall with for- 
 tune. But if they would alfo continue firm 
 in their judgment, they fhouid not be ac- 
 counted in the number of good fubjeds, for 
 they are the violators, or rather betrayers of 
 humane fociety : Which vice, if not fuffe- 
 rable in a King, is far lefs tolerable in a pri- 
 vate perfon. Who then are to be accounted 
 the right fubjeds ? They who give obedience 
 to the laws, maintain and defend humane 
 fociety, who rather undergo all pains and 
 labours, and all hazards for common fafety, 
 than fpend their time fluggifhly in idlenefs, 
 void of all honefly ? Who fet before their 
 eyes, not their prefent enjoyments, but the 
 remembrance of eternity. But if there be 
 any whom fear and felf-intereft recall from 
 hazards, yet the fplendour of fome notable 
 achievement, and the beauty of vcrtuc will 
 raife up dejeded minds : And thofe who 
 dare not be authors or leaders, will not de- 
 cline to become aflbciates. If therefore fub- 
 jeds be reckoned, not by number, but by 
 dignity and worth, not* only the better part, 
 but alfo the greater part will ftand for their 
 
 liberty,
 
 the Scots Government. 293 
 
 liberty, honefty and fafety. But if the whole 
 common people diiTent, this fays nothing to 
 our prefent debate 5 for we demand not 
 what is to be done, but what may lawfully 
 be done. But now let us come to the or- 
 dinary judicial fentences. 
 M. THAT I juft now look for. 
 B. IF any private man contend that his 
 inheritance, or fome part of his land is un- 
 juftly detained by the King,what do you think 
 mould this private man do ? mall he pafs from 
 his land, becaufe he cannot fet a judge over 
 the King? 
 
 M. NOT at all, but he may command 
 not the King, but his proxy to compear in 
 judgment. 
 
 B. Now 'fee what ftrength that refuge 
 hath whereof you make ufe. For it is all one 
 to me, whether the King compear, or his 
 proxy, or advocate, for both ways, the litis- 
 conteftation will redound to the King's lofs j 
 the damage or gain will redound to him, not 
 to his advocate, by the event of the fentence. 
 In end he is found guilty, that is, he whofe 
 caufe is agitate. Now I would have you con- 
 fider not only how abfurd it is, but alfo un- 
 juft to pafs fentence againft a King for a pet- 
 ty inheritance for lights in a houfe, or for eafe 
 droppings thereof, and no fentence to be pad 
 for parricide, wicthcraft, or treafon. To 
 make ufe of the feverity of the Law in lef- 
 fcr matters, and the greater! licence and im- 
 U 3 punity
 
 294 ^ e ^ ue Privilege of 
 
 punity to be permitted in the greateft crimes. 
 So that that old proverb feems plainly true, 
 Laws are very like fpiders webs, which hold 
 - flies faft, but let bigger beads pafs thro', 
 nor is that complaint and indignation of 
 fome juft, who fay that it is neither honeft 
 npr equitable, that judgment ihould pals a- 
 gainft a King, by a man of an inferiour rank, 
 feeing they fee it received and admitted in 
 debate about money or land ; and the great- 
 eft Peers next to the King for the moft part 
 compear before the Judges, who arc inferi- 
 our to them in riches, nobility, and valour. 
 And not much above the vulgar rank i and 
 far more below the guilty, than the greateft 
 Peers arc below Kings. Nor yet for all this 
 do theie noble men, or Peers think it any de- 
 rogation, to their dignity. Now if we fhall 
 once admit this, that no man can be filled be- 
 fore a Judge, unlefs the judge be every way 
 fuperiour^tothe pcrfon arreigncd, the inferi- 
 our rank muft attend and wait on until the 
 King cither pleafe, or be at leifurc, to cog- 
 nofce' concerning the guilty Noble man ; but 
 what if their complaint be not only unjuft, 
 but alfo falfe ? For no man coming before a 
 
 7 
 
 Judge "doth come before an inferiour perfon, 
 cfpecially feeing fo great an honour is by 
 God himlelf conferred upon the order of 
 Judges, that he calleth them not only Kings, 
 but alfo Gods, and as much as can be, doth 
 communicate to them his own dignity. There- 
 fore
 
 the Scots Government. 295 
 
 fore thofe Riman Popes, who did gracioufly 
 indulge Kings to kiis their feet, who did fend 
 for honours fake to fuch as came to meet 
 them, their mules, who did tread upon the 
 necks of Emperours, being called to anfwcr 
 in Judgment, did obey, and being compelled 
 by Judges renounced their Popedom. John 
 the twenty fccond being from flight brought 
 back, was thruft into prifon, and fcarce at laft 
 relieved by money, and fubmitted to him that 
 was put into his place, and therefore he did 
 approve the fcntence of the fudges. What did 
 the Synod of Bajile ? did it not appoint and 
 ordain by the common con lent of all the 
 members thereof, that the Pope is fubj cd to 
 the council of Priefls. Now thefc Fathers 
 were pcrfwaded upon what account they did 
 fo, which you may find out of the Ads of 
 thcfc councils. Kings then who confefs the 
 Majefty of Popes to be fo far above them, as 
 that it doth over-fhadow them all with the top 
 of its celfitude, I know not how they think 
 therein their dignity to be diminifhcd, 
 wherein the Pope did not think he was 
 difparagcd to dcfcend from fo high a throne, 
 namely to fraud to the judgment and fen- 
 tcncc of the Cardinals ; hereby you may 
 fee how falfc .their complaint is, who difdain 
 to be arraigincd at the bar of an inferionr 
 Judge, for it is not Tttius, Sempronhis, or 
 Stichus that doth in a judiciary way con- 
 demn ami aflbil, but the law, to \vhich K<ncs 
 U 4 fliouij
 
 296 The due Privilege of 
 
 fhould yeild obedience. The moil famous 
 Emperours Theodofms and Valeniianus ac- 
 counted honourable. I fhall here fet down 
 their own words, bccaufe they dcferve the - 
 memory of all ages. It is ( fay they) a word 
 well bcfeeming the Majefly of a King to 
 confefs he is a Prince tied to the Laws. And 
 we declare that it is more to fubmit a principa- 
 lity to the laws, than to enjoy an Empire. And 
 what we now declare by this oui: cdift, we 
 will not iuffcr to be infringed. Thcfe things 
 the very bed Princes judged right, and by 
 law cdablifhcd, and foriie of the worft fee 
 the fame, For Nero being apparelled in the 
 drefs of harpers, is faid to have not only ob- 
 fcrved their carriage and motions, but alfo 
 when it came to be judged who had done 
 belt, that he flood felicitous betwixt hope and 
 fear for the victory. For albeit, he knew he 
 would be declared vidor, yet he thought the 
 viclory would be the more honed, if he 
 fhould obtain it, not by the flattery of the 
 judges, but by due debate ; and he thought 
 the obfcrvation of the law did contribute 
 not for the -diminution of his authority, but 
 for the fplendor of the victory. 
 
 M. YOUR difcourfc, I perceive, is not 
 not fo infolent, as at firft I took it, when 
 you faid , you would have Kings obedi- 
 ent to the laws ; for it is not fo much 
 founded upon the authority of Philofophers, 
 as cf Kings, Emperouisand Councils of the 
 Church. M. BUT
 
 the Scots Government. 297 
 
 M. BUT I do not well underftand that 
 you fay, it is not man but the law that judg- 
 eth. 
 
 B. CALL to mind what was faid a little 
 before : did we not fay, that the voice of the 
 King, and of the law, is the fame ? 
 
 M.WE did fo. 
 
 B. WHAT the voice of the Clerk, and 
 Herauld is, when the law is publifhed ? 
 
 M. THE very fame. 
 
 B. BUT which of the two hath the au- 
 thority from the other, whether the judge 
 from the law, or the law from the judge > 
 
 M. THE judge from the law. 
 
 B. T H E ftrcngth of the fentence is then 
 from the law, and the pronunciation of the 
 words of the law is alone the judges. 
 
 -M IT feems fo. 
 
 B. YEA, there is nothing more certain, 
 for the fentences of judges pronounced ac- 
 cording to the law are ratified, elfe they are 
 refcinded. 
 
 M. THERE is nothing more true than 
 that. 
 
 B. You fee then that the judges autho- 
 rity is from the law, and not the laws au- 
 thority from the judge. 
 
 M. I fee it is fo. 
 
 B. T H E low and mean condition of him 
 that prodaimeth the law doth not diminifri 
 the dignity thereof, but the dignity of the 
 
 laws
 
 29 8 The due Privilege of 
 
 laws is ftill the fame, whether the King, a 
 Judge, or an Herauld proclaim it. 
 
 M. I T is fo indeed. 
 
 B. THE law then being once eftablifhed, 
 is firft the voice of the King, and then of 
 others. 
 
 M. IT is fo. 
 
 B. WHILST then the King is condem- 
 ned by a judge, he fccms to be condemned 
 by the Jaw. 
 
 M. THAT is very clear. 
 
 B. IF by the law, then he is condemned 
 by his own voice, as feems, no lefs than if it 
 were written with his own hand. 
 
 B. WHY then do we fo much weary our 
 icivcs concerning a judge, feeing we have the 
 King's own confcflidn, that is to fay, ' the 
 law ? Let us alfo'confidcr this, which is but 
 prcfcntly come into my mind. When a. 
 Kim; in what caufc foever doth fit in judg- 
 ment as a judge, fhould he not lay afide the 
 pcrfoh of all others, and to have no rcfpeft 
 to brother, kiufmaii, friend or foe, but re- 
 tain only the pcrfon of a judge ? 
 
 M. -H E ought fo to do. 
 
 B. OUGHT he not to remember that 
 pcrfon only, whofe proper act it is he is a- 
 bout ? 
 
 M. I would have you tell me that more 
 clearly. 
 
 B, TAKS
 
 tie Scots Government. 299 
 
 E. TAKE heed then ; when any man 
 doth fecrctly take away another man's goods, 
 what do we fay he hath done ? 
 
 M. I think, he hath ftoln them. 
 
 B. How do you call him for this deed > 
 
 M. A Thief. 
 
 B. How do you fay he hath done ? Who 
 makes ufe of his neighbours Wife, as his 
 own. 
 
 M. WE fay he hath committed adultery. 
 
 B. H o w Ihall we call him ? 
 
 M. A N adulterer. 
 
 B. H o w do we call him that judgeth > 
 
 M. A judge. 
 
 B. To others alfo after this manner from 
 the adions they are about, names may be 
 rightly given. 
 
 M. THEY may. 
 
 B. WHEN a King then is to pafs a fcn- 
 tence, he is to lay afide all other perfons. 
 
 M. INDEED he fhould, efpecially thofc 
 that may prejudge either of the parties in 
 judging. 
 
 B. How do you call him againft whom 
 the fentence is paft, from that ad of judg- 
 ment. 
 
 M. W E may call him guilty. 
 
 B. A N D it is not equitable that a judge 
 lay afide fucli perfons as may prejudge the 
 fentence ? 
 
 M. CERTAINLY he fhould, if fo be 
 fuch perfons be more regarded than the 
 
 . caufc ;
 
 300 The due Privilege of 
 
 caufe; yet fuch perfons pertain not to a judge- 
 Seeing God will have no refpecl to be had to 
 the poor in judgment. 
 
 B. I F then any man, who is a painter, or 
 a Grammarian, debate before a judge concern- 
 ing the art of painting againft a painter, he is 
 not a Grammarian, for the icience of Gram- 
 mar fhould not herein avail him. 
 
 M* NOTHING at all. 
 
 B. NOR the art of painting avail the other, 
 if the debate be concerning Grammar; 
 
 M. NOT a white more. 
 
 B. A judge then in judgment muft acknow- 
 ledge but one name, to wit, of the crime, 
 or guilt, whereof the advcrfary or plaintiff 
 doth accufe his party or defendant to be 
 guilty. 
 
 M. No more. 
 
 B. WHAT if a Ring be guilty of parri- 
 cide, hath he the name of a King, and what- 
 ever doth belong to a judge ? 
 
 M. NOTHING at all, but only of a par- 
 ricide, for he comcth not into controverfie 
 concerning his Kingdom, but concerning his 
 parricide. 
 
 B. WHAT if two parricides be called to 
 anfwer in judgment, the one a King, and the 
 other a poor fellow, fhall not there be a like 
 way of procedure by the judge of both ? 
 
 M. THE very fame with both, fo that I 
 think that of Lucan is no lefs true than ele- 
 gantly fpoken. Viz. Ctffar was both my 
 
 leader
 
 the Scots Government. 301 
 
 leader and fellow in pafling over the Rhine* 
 Whom a malcficc doth make guilty, it mak- 
 eth alike. 
 
 B. TRUE indeed. Theprocefsthenisnot 
 here carried on againft a King and a poor 
 man, but againft their parricides ; for then the 
 procefs fhould be led on concerning the King, 
 if it fhould be asked which of the two ought 
 to be King : Or if it come into queftion, 
 whether Hiero be King or a Tyrant, or if 
 any other thing come into queftion, which 
 doth properly belong to the King's function. 
 Even as if the fentence be concerning a pain- 
 ter, when it is demanded, hath he skill in the 
 art of painting ? 
 
 M. WHAT if a King will not willingly 
 compear, nor by force can be compelled to 
 compear. 
 
 B. THEN the cafe is common with him 
 as with all other flagitious perfons. For no 
 Thief or warlock will willingly compear be- 
 fore a judge to be judged. But I fuppofe, 
 you know, what the law doth permit, name- 
 ly to kill any way a thief ftealing by night, 
 and alfo to kill him if he defend himfelf 
 when ftealing by day. But if he cannot be 
 drawn to compear to anfwer but by force, you 
 remember what is ufually done. For we per- 
 fue by force and arms, fuch robbers as arc 
 more powerful than that by law they can be 
 reached. Nor is there almoft any other caufc 
 of all the warres betwixt Nations, People, and 
 
 Kings,
 
 2O2 The due Privilege of 
 
 Kings, than thofe injuries which, whilft they 
 cannot be determined by juftice, are by arms 
 decided. 
 
 M. AGAINST enemies indeed for thefe 
 caufes warres ufe to be carried on, but the 
 cafe is far otherwife with Kings, to whom by 
 a moft facred oath interpofed we are bound 
 to give obedience. 
 
 B. W E are indeed bound 5 but they do 
 firft promife that they fhall rule in equity and 
 juftice. 
 
 M. IT is fo. 
 
 B. THERE is then a mutual padion 
 betwixt the King and his Subjects. 
 
 M. IT feems fo. 
 
 B. DOTH not he who firft recedes from 
 what is covenanted, and doth contrary to 
 what he hath covenanted to do, break the 
 'contrad and covenant? 
 
 M. HE doth. 
 
 B. T H E bond then being loofed, which 
 did hold faft the King with the people, what 
 ever privilege or right did belong to him, by 
 that agreement and covenant, who loofeth 
 the fame, I fuppofe is loft. 
 
 M I T is loft. 
 
 B. H E then with whom the covenant 
 was made bccometh as free as ever he was 
 before the ftipulation. 
 
 M. H E doth clearly enjoy the fame pri- 
 vilege, and the fame liberty. 
 
 B. Now
 
 the Scots Government. 303 
 
 E. Now if a King do thofe things which 
 are directly for the ditfblution of fociety, for 
 the continuance whereof he was created, how 
 do we call him ? 
 
 M. A Tyrant, I fuppofe. 
 
 B. Now a Tyrant hath not only no juft 
 authority over a people, but is alfo their 
 enemy. 
 
 M. H E is indeed an enemy. 
 
 B. I s there not a juft and lawful war with 
 an enemy, for grievous and intolerable in- 
 juries ? 
 
 M, I T is, forfooth, a juft war. 
 
 B. WHAT war is that which is carried 
 on with him who is the enemy of all man- 
 kind, that is, a Tyrant ? 
 
 M. A moft juft war. 
 
 B. N o w a lawful war being once under- 
 taken with an enemy, and for a juft caule, 
 it is lawful, not only for the whole peo- 
 ple to kill that enemy, but for every one 
 of them. 
 
 M. I confcfs that. 
 
 B. MAY not every one out of the whole 
 multitude of mankind aflault, with all the 
 calamities of war, a Tyrant who is a publick 
 enemy, with whom all good men have a 
 perpetual warfare. 
 
 M. I perceive all Nations almoft to have 
 been of that opinion. For Thebe is ufually 
 commended for killing her husband, Timo- 
 leon for killing his brother; and Cajfius for 
 
 killing
 
 304. The due Privilege of 
 
 killing his fon 5 and Fufoius for killing his 
 own fon going to Catiline^ and Brutus for 
 killing his own fons and kinfmcn, having 
 underftood they had confpircd to introduce 
 Tyranny again : And publick rewards were 
 appointed to be given,' and honours appointed 
 by feveral Cities of Greece to thofe that 
 fhould kill Tyrants. So that (as is before 
 faid) they thought there was no bond of 
 humanity to be kept with Tyrants. But why 
 do I colled the aflent of fome fmgle per- 
 fons, fince I can produce the teftimony al- 
 moft of the whole world : For who doth 
 not fharply rebuke 'Domitius Corbulo-, for 
 neglcding the fafcty of mankind, who did 
 not thruft Nero out of his Empire, when 
 he might very eafdy have done it ? And not 
 only was he by the Romans reprehended, 
 but by Tyrtdates the Terjian King, being 
 not at all afraid, left it fhould afterward be- 
 fal an example unto himfelf. But the minds 
 of moft wicked men enraged with cruelty are 
 not fo void of this publick hatred againft. 
 Tyrants, but that fomctimcs itbreaketh out 
 in them againft their will, and forceth them 
 to ftand amazed with terrour at the fight of 
 fuch a juft and lawful deed. When the 
 Minifters of Cams Caligula, a moft cruel 
 Tyrant, were with the like cruelty tumul- 
 tuating for the (laughter of their Lord and 
 Mafter, and required thofe that had killed 
 him to be puniftied, now and then crying 
 
 aloud
 
 the Scots Government. 305 
 
 aloud, Who had killed the Emperour? Va- 
 lerius Afiaticus, one of the Senators, {land- 
 ing in an eminent high place, from whence 
 he might be heard, crycd out aloud, 1 -\uifo 
 I had killed him. At which word thcfe 
 tumultuary perfons, void of all humanity, 
 flood as it were aftonilhed, and fo forbore any 
 more to cry out tumultuoufly. For there 
 is fo great force in an honeft deed, that the 
 very lighteft mew thereof being prefented 
 to the minds of men, the moft violent af- 
 faults are allayed, and fierce fury doth lan- 
 guifh, and madnefs mil it will it doth acknow- 
 ledge the fovereignty of rcafon. Neither 
 are they of another judgment, who with 
 their loud cries mix heaven and earth toge- 
 ther. Now this we do cafily underftand 
 either from hence, that they dp reprehend 
 what now is done, but do commend and 
 approve the fame feemingly more atrocious, 
 when they are recorded in an old Hiftory j 
 and thereby do evidently demonftrate, that 
 they arc more obfequious to their own par- 
 ticular affeclions, than moved by any publick 
 damage. But why do we fcek a more 
 certain witnefs what Tyrants do dcfcrve, 
 than their own confciencc ? Thence is that 
 perpetual fear from all, and chiefly from 
 good men : And they do constantly fee 
 hanging above their own necks the (word 
 which they hold {till drawn againft others -> 
 and by their own hatred againft others, they 
 X nleaiure
 
 The due Privilege of 
 
 meafure other mens minds againft them. Bat 
 contrarywife, good men, by fearing no man,, 
 do often procure their own hazard, whilft- 
 they weigh the good will of others towards 
 them, not from the vicious nature of men,, 
 but from their own defert towards others. 
 
 B. You do then judge that to be true, 
 that Tyrants are to be reckoned in the num- 
 ber of the moft cruel brute beafts ; and that 
 tyrannical violence is more unnatural than 
 poverty, ficknefs, death, and other miferics 
 which may bcfal men naturally. 
 
 M. INDEED when I do ponder the 
 weight of your reafons, I cannot deny but 
 thefe things are true : But whilft hazards 
 and inconveniences 'do occur, which follow 
 on the back of this opinion, my mind, as 
 it were tycd up with a bridle, doth inftant- 
 ly, I know not how, fail me, and bendeth 
 from that too ftoical and fevere right way, 
 towards utility, and almoft fallcth away : 
 For if it mail be lawful for any man to kill 
 a Tyrant, fee how great a gap you do open 
 for wicked men to commit any mifchiejf, 
 and how great hazard you create to good 
 men : To wicked men you permit licen- 
 cioufncls, and lets out upon all the pertur- 
 bation of all things : For he that fhall kill a- 
 good King, or at leaft none of the worft, 
 mav he not pretend by his wicked deed 
 fome fhew of honeft and lawful duty ? Or 
 if any good fubjed fhall in vain attempt to 
 
 kill
 
 tie Scots Government. 307 
 
 kill a Prince worthy of all punifhment, or 
 accomplifh what he intended to do, how 
 great a confufion of all things do you fup- 
 pofe muft needs follow thereupon ? Whilft 
 the wicked do tumultuate, raging that their 
 head and leader is taken away from them ; 
 neither will all good men approve the deed ; 
 nor will all thofe that do approve the deed, 
 defend the doer and author of their liberty 
 againft a wicked crew. And many under 
 an honeft pretext of peace will veil their 
 own lazinefs, or rather calumniate the ver- 
 tue of others, than confefs their own floth- 
 fulnefs. Surely this remembrance of felf- 
 intereft, and excufe of leaving the publick 
 caufe, and the fear of dangers, if it doth 
 not break the courage, yet it weakneth the 
 fame, and compelled! it to prefer tranqui- 
 lity, albeit not very fure, to an uncertain 
 expectation of liberty. 
 
 B. I F you well remember what is before 
 fpoken, this your fear will be eafily difcuf- 
 fed. For we told you that there be fomei 
 Tyrannies allowed by the fret fuffrages of a 
 people, which we do honour with royal ti- 
 tles, becaufe of the moderate adminiftration. 
 No man, with my will, fhall put violent 
 hand on any fuch, nor yet on any of thofe, 
 who even by force or fraud have acquired 
 fovereignty, providing they ufe a moderate 
 way in their Government : Such aniongft 
 the Romans were VffotfiafHts, Titus, 
 X 2
 
 3 o 8 The due ^Privilege of 
 
 tinax 5 Alexander amongft the Grecians^ 
 and Hiero in Syracuja. Who albeit they 
 obtained the Government by force and arms, 
 yet by their juftice and equity defcrvcd to 
 be reckoned amongft juft Kings : Befides, I 
 do only ihew what may be lawfully done, 
 or ought to be done in this cafe j but do 
 not exhort to attempt any ftich thing. For 
 in the firft' a due confidcration of the cafe, 
 and a clear explanation thereof is fufficient: 
 But in the laft there is need of good coun- 
 fel in undertaking, of prudence in aflault- 
 iiig,. and courage in acting. Now feeing 
 thefe things arc cither promoved or over- 
 turned by the circurnftanccs of time, perfon, 
 place., and other inftrumcnts in carrying on 
 the bufincfs : If any {hall rafhly attempt this, 
 the blame of his fault can be no more im- 
 puted to me, than his fault to a Phyftcian, 
 who hath duly prefcribcd the remedies of 
 difcafes, but were given by another to the 
 patient unfeafonably. 
 
 M. ONE. thing feems yet to be wanting 
 to put an end to thisdiipute; which if you 
 fhall add, I fhall think I have received a very 
 fingular kindnels of you. The matter is 
 this : Let me underftand, if there be any 
 Church cenfurcs againft Tyrants ? 
 
 B. You may take it when you plcafc 
 out of the firft Epiftlc of Taul to the Co- 
 rinthians, where the Apoftlc doth forbid to 
 hwc any fdlowlhip either at meat or dif- 
 
 courfe
 
 the Scots Government. 309 
 
 courfe with openly lewd and flagitious men. 
 If this were obfervcd amongft Chriftians, 
 fuch lewd men, unlefs they did repent, 
 might pcrifh by hunger, cold and nakcdncfs. 
 
 M. A grievous fentence indeed that is. 
 But I do not know if a people, that allow 
 fo much liberty every way to their Rulers, 
 will believe that Kings fliould be pumfhed 
 after this manner. 
 
 B. SURELY the ancient Ecclcfiaftick 
 writers without exception did thus understand 
 that fentence of Paul. For Ambroft did 
 hold out of the Affembly of the Chriftians 
 The o do fins the Emperour, and Thtodojms 
 obeyed the faid Bifhop : And, for what 
 I know, antiquity doth more highly extol 
 the deed of no other fo much, nor is 
 the modefty of any other Emperour more 
 commended. But to our purpofe : What 
 difference is there betwixt the exclusion out 
 of chriitian fellowfhip, and the interdiction 
 from fire and water? This lair is a moft 
 grievous fentence impofcd by Rulers againft 
 fuch as refufe to obey their commands 5 and 
 the former is a fentence of churchmen. 
 Now the pnnifhmcnt of the contempt of 
 both authorities is death > but the fecular. 
 Judge denounccth the death of the body, 
 the Ecclefiallick judge denounccth the dc- 
 ilrtiction of the whole man. Therefore the 
 Church will not account him worthy of 
 death, whom it doth expel out of the fcl- 
 X 3 lo.vihip
 
 3 1 o The due Privilege of 
 
 lowfhip of Chriftians, while he is alive 5 and 
 banifheth him into the fellowfhip of Devils, 
 when dead. Thus, according to the equity 
 of the caufe, I think I have fpoken abun- 
 dantly ; if therewith any foreigners be dif- 
 pleafed, I deiire they would confider how 
 unjuftly they deal with us. For whilft there 
 be many Nations both great and wealthy in 
 Europe? having all their own peculiar laws, 
 they deal arrogantly who would prefcribe to 
 all that model and form of Government 
 which they themfelves enjoy. The Helve- 
 tians Government is a Commonwealth. 
 Germany ufeth the name or title of Empire, 
 as a lawful Government. Some Cities in 
 Germany (as I am informed) are under the 
 rule of Princes. The Venetians have a 
 Seignory tempered of thefe. Mufcovia hath 
 a very Tyranny inftead of Government. We 
 have indeed but a little Kingdom, but we 
 have enjoy 'd it thefe two thoufand years free 
 of the Empire of foreign Nations. We did 
 create at firit lawful Kings ; we did impofe 
 upon ourfelvcs and them equal and juft laws ; 
 the long Continuance of time doth mew 
 they were ufeful : For more by the obferva- 
 tion thereof, than by force of arms, hath 
 this Kingdom ftood intire hitherto. Now 1 
 what iniquity is this, that we fhould defire 
 either to abrogate or ncgleft the laws, the 
 good whereof we have found by experience 
 for 16 many ages? Or what impudence is 
 
 that
 
 the Scots Government. 31 r 
 
 that in others, that whereas they cannot 
 fcarcc defend their own Government, en- 
 deavour to weaken the ftate and good order 
 of another Kingdom ? What ! arc not our 
 laws and ftatutes ufeful, not only to ourfclves, 
 but alfo to our neighbours ? For what can 
 be more ufeful for keeping peace with our 
 neareft neighbours, than the moderation of 
 Kings ? For from immoderate luft unjaft 
 wars are for the moft part rafhly undertaken, 
 wickedly profecuted and carried on, and 
 fhamefully with much difgracc left off. And 
 further, what more hurtful can there be to 
 any Commonwealth, than bad laws amongft 
 their neareft neighbours, whereof the con- 
 tagion doth ufually fpread far and wide ? 
 And why do they thus trouble us only, fee- 
 ing fo many Nations round about have their 
 feveral laws and ftatutes of their own, and 
 no Nation hath altogether the fame laws 
 and ftatutes as others about them have ? And 
 why are they now offended at us, feeing 
 we make no new law, but continue to ob- 
 ferve what we had by an ancient priviledge ? 
 And feeing we are not the only perfbns, 
 nor the firft perfons, nor yet is it at this 
 time that we make ufe of our laws. But 
 our laws are diipleafing to fome : Perhaps 
 their own laws difpleafc them alfo. We 
 do not curioufly enquire what the laws of 
 other Nations are. Let them leave us our 
 own, well known by the experience of fo 
 X 4 many
 
 3 12 The due 'Privilege of 
 
 many years. Do we trouble their Councils? 
 Or in what bufmcls do we moleft them ? 
 But you are (editions, fay they. I could 
 freely give them an anfwcr : What is that 
 to them ? We arc tumultuous at our own 
 peril, and at our own damage. I might 
 enumerate a great many (editions, that arc 
 not hurtful cither to Commonwealths or 
 Kingdoms. But I fhall not make ufc of that 
 defence. I deny any Nation to be lefs fe- 
 ditious than we. I deny that any Nation 
 hath ever been more moderate in (editions 
 than we. Many contentions have fallen out 
 for laws, and right of Government, and ad- 
 miniftration of the Kingdom ; yet the main 
 bufinefs hath been ftiil kept fafe. Our con- 
 tentions never were, as amongft many others, 
 with the eleftrudion of the people, nor with 
 the hatred of our Princes ; but only out of 
 love to our own country, and deftrc to 
 maintain our laws. How often in our time 
 have great armies flood in oppoiition to one 
 another ? How oft have they retired and 
 withdrawn from one another, not only 
 without wound, but without any harm, yea 
 without fo much as a reproach ? How often 
 Jiath the publick utility fetlcd the private 
 grudges ? How often hath the rumour of the 
 enemies approach cxtinguifhcd our intcftinc 
 hatred and animofity ? In all our feditions 
 we have not been more modcft than fortu- 
 nate ; feeing for the mod part, the party 
 
 moft
 
 The Scots Government. g r 3 
 
 moftjufthath been always moft fortunate: 
 And even as we have moderately vented our 
 hatred, fo have we to our profit and advan- 
 tage condefcended to an agreement. Thefe 
 things at prefent do occur, which might feem 
 to compefce the fpeeches of the malevolents 5 
 refute fucli as are more pertinacious 5 and may 
 fatisfy fucli as are of a more temperate dif- 
 pofition. But by what right other Nations 
 are governed, I thought it not much to our 
 purpofe. I have briefly rehcarfed our own 
 way and cuftom ; but yet more amply than 
 I intended, or than the matter did require, 
 becaufe I undertook this pains for you on- 
 ly. And if it be afjproved by you, I have 
 enough. 
 
 M. A s for me, you have abundantly fa- 
 tisfied me : But if I can fatisfy others alfo, 
 I fhall think I have received much good by 
 your difcourfc, and my fclf eafed of very 
 much trouble. 
 
 THE
 
 THE 
 
 KING: 
 
 FROM 
 
 SENECA. 
 
 , E i T H E R imperial Fur, nor purple 
 
 Robes, 
 Nor Scepters, Diadems, and golden 
 
 Globes, 
 
 Nor royal Mantles can a Monatch frame ; 
 But he, and only he, dcferves the Name : 
 In whqm Ambition ne'er can claim a part, 
 Fear from his Soul, and malice from his Heart ; 
 Whom the. jnconftant Crow'd cou'd never 
 
 move, 
 
 With fhort-liv'd Praifes, or decaying Love ; 
 Who ne'er was tempted by the fhining Oar, 
 Which Tagiis carts upon the golden fhore : 
 Or .by the yellow 'Hauvcft, wiiich the Fields, 
 Of fruitful Lyhia to die Lab'rer yield : 
 
 Whoft
 
 KTNG. 31$ 
 
 Whofe conftant Courage, and whofe fteady 
 
 Mind, 
 
 Was never lhaken by the bluftring Wind, 
 Or daunted at the angry Thunder's Roar, 
 Or Billows dafhing on the rocky Shore ; 
 Who ne'er was frightned at the brandifh'd 
 
 Spear, 
 
 Or well aim'd Javelin whittling thro' the Air j 
 Who by indulgent Fortune rais'd ori high, 
 Can Death and threatning Dangers fearlefs ipy. 
 Tho' to oppofe him, all the Princes joyn, 
 Who rule from Ganges to the German Rhine, 
 Or who inhabit all the fpace of Land, 
 From Indian's Shore, to Ruffta's frozen Strand > 
 Tho' he attacks Him, who fhall dare to ftem, 
 And crofs the 'Danube's fwift refiftlefs Stream j 
 So ftrong the Empire, of a quiet SOUL, 
 Whom Confcience does not check, nor Rage 
 
 controul. 
 
 It fcorns the feeble ufe of Pikes and Darts, 
 Of battering Rams, and other warlike Arts. 
 He is a KING, in whofe undaunted Bread, 
 Fear never was admitted as a Gueft. 
 In every Place, the juft and willing MIND. 
 Can fuch a glorious peaceful KINGDOM find. 
 
 THE

 
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