UNIVERSITY OF CALIFORNIA 
 
 AT LOS ANGELES
 
 A N 
 
 APPENDIX 
 
 TO THE 
 
 Hiftory of Scotland. 
 
 CONTAINING, 
 
 I. A DETECTION of the Attions of MARY 
 
 <ueen of S COTS, concerning the Murder of her HUS- 
 BAND, and her Confpiracy, Adultery, and pretended 
 Marriage with Earl BOTH^EL, and a Defence of 
 the true LoRDS,Maintainers of the KING'S Majcfty's 
 Adion and Authority. 
 
 II. De Jure R E G N I apud S c o T o s : Or, A DifcourfQ con - 
 cerning the due PRIVILEGE or G o v E R N M E N T in the 
 KINGDOM of S c O.T L A N D 
 
 By GEORGE BUCHANAN, 
 
 Author of the faid HISTORY. 
 
 To which is added, 
 
 The GENE ALOG IE of all the KINGS of SCOTL AN D< from 
 F E R G u s the firft, who began to Reign in the Year of the World, 3641. 
 Before the Coming of our Saviour JESUS CHRIST, 350 Ycrs, to the 
 Reign of J A M E s the fixch of that Name, K i N G of S c o T s, and the 
 firft of E K G L A N D. With the Oaths of a D u K E, E A R L, LORD, 
 of PARLIAMENT, and KN IG H T of S COT L A N D. 
 
 L O N D O N: 
 
 Printed by SAM. PALMER, for S. I L L i D G E under Serb's 
 Gate Lincoln's-Inn New-Sopor e ; T. C o R B E T at' Aiiuifon's 
 Head without Temple-bar ; and T. P A y N E in Little-Britain. 
 M DCCXXI.
 
 THE 
 
 PREFACE- 
 
 HE renowned 
 nans Hiftory of 
 //?;/ has found a ge- 
 neral acceptance with 
 men of letters, in fome 
 proportion to what was 
 due to the eminent a- 
 bilities of one, who, under great difficul- 
 ties, which that age and his own circum- 
 flances befet him with, made fo great a 
 proficiency in learning. 
 
 THIS has given encouragement to ano- 
 ther Edition, at this time, of that Hiftory } 
 and becaufe fome other Tncls written by 
 the fame great hand, bear fome relation to 
 A 3 the
 
 PREFACE. 
 
 the fame (abject, and one of 'em more fully 
 hath treated of an important and black 
 fcene of affairs, which in his Hiftory ha 
 mentions with more referve, and in the 
 vulgar language are now fcarcely to be 
 had, even at an exceffive price , 'tis judged 
 expedient to add thefe as an Appendix to 
 the Hiftory, that the curious may have it 
 complete. 
 
 'TIS here given the reader in that 
 drefs and flyle in which it was formerly 
 printed, rather than to give any fufpicion 
 of alteration in the matter and fenfe of 
 the author. Whether the principles and 
 practices which his Dialogue proceeds upon 
 were then truly according to the rights 
 and cujlom of bis own nation, as he fays, 
 muft be left to others judgment :, however 
 he declares, p. 313. that he intended not 
 to afTert by what rights other nations are 
 governed^ and for certain could not forefee 
 what alteration fhould be made in the 
 conftitution of his own, by the umon of 
 the two Kingdoms lately eftablifh'd.
 
 DETECTION 
 
 Of the Aftions of * 
 
 MART 
 
 QU EE N of SCOTS 
 
 CONCERNING 
 
 The MURDER of her HUSBAND, and 
 
 her Conspiracy, Adultery, and pretended Marriage with 
 EarlBoTHWEL ; 
 
 AND 
 
 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. 
 
 'Printed in the Teaf, 1721,'
 
 *
 
 TO THE 
 
 READER- 
 
 T is to. be confeffed that in this 
 Hiftory there is but a parcel, 
 and it tells you but of one cir- 
 cumftancej yet gives light to 
 a many conjider able ones ; which 
 that the common Reader may the better draw 
 out y I Jhall only brief y 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 fo left no other Heir , but 
 Mary, a Child of jour days old., which he 
 never had feen. This Child was accept ed, 
 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
 
 To the Reader. 
 
 12 married her to the Dauphin, afterward 
 Francis the firft, who at two years left her a 
 widow, and fo Jhe returned to Scotland, 
 where foe found her Mother weltring in her 
 cruelties, (a Guile) and wafting and gather- 
 ing with all her might. She being remov'd, 
 the Queen came to be Maftcr of her f If, and 
 foon after in a gaity took Henry Lord Dar- 
 ley, Son to the Earl of Lenox, one of the 
 goodlieft Terfonages accounted of his time, 
 to her Husband. But it feems her frjt 
 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 -, and whereas btfore in 
 the Coins ( as many of them I have feen, 
 comparing the years ) ' it was in the end of 
 one year, Hcriricus & Maria, &c. It w.as in 
 the beginning of the other, Maria & Henri- 
 cus, &c. arid inftead of receiving the honour 
 of a King, he was f.nt away from the Court 
 without cither tram or necejjaries. This 
 with other informations of the Queens car- 
 r jvj, and the inc&iiragtment of fome of the 
 Nobility brought him vack to Edenburgh, 
 ^ -re Jin ding David in the Queen's company, 
 f Viet.'* ^out of ' .r pr<. fence (giving her 
 fome.vtrJs of cotiifort and tffurance , for 
 f ' :-'''- hh chilS] und w.h 
 
 , 'of ? 'lis Afji-i^nis f.nt hn, t i,to t>noi,k,~r 
 
 This
 
 To the Reader. 
 
 This Minion being gone , Bothwcl came 
 into favour, and that how fwiftly and power- 
 fully you may perceive by the Letters an- 
 nexed to tfo c Difcourfe. But her hate to 
 her Husband -was fo exafperated, that both 
 her and BothwclV malice and wits, made 
 his deftruffion their chief aim. Her carri- 
 age to him grew daily more and more Jlrange, 
 Jhe augmented hc j r negleff, in fo much that 
 at the chriftening of that Son, who was 
 after a Tlague to this Nation, he was not 
 fuffered to receive the teaji Honours or Ad- 
 dnffes. 
 
 She being again at liberty then thought 
 to beflir her /elf about the compajfi.ig of 
 Revenge--, 'Poifon was attempted, but the 
 ftrength of his youth overcame it -, which 
 the accurfd Woman feeing, flattered him 
 into agreement and prefcntly 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 Jhe brought her own rich Bed, and 
 frequently vijited him with all fjjcws ofaf- 
 feclion. But on. Sunday night , Jhe difco- 
 vered her felf, and fetch n:g a deep fi^b - 3 Q, 
 fays foe, This rime twelvemonth was 'David 
 R?ze flain ! This it fecms came from her 
 hi- art j jo within a few days, the unfir- 
 tun*tt young man, as an Infcrix to ihc Gkofl 
 of a Fidltr, vaas fir angled in his E.d, ths( 
 A 2 . houfe
 
 To the Reader. 
 
 houft blown up , and his body thrown out 
 into the garden, the Queen's rich bed being 
 a day or two before remo-v'd* 
 
 Now was jhe at liberty for Bothwel, but 
 there was one objiacle, he had a Wife al- 
 ready., but foe poor woman muft be forced 
 to fae out a ^Divorce, which was procured 
 in eight days. So that now the way was 
 fmooth, and an Ambaffadour with fine penned 
 inftruffiions fent to the King of France, to 
 give an account of her new Marriage. But 
 all this could not ft ill the criss of the ^o- 
 $le, wkofe impatience, grief, and rage at 
 that time (particulars whereof I ha've feen 
 in an authsntick Scotch diurnal of that 
 date] was fitch, that Bothwel was forced 
 to fuborn fome Teople to accitfe him ; but he 
 having Creatures enough, few daring to wit- 
 nefsy and many Judges of his ^Party, was ac- 
 quitted. But at laflthihoneftpariofthe No- 
 btlity, fmfible of thofe mifcarriages, made a 
 h.dd, broke Bothwel^ Forces, and put him 
 to fight, took her Trifoner, and made her 
 reflgn up the Government to her Son, (all 
 this before the faid Ambaffadour who was 
 fint into France, had his firfl Audience ) 
 then a child in the Cradle, known after- 
 wards by the name of James the fixtb; 
 who though he were accounted a wife man, 
 foould 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 /pace, (no 
 longer was aU this in tranfacJing) there 
 were three known Favourites, Rize, Dar- 
 ky, /m/Bothwelj and which of the fe might 
 have hit luckieft may be well doubted, if 
 ( as I have heard fome Scots lowdly aver ) 
 the Child itfelf were not fuppojititious. 
 
 This is as much as I can Jay will give 
 light to the Book that follows. 'Twas writ- 
 ten by the moft excellent c Pen of that Age> 
 a man as Sir Philip Sidney juftly calls him, 
 of a piercing wit , confummate learning , 
 and careful ebfervation of things, which 
 made him known to the great eft ^Princes of 
 his time, and dear to his own. This made him 
 School-mafter to his King, who imployed 
 him in the weightieft Tranfaffions at home 
 and abroad, made him Keeper of the Privy 
 Seal of Scotland ( though he never fought 
 himfelf, nor could withdraw from the an- 
 cient parfimony and frugality , he dying ve- 
 ry poor, j So that it is not to be (iippofed 
 that a 'Perfon fo 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 moft 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 Uo broad. And 
 
 though
 
 To the Reader. 
 
 though worthy Mafter Cambden, in his An^ 
 nals tells us, He wifhed he might have wiped 
 out all that he had writ agamft Mary Queen 
 of Scots with his blood, yet when I confc 
 der the times he writ in, and the general 
 flence 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 far 
 wous Htftorian as in other things , though 
 he might mcndacium diccre, not mentiri. 
 
 And though Cauflin in his holy Court, 
 make her a Heroine, nay, a Saint; and 
 Strada in his De Bcllo Belgico, digrejjes to 
 celebrate her with immoderate praifis, yet 
 certainly any man, that would guide his hi- 
 jforical faith aright, will much rather chofe 
 to believe men either Aflors m bufinefs, or 
 neighbours to it, and fnch as receive affu- 
 rance from their eyes, than men that are re- 
 mote, and fnch as are neceffitated to fee 
 through the falfi or broken light of infor- 
 mation ; efpe dally perfons hid in cells, and 
 excluded from bufincfs, absolutely devoted to 
 a religion, to which (he was an Apptiy, 
 absolute Enemy to that 'Towzr, under which 
 Jhe received jufl fentence and execution. To 
 fay nothing that Religions, e facially thofe 
 that feek to grow into the repute of the 
 world by carnal ways, think themselves high- 
 ly advanced by a long Eead-roll of Martyrs, 
 
 i be
 
 To the Reader. 
 
 be their pretences never fo flighty or their 
 perfons themfehes never fo much deferring 
 an Anathema. 
 
 And thus much I think may feme to flew 
 that all Blood-Royal is not unmingltd^ and 
 that they that tie jitch pofitive devotion tofuc- 
 cejjion^ do it not upon fuch grounds ^ but that 
 they may juflly fear, that many times they 
 adors a Pcrkin- Warbcck in/tead of a Duke of 
 York, and facrijice to a guilded idol injlead 
 of one of maffy gold. For certainly ', for a 
 man to pin his faith upon any thai may be 
 dubious ; is fuch a crajinefs in thetinderftand- 
 ing, as will bring all inconveniences either 
 upon his reafoningor civil happinefs . 
 
 Farewell. 
 
 THE
 
 DETECTION 
 
 O F T H E 
 
 ACTIONS 
 
 O F ,- 
 
 MARY Queen of SCOTS, 
 
 fc E R E A s of things judicially 
 determined within a domini- 
 on, to have an account de- 
 manded by Grangers, is, to 
 fuch as are not fubjeft to 
 foreign jurifdidion, both 
 ftrange, and alfo for the 
 ftrangcnefs difpleafant. To us, above all 
 other, it ought to be moft grievous, who 
 are driven to this ftrait of ncceflity, that 
 3 whofc
 
 Detection of 
 
 whofc faults we defire to cover, their lives 
 we are forced to accufc, unlefs we ourfelvcs 
 will be accounted the mod wicked pcrfons 
 that live. But a great part of this grief is re- 
 lieved by your equity (moft excellent Queen !) 
 who take it no lets difpleafantly to fee your 
 kinfwoman, than we to fee our Queen thus 
 in fpecch of all men to be fo difhonourably 
 reported of 5 who alfo are for your pait no 
 lels'dcf irons to understand the truth, than 
 we for ours to avoid {lander. Therefore 
 we will knit up the matter as briefly as pof- 
 iibly may be, and declare it with fuch fhort- 
 nefs, as we may rather fccm to have lightly 
 run over the chief points, than to have large- 
 ly exprcfied them, beginning at the Queen's 
 firft inconftancy. For as in making of her 
 marriage, her lightnefs was very headlong 
 aric,! riifh, fo fuddainly follow J d either inward 
 repentance, or at leaft outward tokens of 
 change of her aflfeftion, without any caufes 
 appealing. Fox whereas the King in former 
 time was not only ncgleftcd, but alfo un- 
 \vorthi!y 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 lent" thither a hawking, but command- 
 ed away, into a corner, far from counfcl, or 
 knowledge of publick affairs. Neither is it 
 ncceilciTy to put in writing thofe things, which 
 as they were then as a fpcttaclc noted of atf 
 
 men's
 
 MARY Queen of Scots. 3 
 
 men's eyes j To now, as a frefh image, they 
 remain imprinted in all incn's hearts. And 
 though this were the! beginning of all the 
 evils that follow'd, yet at the firft their pra- 
 ctices were fccrct, fo as not only the com- 
 mon people, but alib fuch as were right fa- 
 miliar and prcfcnt 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 'Afril, 
 in the year 1566, when the Queen was re- 
 turned from *T)unb{ir\& Edinburgh, and was 
 lodged in the caftlc, flic kept there till the 
 time of her travail of child. After her de- 
 liverance, immediately the fccrct counfcls of 
 the intended iiiifchicf. began to break out, 
 the effect whereof was this, ; To difpatch a^ 
 way the King by one means or other how- 
 foevcr, and to marry with Botfazel: And, 
 that herfelf fhould not be touched with 
 iiifpicion of the murder, flic began fecrctly, 
 by little and little, to fow feeds of diftcn- 
 tion between the King and the Lords that 
 were then at Court, ftill- more and more 
 inflaming them, to bring the matter to deadly 
 feud. And if at any time me cfpied the 
 fufpicions of 'the one againft the other to 
 languish, immediately, with new reports to 
 both parts, me whetted them on again to 
 frcfh difpleafurcs, pcrfuading the Nobility 
 againft the King, and the King againft the 
 Nobility, that each intended others dcftru- 
 B 2 dion.
 
 4. ^/L Detection of 
 
 dion. And Hie thought nothing fo long 
 as to fee the matter come to ftrokes, not 
 caring whether of them obtained the victory > 
 for flic accounted the lofs on either fide for 
 her advantage, as hoping thereby to advance 
 forward one degree nearer to that which flic 
 intended. Finally, In fliort time fhe fa fil- 
 kd their hearts with mutual jealoufics one 
 againft another, that there was not a man 
 of any reputation in the Court, but was 
 driven to this necefllty, either with difho- 
 nour to yield to rumours feigned againft him, 
 or to enter into combat wkh the reporters, 
 or to withdraw him home. And though 
 we fhall pafs over the reft, liaring defire to 
 haftc to the chief point of the matter, yet 
 rhis one nosablc flanderous practice 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 fum, 
 in a manner, of all her communication was, 
 that almoft all the Nobility had conipircd his 
 death, and were devifing how to diipatch 
 him. After the King's departure from her r 
 fhe fent forthwith for the Earl of Murray 
 her brother, who after was Regent, with this 
 meflagc, That the matter was heinous, and 
 ncceilarily requiring his prefence without de- 
 lay. He being awak'd out of found deep, in 
 great fear, caft a night-gown over his fhirt, and 
 as he was, half-naked, ran to her in hafte. To* 
 him fhc ufcd even the like talk as flic had then 
 
 before
 
 MARY ^ueen of Scots. $ 
 
 .'before to the King, informing him, That the. 
 King boiled in fuch deadly hatred againft 
 him, and took it fo difplcafantly that he flood 
 fo highly in her grace, that he was fully deter- 
 mined, fo foon as any poillble opportunity 
 ferved, to murder him. So, as much as in 
 her lay, me left no means unailay'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, me aflay'd the young f^ n fF^ th 
 
 3 O to he Bawd to her 
 
 and unexperienced Gentle- own Husband. 
 man with a new mbtil pra- 
 #ice. She earneftly laboured with him, that 
 while me was great with child, he mould 
 chufe him fome young Gentlewoman, where- 
 of there was great ftore, whofe company he 
 might ufe in the mean time. She promifed 
 him her aflent and furtherance, with pardon 
 . and leave to commit the offence. She na- 
 med to him the Earl of Murray's wife ; not 
 for that me efteemcd that moft noble Lady 
 moft apt for fuch a villany, but becaufe flie 
 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 (he was delivcr'd of child, 
 though fhs courtcoufly entertained all others, 
 B 5 vcc
 
 Detection of 
 
 yet as oft as word was brought her that the 
 King was come to ice her, both fhe and her 
 company fo framed their fpcech and coun- 
 tenance, as if they fecmed to fear nothing 
 more than that the King fhould not perceive 
 that they loath'd him, and that his coming and 
 prcfence was difplcafant to them all. On the 
 pther fide, Botbivel alone was all in all 5 he 
 alone was governour of all her couniels, 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 fpecd- 
 ing for any man, but by Bothwel, to obtain it. 
 NOT long after her deliverance, on a day 
 very early, accompanied with very few that 
 were privy of her counfcl, fhc went down 
 to the water-fide, at the place called the New 
 Hawn; and while all marvelled whither me 
 went in fuch hafte, fhe fuddenly entered into 
 a fhip there prepared .for her: which fhip 
 w,as provided by William Blacater, Edmond 
 'Blacater, Leonard. Robert fan, and Thomas 
 ^ickfon, Bothizel's fervants, and famous 
 robbers and pyrates. With this train of 
 thieves, all honed men wondering at it, fiie 
 betook herfclf to fca, taking not any other 
 with her, no not of her gentlemen, nor nc- 
 ccflary attendants for common honcfty. In 
 ^f/tf^-Caftle, where the fhip arrived, how fhe 
 behaved herfclf, 1 had rather every man fhould 
 with himfelf imagine it, than hear me declare 
 
 it.
 
 MARY tyteen of Scots. 7 
 
 it. This one thing I dare affirm, that in all 
 her words and doings, flic never kept any 
 regard, I will not fay of Queen-like majeity, 
 but not of Matron-like modefty. The King, 
 when he heard of this Hidden departure of 
 the Queen, followed her with all the haftc 
 that he poiTibly could by land, and there 
 overtook her, in purpolc and hoping there 
 to be in her company, and to enjoy the mu- 
 tual loving fellow Ihip of marriage. B ut how 
 lovingly he was received of her, both all they 
 that were prcfent, and fuch as have heard 
 them report it, can well remember ;. For 
 being fcarcely fuifcred to tarry there a few 
 hours, while his men and horfcs baited, he 
 was enforced to get him away in halle again, 
 on pain of further peril. Asforhcrfelf, ihe 
 paftimed there certain days, if not in prince- 
 ly magnificence, yet in more than princeiv, 
 or rather unprinccly licentioumels. There 
 went fhe a hunting, once at the river of 
 Magat 9 another time at the forcft of Gle- 
 narttts. There how coily, yea how lofti y 
 and difdainfully flic behaved hcriclf to the 
 King, what need it be rchcaricd, for the 
 thing -was openly done in all men's fight, and 
 continued! inprintcd in all men's memories. 
 
 WHEN ihe was return'd to Edinburgh ', 
 fhe took not her lodging in her own palace, 
 but in .a private houic next adjoyningto 'John 
 Balfours. Thence fhe removed into ano- 
 ther houCe, where the yearly Court, which 
 B 4 they
 
 8 iA Detection of 
 
 they call the Exchequer, was then kept : For 
 this houfc was larger, and had pleafant gar- 
 dens' to it, and next to the garden, all along, 
 a follitary vacant room. But there was ano- 
 ther matter which, mpre than all thefe things, 
 fpecially allured her thither. There dwelt 
 hard by, one 'David Chamber s^ Bothwel's 
 fervant, whofe back-door adjoyn'd to the 
 garden of the Queens lodging. The reft, 
 who gueflcth not? for the Queen herfelf 
 confeffed the -matter, both to many others, 
 and alfo, namely, to the Regent and his 
 inother. But (he laid all the blame upon 
 my Lady Rerefe, a woman of moft vile 
 unchaftity, who had fometime been one of 
 'Bothwel'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 
 the, gain of whoredom, betaken herfelf to 
 the craft of bawdry, was the Queen, as her- 
 felf faid, betray'd: For Bot hweT was brought 
 through the garden into the Queen's cham- 
 ber, and there forced her againft her will for- 
 footh; But how much againft her will, Dame 
 Rerefe betrayed her, time, tlie mother of 
 truth, hatfy difclos'd ; for within few Days 
 after, the Queen intending, as I fuppofe, to 
 requite force with force, and to ravifh him 
 again, fent Dame Rerefe (who had herfelf 
 alib before made trial of the man s ftrcngth) 
 to bring him captive unto her highnefs. The 
 Queen, with Margaret Carwood, a woman 
 
 privy'
 
 MARY Qgeen of Scots. 9 
 
 privy to all her fccrets, did let her down, 
 by a firing over an old wall into the next 
 garden. But in iiich warlike affairs, all 
 things cannot ever be fo well forefcen, but 
 that fome incommodious chance may over- 
 thwartly happen: Behold, the firing fud- 
 denly broke, and down with a great noife 
 fell Dame Rerefe, a woman very heavy, both 
 by unwcildy age, and mafly fubftance. But 
 Ihe, an old beaten foldier, nothing difmay'd 
 with the darknefs of the night, the height 
 of the wall, nor with the fuddennefs of the 
 fall, up fhe getteth, and running to Both- 
 wel's chamber, fhc gate the door open, and 
 out of his bed, even out of his wife's arms, 
 half afleep, 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 confclled, but alfo George 'Dagtijh^ 
 Bothwel's chamberlain, a little before he 
 was executed, plainly declared the fame, 
 which his confeflion flill remaineth upon 
 record. 
 
 IN the mean time, the King being com- 
 manded out of Tight, and with injuries and 
 miferies banifh'd from her, kept himfelf 
 clofc, 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- 
 pin his daily neccflary expcnces to rjiain-
 
 io ^A Detection of 
 
 tain his few fcrvants and horfes 5 and final- 
 ly, with brawlings, lightly arifmg from eve- 
 ry fmall trifle, and by quarrels, ufiially pick'd, 
 lie was dialed out of her prefence: Yet his 
 heart, obftinately fixed in loving her, could 
 not be retrained, but he muft needs come 
 back to Edinburgh, on purpofe, with all 
 kind of ferviceable humbleneis, to get fome 
 entry into her former favour, and to reco- 
 ver the kind fociety of marriage. Who once 
 again being with mofl difhonourablc 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 Jed'&orthj to 
 the Ailizes there to be holden, about the 
 beginning tf-Offobtr, Bothwd maketh his 
 jpjurney into Ltddtfdale. There behaving 
 liimiclf neither according to die place where- 
 to he was called, nor according to his No- 
 bility of race and cftimation, he was wound- 
 ed by a poor thief, that was himfelf ready 
 to die, and carried into the Caftle called the 
 Hermit age i with great uncertainty of his 
 recovery. When news hereof was brought 
 to Borihwick to the Queen, {he flingeth a- 
 way in hafte like a mad woman, by great 
 journeys in poft, .in the {harp time of win- 
 ter, firft toMelrofi, and then to Jed&orth. 
 There, though me heard fure news of his 
 life, yet her affe&ion, impatient of delay, 
 
 could
 
 MARY tyeen of Scots. 1 1 
 
 could not temper itfelf, but needs fhc muft 
 bewray her outragious luft, and in an in- 
 convenient time of the year, defpiitng all 
 difcommodities of the way and weather, 
 and all dangers of thieves, flic betook hcr- 
 felf headlong to her journey, with iiich a 
 company as no man of any honeft degree 
 would have adventured his life and his goods 
 among them. Thence fhc returned again 
 to Jedworth, and with moft earneft care 
 and diligence, provideth and prepareth all 
 things to remove Botkr&el thither. When 
 he was once brought thither, their com- 
 pany and familiar haunt together, was fuch 
 as was finally agreeing with both their ho- 
 nours. There, whether it were by their 
 nightly and daily travels, difhonourablc to 
 thcmfclves, and infamous among the peo- 
 ple, or by fome fecret providence of God, 
 the Queen fell into iiich a fore and dange- 
 rous ikknefs, that fcarccly there remained 
 any hope of her life. 
 
 WHEN the King heard thereof, he haftcd 
 in poft to Jed-worth, to vifit the Queen, 
 to comfort her in her wcakncfs, and by all 
 the gentle fcrvices that he pollibly could, 
 to declare his affection and hearty dcfirc to 
 do her plcafurc : So far was it off, that his 
 lodging, and things neccflary, were provi- 
 ded for him againft his coming (as were 
 wont .to be for mean pcrfons) that he found 
 not any one token toward lum of a friend- 
 ly,
 
 1 2 v Dete&ion of 
 
 ly mind. But this was a point of moft bar- 
 barous inhumanity ufed againft him, that the 
 Nobilky, .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 fufpe&ed that the 
 Earl of Murray, which afterward was Re- 
 gent, would fhew him courtefie, fhe pradli- 
 fed with his wife to go home in hafte, and 
 feign herfclf Tick, and keep her bed, that at 
 leaft by this colour, under pretence of her 
 ficknefs, the King might be fhut out of 
 doors. Being thus denied all duties of 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- 
 tage, Bothivel, out of the houfc 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 jthere laid in a lower parlour, 
 diredly under the chamber were the Queen 
 herfclf lay fick. There, while they both 
 were yet feeble and unhealed, me of her 
 clifeafe, 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 ftrcngths not yet 
 
 fully
 
 MARY Queen of Scots, 13 
 
 fully fettled, they returned to their old pa- 
 fh'me again, and that fo openly, as they feem- 
 ed to fear nothing more, than left their 
 wickednefs fhould be unknown. 
 
 ABOUT the 5th day of November, be- 
 ing removed from Jedworth to a town 
 called Calco, there fhe received letters fronv 
 the King : Which when fhe had read in pre- 
 lence 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 5 and fhe plainly 
 and cxprefly protefted, that unlefs fhe might, 
 by fome means or other, be difpatched of 
 the King, fhe 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 March land fhe lay at Coldmg 
 ham, Dame Rerefe paffcd through the watch, 
 and was known, and let go. What company 
 fhe had, and whither fhe went at that 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 alfb flain) and of 
 the Earls of Hunt ley and Argyle, and the fc 
 crctary, fhe fell into her faid former difcourfe, 
 
 and
 
 14. ^A Dete&ion of 
 
 and alfo added the moft commodious way, 
 as flic thought, how it might be brought ta 
 pafs, that is ) to me a divorce againft the 
 King. And flic doubted not but that it 
 might be cafdy obtained, forafmuch as they 
 were the one to the other in fuch degree 
 
 of confanguinity, as by the 
 QwpxGermanet. Popes law might not marry 
 
 together, efpecially (which 
 was eafy for her to do) the Bull being con- 
 veyed away, whereby the fame law wasdif- 
 penfcd with. Here when one had caft a 
 doubt, that if fhe fhould go that way to 
 work, their Son fhould be made a baftard, 
 being born out of lawful wedlock, cfpecial- 
 ly, fith neither of his parents were ignorant 
 of the caufes whereby the marriage fhould 
 be ; void. When fhe had tofled this anfwer 
 a while in. her mind, and knew that he 
 faid truth, and that fhe durft not as yet dil- 
 clofe her purpofc to make away her Son, fhe 
 gave over that devifc 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 from Sterlme to 
 Cragmillar, when he hoped to have found 
 her more gentle toward him, and her difplea- 
 fure by proccfs of time ibmcwhat appealed, 
 he fb found no token of change of her affe- 
 dion, that he was not allowed any tiling for 
 
 his
 
 MARY ^eenof Scots. 15 
 
 his daily fuflenancc, unlefs he kept him ftill 
 at Sterline. Which thing exceedingly in- 
 creafcd the peoples fufpicion, otherwise of it 
 iclf already enough inclined to that judgment, 
 of the unchaft company of the Queen with 
 Bothwel. 
 
 ABOUT the beginning of 'December, 
 when there were Embafiadours came out of 
 France and England, to the .chriftning of the 
 King that now is : That Both"ji'el might be 
 fecn gorgioufly arrayed among the Nobility, 
 fhc her iclf Iai4 out the money to buy him ap- 
 parel, and Ibme fhe bought her iclf of the 
 Merchants for him, and fhc lo applied her 
 iclf, with fuch diligence in ovcriecing the 
 making thereof, as if fhc had been, I will 
 not fay hisWifc, but even his iervant. In the 
 mean time, her lawful Husband, at the 
 chriitning of his own child, not only want- 
 ed all her maintenance for his neccilary cx- 
 pcnccs, but alfb w r as commanded not once to 
 come in the Embafifadours fight j his ordinary 
 icrvants were removed from him ; the Nobi- 
 lity were injoyncd not once to attend on him, 
 nor to do him honour, nor in a manner to 
 know him: The foreign Embalfadours were 
 warned not to talk with him, when as the 
 moft part of the day they were in the caille 
 where he was. 
 
 THE young gentleman, thus contempts 
 oufly and unkindly ufed, fell in fuch dilpair, 
 that he : departed from Sttrl t ne and went to
 
 1 6 tA Dee6Hon of 
 
 liis Father. At his departure, the 
 "Qheen ftill purfued him with her wonted ha- 
 tred. All his filver plate, wherewith he was 
 ferved from his marriage till that day, flic 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 outragi- 
 ous cruelty and unappealable hatred. Before 
 he -had patted a mile from Sterline, all the 
 parts of his body were taken with fuch a 
 lore ach, as it might eafily appear, that the 
 fame proceeded not of the force of any fick- 
 nefs, but by plain treachery. The tokens of 
 which treachery, certain black pimples, fo 
 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 
 cfcape : And yet all this while, the Queen 
 would not fufFer fo much as a Phyfician once 
 to come at him. 
 
 AFTER the ceremonies of the Chriften- 
 ing ended, me pra&ifcd with her Brother the 
 Earl of Murray, that when he mould go td 
 conduct the Earl of Bedford, the Queen of 
 Englands Ambaffadour to St. Andrewes, he 
 ihould require Bof/wel alfo to bear him com- 
 pany : Who, indeed, freely promiied fo to 
 do; howbeit, both he and the Queen, the 
 devifer of that diflinmlation, thought no- 
 thing lefs, as the fuccefs {hewed. For fo 
 
 foon
 
 MARY Qyeen of Scots, i 7 
 
 fooh as the King was gone to Glaftow, and 
 the reft towards St. Andreses , fhe with her 
 Bothwel^ got her to T)rumen, and from 
 thence to Tykbarn. In which houfes, they 
 fb pafied the time about eight days, in every 
 corner, and in familiar haunting together, a* 
 all ( faving themfclves alone, that had thrown 
 away all (name ) were highly offended with 
 their contempt and vile regard of publiclc 
 fame, feeing them now not once to fcek to 
 cover their filthy wickednefs. 
 
 WHEN about the beginning of January; 
 they were returned to Sterlme^ fhe began to 
 find fault with the houfc wherein her fon was" 
 nurfcd, as incommodious, becaufe it flood in 
 a cold and moift place, dangerous for bring- 
 ing the Child to a rhciime. But 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 houfc, but were, 
 indeed in the other houfe to which the Child 
 was removed, being fet in a low place, being 1 
 a very Marfh. The Child being fcarcely a- 
 bove fix Months old, in the deep of a (harp 
 winter, was conveyed ta Edenhnrgb. There,- 
 becaufe the firft attempt prevailed not, and 
 the force of the poyfon was overcome by 
 ftrcngth of nature, that at length yet fhe 
 might bring forth that wlicrewith fhe had fo' 
 tong travailed, fhe cntrcth into new devifes 
 for the murder of the King. 
 
 C HER
 
 1 8 of Dete<5Hon of 
 
 HER felf goeth to Glafco^, flic pretend- 
 cth the eaufe of her journey to be to fee the 
 King alive, whole death flie 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 Bothwel. Being now out of care 
 of her Son, whom me. had in her own ward, 
 bending her felf to the flaughter of her Hus- 
 band, to Glafcow me goeth^ accompanied 
 with the HameltonSj. and other die Kings na- 
 tural enemies. 
 
 Bothwel (as it was agreed on between them 
 before ) provideth all things ready, that were 
 needful to accompliili that hainous at -, firft 
 of all, a houfc 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 miallrefort, between the old fallen 
 walls of two c hurdles > near a few alms- 
 houfes for poor beggars. And that no com- 
 modious means for committing that mifchicf 
 might be wanting, there was a poftcrn door 
 in the town- wall hard by the houfc,. where- 
 by they eaiily might pafs away into the fields. 
 In chufing of the place, me would needs have 
 it thought, that they had refpect to 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
 
 MART *jtyeen of Scots, f 9 
 
 fcing's chamber. And as (lie did curioufljr 
 put off the fhews of iiifpieion from her felf, 
 fo the execution of the (laughter, fhc was 
 content to have committed to others: 
 
 ABOUT three days before the King Was 
 flain, {he praclifcd to fct her brother Robert^ 
 and him at deadly enmity, making account, 
 that it fhould be gain to her, which focvcr of 
 them both had peddled. For matter to ground 
 their diflention, flic made rchcarfal of the 
 Speech the King had, had with her, that con- 
 cerning her Brother. And when they both 
 fo grew in talk, as the one fecmcd 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 
 fhc had been marvcloufly afraid of that which 
 (he fo earneftly dcfired, callcth the Earl of 
 Murray her other Brother to the parting^ to 
 this intent, that fhc might either prefently 
 bring him in danger to be {lain himfelf, or in. 
 time to come, to bear the blame of fueh iiiif- 
 chief as then might have happened. Whcii 
 this way thefuccefs fell not out 2s fhe defi- 
 rcd, ihe dcvifcd a new way to transfer the 
 flifpition from her felf. While the Earl of 
 Murray did willingly keep himfelf from the 
 court, and had rcafonable excufc for his 
 abfen>ce ? for that his wife being near her 
 time, was bcfides that always very fick : At 
 the fame time there Was an Ambailador eomd 
 C a from
 
 2O c// Detection of 
 
 from the Duke of Savoy. This the Queen? 
 took for a convenient colour to fend for her 
 brother : But the true caufc 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 dcnructionof thofe 
 two, being men acceptable to the peril, and 
 likewife adverfaries to her pradicc, 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 niani- 
 fcftly 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 difmaycd as 
 this fudden news, defired leave of the Queen 
 to depart ; me anfwcred, That if the caufe 
 were fo, it were a fuperfluous journey for 
 him to go ta-her, being not able to do her any 
 good in her ilcknefs. But he being ftill the 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 occasion of 
 (lander againft him for the time to come. 
 Howbeit for all this, though there were no 
 
 caufe
 
 MARY Qgeen of Scots. 2 1 
 
 ceufe of fufpition, yet he cfcapcd not free 
 from (lander: For Hunt ley and Bothwel, 
 though they could not juftly charge him, yet 
 laboured by infamous libels, which they 
 ipread abroad, to diftciii him with the moft 
 foul fpot of that fhamcful act. And whereas 
 the murder was committed after midnight, 
 they had -before day-light cauied ( by ipccial 
 fore-appointed meflcngers) rumours to be 
 ipread in England, that the Earls of Murray 
 .and Moreton were adcrs of that {laughter. 
 But that rumour, fo foon as the light of the 
 .truth once brake foith, fuddenly vanifhed 
 away, as other falihoods are commonly wont 
 to do. 
 
 WHEN all things were ready prepared for 
 performing this cruel fad, and yet all occafi- 
 tpns cut off to divert the .blame thereof the 
 .partners of the confpiracy, fearing left long 
 .delay fhouid either bring fome impediment 
 to their purpofe, or diiclofe their counfels, 
 .determined to difpatch it in all haftc. The 
 Queen therefore for manners fake after iup- 
 per, gpeth up to the King's lodging. There, 
 being determined to {hew him all the tokens 
 of reconciled good will, fhe fpcnt certain 
 hours in his company, with countenance and 
 talk much more familiar than fhe had ufed in 
 fix or feven Months before. At the coming 
 in of Tar is, fhe broke off her talk, .and pre- 
 pared to depart. This ^Pans was a young 
 jnian born in France, and had lived certain 
 C 3 years
 
 22, cX/ Detection of 
 
 years in the houfes of Bothwel^ and Seton, 
 find afterward with the Queen. Whereas the 
 Other keys of that lodging were in cuftody of 
 the King's lervants j 'Paris by feigning certain 
 fond and (lender caufes, had in keeping the 
 keys, which Botbwel kept back, of the back 
 gate and the poflern. He was in fpeciai 
 truft with Bothwel and the Queen, touch- 
 ing their fecret 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, fhe faid, alas ? I have much offended, 
 toward Sebaftian this day, that I appeared not 
 in a mask at his Marriage. This Sebaftian 
 was an Arvernois^ a man in great favour with 
 the Queen for his cunning in Mufick, and 
 his nierry jetting, 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 otArgyle, Hunt- 
 ley, aridCaJfi/tSj that attended upon her. Af- 
 ter that (he was come into her chamber after 
 midnight, fhe was in long talk with Both- 
 wel y none being prefent but the captain of 
 her guard. And when he alfo withdrew him- 
 felf, Both-wel was there left alone without o- 
 ther company, and fhortly after retired into 
 - his own chamber. He changed his apparel, 
 becaufe he would be unknown of fuch as 
 met him \ and put on a loofe cloak, fuch as 
 
 the
 
 MARY Qyeen of Scots. 2 3 
 
 die S'ji'artrytters wear, and fo went for- 
 ward through the Watch, to execute his in- 
 tended traitcrous fad. The whole order of 
 the doing thereof, may be cafily undcrftood 
 by their confeflions, which were put to death 
 for it. 
 
 Botbwel, after the deed was ended, that 
 he went 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 expectation of the fuccefs, how fine- 
 ly fhe played her part ( as ihc thought ) it is 
 marvel to tell. For flic not once ftirrcd at 
 the noife of the fall of the houfc, 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 unlookcd for) till Both'jvel 
 feigning himfelf afraid, rofe again out of his 
 bed, and came to her with the Earls of Ar- 
 gyle^ Huntlej, 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 calling her felf down into bafc la- 
 mentations and tears, unbefccming the royal 
 C 4. name.
 
 24 <^T DetedHon of 
 
 name, bloud, and eftate, diat fhe marched, 
 or rather far furmounted all credit of the 
 conftancy of any in former times. This al- 
 fo proceeded of the fame nobility of courage, 
 that fhe let out the greater part of them that 
 were about her, to inquire out the manner of 
 the doing, and commanded the louldiers that 
 watched to follow, and fhe her felf, fettled 
 her felf to reft, with a countenance fb 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. 
 
 THE common people, not certainly know- 
 ing whether fhe laughed or lamented, were 
 divided into fundry imaginations, fith 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 fome talked of one fort, 
 fome of another, in the mean time, of any 
 enquiry to 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, 
 Bothwel, the principal doer of the vile ac~t, 
 with certain others that were privy to the 
 fame, aflembled together with the Earl of 
 drgyle, for that he is by inheritance the Ju- 
 #ice to deal with crimes puniihablc by death. 
 
 Firft,
 
 MARY tyeen of Scots. z$ 
 
 Firft, as though they had been utterly igno- 
 rant of all that ever was done, they begin to 
 wonder at the ftrangcnefs of the matter, fuch 
 as never was heard of, and incredible. Then 
 they begin a little to be bufie about their in- 
 quiry, they lent for a few poor filly Women 
 that dwelt thereabout. Which, poor fouls, 
 ftanding in doubt whether it were better for 
 them to tell, or hold their peace, though 
 they daintily tempered their fpccch, yet when 
 they had blabbed out fomewhat more than 
 the Judges looked for, they were difmiiled 
 again as fools that had but undifcrctly prated. 
 For their teftimonics, though they touched 
 fome folks fhrewdly, yet they were fuch as 
 they might cafily 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 (aid, the 
 Queen. So the enquiry ( for manners fake ) 
 was adjourned, but indeed lupprcflcd, for 
 fear left if they proceeded further, the fccrcts 
 of the court might hap to be difclofcd. Yet 
 left tlid matter fhould iccm not to be re- 
 garded, out gocth a Proclamation with re- 
 wards promifcd to him that could give in- 
 formation of it. But who durft accufc the 
 Queen? or ( which was in manner more pcr- 
 rilous ) who durft dctcd Bothwel of fuch 
 an horrible offence : Especially when he him- 
 
 iclf
 
 2 6 odf Detection of 
 
 felf was both doer, judge, inquirer, and ex- 
 aminer? Yet tliis fear, which flopped the 
 mouths of every man in particular, could not 
 rcftrainthe whole multitude in general. For 
 both by books fet out, and by pictures, and 
 by crys in. the dark night, it was fo handled, 
 that the doers of that mifchievous fad might 
 cafily underftand, that thole {carets of theirs 
 were come abroad. And when every man 
 was now out of doubt, who did the murder, 
 and who gave furtherance unto it, the more 
 that they laboured to keep their own names 
 undifclofed, fo much the more the peoples 
 grudge, (being retrained) broke out the 
 more openly. Though they took upon them, 
 as if they regarded not thefe things, yet fome- 
 time the rumours fo inwardly prickt them to 
 the quick, that they could by no means hide 
 their anger. Therefore, discontinuing their 
 fearching for the King's death,they begin a new 
 enquiry, far more earneft, againft the Au- 
 thors of books, and the {landers of Bottrj^el, 
 as they themfclvcs termed them. Thefe cxar 
 ruinations were fo rigoroufly put in execu- 
 on, as neither money, nor labour of men 
 nor horfes was fpared about it A11 the 
 painters were called together, all that earn- 
 ed their living by writing, were aiTembled, 
 to judge of the pictures and books that had 
 been fet out. And if any painter had not 
 of his own accord confeited, that it was he 
 of whofe work they enquired, another that
 
 MARY Qpeen of Scots. 27 
 
 was not guilty thereof, but touched a little 
 with a flight fufpition, had differed for it. 
 There was publifhed a Proclamation agree- 
 able with the manner of the Inquifition, 
 wherein it was made death, not only to fct 
 out any fuch matter, but alfo to read it, be- 
 ing fct out by another. But thefc perfons, 
 that with threatning of death praftifed to 
 flop the fpccch of the people, yet not fatif- 
 fied with the moft cruel murder of die King, 
 ceafed not their hatred againfthim when hewas 
 dead. All his goods, armour, horfes, appa- 
 rel, and other furniture of his houfe, the 
 Queen divided, fometothcm that flew him, 
 and fomc 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 alib part of our conquered 
 booty, fhe fo fcraped, till ihe brought them 
 in a manner to cxtream beggery. 
 
 BUT this was a ftrange example of cruel- 
 ty, and fuch as never was heard of before, 
 that as fhc had fatisficd her heart with his 
 flaughter, fo fhc would needs feed her eyes 
 with the fight of his body {lain. For fhe 
 long beheld, and not only without grief,but air 
 fo with greedy eyes, his dead corps, thcgoodli- 
 eft corps of any Gentleman that ever lived 
 in this age. And then fuddenly, without any 
 funeral honour, in the night-time, by com- 
 mon carriers of dead bodies, upon a vile Bier, 
 fhc caufcd him to be buried hard by < Da e vid 
 
 Rizo,
 
 4 8 ^A Detection of 
 
 Riz,o. When thefe doings were known a- 
 bro'ad, 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 {he began to fet her face, 
 and with counterfeiting of mourning, IKe 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 Ipace of forty days, not 
 onely to forbear the company of men, but 
 alfo from looking on the open light, fbe at- 
 tempted a diiguifed manner of mourning. 
 But the mirth of heart far palling the feign- 
 ed forrow, fhe fhut the doors indeed, but me 
 fct open the windows, and within four days 
 ihe threw away her wailing weed, and began 
 to behold both fun and open fkie again. 
 But this one thing fell very overthwartly. 
 For when Henry Killegree 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 dii- 
 guifmg. For when he was, by the Queen's 
 commandment, come to the court, though 
 he being an old courtier, and a good dif- 
 creet Gentleman, did nothing haftily, yet he 
 eame 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 tyeen of Scots. 29- 
 
 pointed for the mourning, fcarce twelve were 
 yet fully part, and the counterfeiting would 
 not frame half handfomly, and to difdofe 
 her true affedions fo foon fhe was fomcwhat 
 afhamed, at length taking heart of grace un- 
 to her, and negleding tuch trifles, fhe eom- 
 eth to her own by as, and openly iheweth her 
 own natural conditions . She poftcth to Seten's 
 houfe, with a very few, and thole 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 refpefts 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 
 lame was a place not altogether unfit to aft wage 
 their forrows, for it was diredly under the 
 Queen's Chamber : And if any fuddcn qualm 
 of grief fhould have happened to come over 
 her heart, there was a pair of flairs, though 
 fomcwhat narrow, yet wide enough for Both- 
 wel to get up to comfort her. 
 
 I N the mean time, after the rumour here- 
 of was fprcad into France, Mounfieur de Croc, 
 who had often before been Ambafladour in 
 Scotland, came in fuddenly upon them, God 
 wot, full unfeafbnably. By his advice fhe re- 
 turned to Edenbvrgh, out of that den which, 
 even as far as France, was infamous. But in 
 Setons houfe were fb many commodious op- 
 portunities lor her purpofc, that howioever 
 
 her
 
 tA Detedion of 
 
 her good name were thereby impaired, needs 
 ihe muft go thither again. There were coun- 
 fels hoidcn of the great affairs of the Realm; 
 The end of the confutation was, that Both- 
 ivel fhould be arraincd of the murder, and 
 acquit by Judges thereto chofen for the pur- 
 pole, and conftrained. It was concluded, 
 That the meaner fort of the Judges might with 
 favour and fair promifes be led, and the reft 
 of the greater and graver ibrt ( whom for 
 fafhions fake they were driven to call to the 
 matter) might be drawn with fear to acquit 
 him. For befide Libels thereof commonly 
 thrown abroad, the King's Father, the Earl of 
 Lennox did openly accufe him for principal 
 author of the murder. 
 
 THE aflcmbly 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 di 
 patched. That great hafte was the eaufe* 
 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 prcfent themfelvcs, or 
 to fend their Pro&ors. 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 aflcmbly of 
 
 his
 
 MARY Queen of Scots, gt 
 
 his friends, with his own houfhold reti- 
 nue only, which by rcafon of his great po- 
 verty, was now brought to a few : While in 
 the mean time Bothwel with great bands of 
 men, daily muttered about the town. And 
 bccaufe he verily believed that in fo allur- 
 ed peril, no man would take upon him ta 
 be his accufer, he grew to fuch a negligence, 
 and iiich contempt of law and judicial pro- 
 ceedings, that the enditement was framed of 
 a murder iuppofcd to be done the ninth day 
 f February , when indeed the King was 
 flain the tenth day. In chooftng and refil- 
 ling of the Judges, the like fevcrity was u- 
 led, for the murderers themfelves made the 
 choice of the Judges, when there was no 
 man to take exception againft them. The 
 Earl of CaJJlles , willing rather to pay his 
 amercement, as die manner is, than to be 
 a Judge in the matter, when he had flood 
 MI it a while, and would not appear at the 
 Queen's rcqueft and menacing, yea, though 
 flic lent her ring for credit both of her carn^ 
 eft prayer and threatning, at length, con- 
 ftraincd with fear of exile and puniihmcnt, 
 he yielded. There fate the Judges, not cho- 
 fen to judge, but picked out to acquit : The 
 eaufc proceeded without any advcrfary : A 
 Trial in a matter of life and death, when 
 there was never an accufer, but fuborncd by 
 the party accufed : So as a man might well 
 think it not the trial of a caufc in a court, 
 
 but
 
 3 2 o Dete&ioh of 
 
 but the playing of an enterlude upbn a 
 ftage. 
 
 IN all this fearlefnefs of all things, yet be- 
 hold, I pray you, of what force is the tcfti- 
 mony of confcience on either fide. Sud- 
 dainly, unlocked for, there ftarteth up a young- 
 man of the Earl of Lennox houfe, in whom 
 the refpcd 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 
 ncr order. At this faying the Judges were 
 all uricken 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 priibner whom no man accufed, and 
 that they had acquitted him of a murder 
 alledgcd to be committed the ninth day of 
 February, when the King was {lain 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 
 Ib to become a Husband to her greater ihame, 
 than when he was before an adulterer. To 
 make up yet the full perfection and encreafe 
 of this jolly acquital, there was fet np 2 
 writing in the moft notorious place of the 
 court, that though Bothwel had by juft trial 
 
 and
 
 MARY ^ueen of Scots. 3 3 
 
 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 
 King. 
 
 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 difclofe 
 his name. 
 
 W H I L fi matters and mens affections were 
 in this ftir, the Parliament afiembled. 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 trcafon, and 
 for reftoring the fon to his father's pofTeill- 
 ons and honours: There were alfb certain 
 plaufible things granted to pleafe the Peo- 
 ple, and fpecially for the church, namely 
 the repealing of certain laws of Popifh Ty- 
 ranny, made for punifhing of fuch 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 Bothivel, nor 
 D alto-
 
 34 A Dete6Hon of 
 
 altogether fo openly as fhe would fain have 
 had it, and yet not fo fecretly, but that the peo- 
 ple perceived it, for that all mens eyes were 
 gaping upon them. For whereas Bothwe/hzd 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 fecretly enjoy him, and yet in 
 no wife could be without him ; fome fhift, 
 though not an honeft one, yet a fhift, for- 
 iboth, muft be deviled 5 and when they 
 could not think upon a better, it fcemed 
 to them a marvellous fine invention, god 
 wot, that Bothwel fhould ravifh and take 
 away the Queen by force, and fo favc 
 her honour. So within a few days after, 
 as the Queen was returning from Sterline r 
 Bothwel forceably took her by the way, and 
 carried her to Tlunbar : 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 howfbcver it were, that the 
 wrong of the ravimmcnt might be defaced 
 with honeft colour of marriage, Bothwefs 
 wife was compelled in two courts to fuc 
 a divorce againft her husband. 
 
 BEFORE Judges delegate, appointed by 
 the Queen's authority to have jurifdiclion 
 in fuch caufes, the Wife accufetla the Hus- 
 band of adultery, which with them was a 
 juft caufe of divorce. Before popifh Judges, 
 
 who
 
 MARY ^ueen oj Scots. 
 
 who indeed by law were forbidden, yet by 
 fpeeial diipcnfation of the Bifhop of St. An- 
 drew, were for the hearing of this caufe only 
 permitted : Bothwelvtzs accufed, that before 
 his marrige with his Wife, he had committed 
 fornication with his wife's near kinfwoman : 
 Howbeit 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 (lacknefs either in the wit-' 
 nelTes, 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 fentcnce of divorce was given, 
 and fent to 'Dunbar, Bothwel by and by 
 aflcmbleth 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 Prifoner. 
 
 WHEN that they were thus gathered to- 
 gether, the moft part of them in armoury 
 by the way, as they were conducing the 
 Queen, many of them were (uddenly ftrickcnf' 
 in fome fear, left, in time to come, they 
 might be charged for holding the Queen a 
 Prifoner ; 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 midft of their 
 tourney, they all threw away their lauhccs,- 
 D 2-
 
 'A Detection of 
 
 and in more peaceable array, at leaft in 
 they conveyed her to the caftle of Eden- 
 btirgh y which caftle was alib the fame time 
 at Bothweh commandment. There fhe tar- 
 ried with Bothwel, while the banes were pub- 
 lifliing. Then Ihe came down out of the 
 caftle into the town, to the common af- 
 lembly of the Judges, and there pronounced 
 her felf to be free at her own liberty. And 
 fo at length, within eight days, fhe fmiihed 
 that unmatrimonial Matrimony, all good men 
 fo far detefting, or at leaft grudgingly fore- 
 judging the unluckey end thereof, that Mon- 
 fieur de Croc, the French King's Embafiadour, 
 a man very well affe&ioned to the Queen, 
 one of the fadion of the houfe of Guife y 
 and fojourning very near to the place, though 
 he were earneftly required, yet he thought he 
 could not with his honour be prefent at the 
 feaft. 
 
 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 
 confcicnce of the vile Fact, or fent away by 
 the Queen, fhe 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 fince, pertaineth not much to this 
 prcfcnt matter. And though my ipeech 
 have been, perhaps, longer than you looked 
 
 for,
 
 MARY ^ueen of Scots. 37 
 
 for, yet I plainly perceive in my felf, that, 
 while I leek to make an end of my tale, I 
 have omitted, and many things for hafte I 
 have but lightly touched 5 and nothing have 
 I, according to the heinouf ne(s of the offence, 
 frilly expreffed. 
 
 An Oration^ with a Declara- 
 tion of the Evidence againjl 
 MARY the Scottifli Qyeen : 
 wherein #, ly neceffary Ar- 
 guments, plainly proved, that 
 Jhe was guilty and -privy of 
 the faid Murder. 
 
 E i N G thefe things are by writings 
 and witnefies fo probable, and flick 
 fo 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 what need can be of diligence, to prove 
 or reprove a thing fo plain and evident ? 
 For all things arc fo clear, fo manifcft, and 
 fo mutually knit together, each part to flrcng- 
 D 3 then
 
 A Detedion of 
 
 then other, that there is no need of foreign 
 probations 3 and all things fo fully witneffed, 
 that there is no necelllty of other arguments. 
 For if any will ask me, as in other matters is 
 us'd to be.ask'd, the caufes of fo foul a fad, 
 I might alfo likewife ask of him, ftth the 
 time, the place, the deed, and the author is 
 fufficiently known, to what purpofe is it to 
 ftand upon fearching the caufes, or to en- 
 quire by what means it was atchieved ? 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'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 boldnefs of impudent perfons in lying, 
 let us allay to fee with what weapons truth 
 is able to defend innocency againft thofc 
 wicked monfters. If then they demand the 
 paufe of fo heinous a deed, I anfwer, It was 
 nnappeafabk hatred. I demand of them 
 again, if they can deny that fuch hatred was, 
 pr that the fame hatred was fo great, as 
 without blood could not be fatisfied? If 
 they ^eny that fuch hatred was, then let 
 them anfwer me, Why fhe, a, young wo- 
 man, rich, noble, and finally a Queen, thruft 
 away from her, in a manner, the young 
 
 Gen-
 
 MARY t^een oj Scots. 39 
 
 Gentleman into exile, he being beautiful, 
 near of her kin, of the blood royal, and 
 (that which is greateft) entirely loving her, 
 in the deep of fharp winter, into places 
 neither fruitful of things nccefiary, nor re- 
 plenifh'd with inhabitants, and commonly- 
 perilous, being haunted with thieves ? Why 
 lent ihe him away into dcfart and craggy 
 mountains, without provision, into open pe- 
 rils, and in a manner without any compa- 
 ny? What could me more have done, if 
 'me had moft deadly hated him, and cove- 
 nanted to have him diipatch'd ? But, I trow, 
 Ihc fear'd no fuch thing. But that voidncfs 
 of fear, I conftrue to be a note of moft 
 obftinate hatred, cfpecially fith me both knew 
 the places, and was not ignorant of the dan- 
 gers. That husband, therefore, to whom 
 me was but lately married, againft the liking 
 of her fubjccts, againft the will of their 
 friends on both fides, without whom me 
 could not endure, whom (he fcarcely durft 
 fuffer out of her fight j him, I fay, me 
 thruft forth to uncertain death, and mofl 
 certain perils. 
 
 WILL ye ask of me the caufes of the 
 change of her affcdion ? What if I lay, I 
 knew them not ? It fufficeth for my purpofe 
 to _ . . that me hated him. What if I 
 ask again, why Ihe fo cxtreamly loved the 
 young man whom flic never faw before ? 
 Why fhc fo haftily married him, and fo un- 
 D 4 meaftirabJy
 
 40 A Dete6tion of 
 
 mcafurably honour'd him ? Such are the na- 
 tures of fome women, efpecially fuch as 
 cannot brook the greatnefs of their own 
 good fortune 5 they have vehement affections 
 both ways ; they love with exccfs, and hate 
 without meafure ; and to what fide foever 
 they bend, they are not govern'd by advis'd 
 reafon, but carried by violent motion. I 
 could, out of the monuments of antiquity, 
 rchearfe innumerable examples 5 but of her- 
 felf, I had rather believe herfelf. 
 
 CALL to mind that part of her letters 
 to Bothwel, wherein fhe maketh herielf 
 Medea y that is ? a woman that neither in love 
 nor hatred can keep any mean. I could 
 alfo alledge other caufes of her hatred, al- 
 though indeed not reafonable caufes, yet fuch 
 as are able to ihove forward, and to pu(h 
 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- 
 ferv'd of her fubjeds, 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 5 that me hated, 
 and not meanly hated him, 
 
 WILL you fee alfo another proof of her 
 hatred ? The tender Wife, forfooth, fo loving 
 and fond of him, when fhe could not do 
 
 him
 
 MARY Queen of Scots. 4.1 
 
 him the duty of a wife, ofFereth to do him the 
 fen -ice of a bawd : She made choice of her own 
 brother's wife to put to him in her place. 
 
 WHAT fhall we think to be the caufe 
 of this fo fudden change ? She that of late 
 gapingly fought for every fmall breath of 
 fufpicion againft her Husband, and, where 
 true caufes were not to be found, fhe in- 
 vented fuch as were manifcftly falfe ; and 
 this fhe curioufly did, not when fhe lov'd 
 him, but when fhe had begun to hate him ; 
 and while fhe was fifhing for occafions to 
 be divorc'd from him, even fhe, I fay, of 
 her own accprd, ofFereth him a lover, dc- 
 clareth her own cementation therewith, and 
 promifeth her furtherance. 
 
 WHAT can we imagine to be the caufc 
 hereof? Was it to pi cafe her Husband? No, 
 for fhe hated him 5 and although fhe loved 
 him, yet fuch manner, of doing in a woman 
 is uncrediblc. Was it that he, knowing 
 himfelf likewife 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. Was it 
 to find caufe of divorce, and fo to drive 
 him to leave his bed empty for Bothwel? 
 Yea, that was it indeed that fhe fought for, 
 but yet not that alone ; for in this woman 
 you muft imagine no fingle mifchief She 
 hated the Earl Murray's Wife, even with 
 fuch hatred as all unhon9ft pcrfons hate die 
 
 honcft.
 
 4* A Detection of 
 
 honeft. The differences of their two fames 
 much vexed her, and therewithal alfo me 
 coveted to fet the good Lady's Husband, and 
 the King together by the ears, and fo rid 
 herfelf of two troubles at once. 
 
 THUS you fee how many and how great 
 things me pracHs'd to difpatch, with one 
 labour, her Paramour's enemy, the bridler 
 of her licentioufnefs, and her own hated 
 Husband, fhe hopeth to rid all at once; 
 while, by fuch fundry forts of wicked do- 
 ings, (he maketh hafte to her moft wicked 
 wedding. 
 
 To what end tended that fearful hafty 
 calling for the Earl Murray, at midnight ? 
 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 aflaulted by the King, 
 whom fhe herfelf had difarm'd. Difarm'd, 
 faid I ? yea, fhe had disrurnifli'd him of all 
 convenient company for his eftate, and made 
 him to be fhakcn up with a woman's fcold- 
 ing, and that by one of her own train, one 
 who was paft all fhame, and of proftitute 
 imchaftity. 
 
 SHE fear'd much, left the young Man, 
 deftitute of friends, bcfct with all forts of 
 mifcries, fhould make afTault in the night- 
 time.
 
 MARY Qtyeen 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 eaftle ; 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 affail him ? there 
 was no enmity between them, but fuch as 
 fhe had fow'd. What fay you, if fhe 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 
 flight-time, unarm'd? Why did fhe not ad- 
 vife 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 defer the calling 
 of him 'till next morning ? No, no, fhe 
 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, rafh 
 by fervour of youth, lightly believing her 
 by excels of Jove, would have adventured 
 to flay his fuppofcd enemy, naked, unac- 
 companied and unarmed. So fent fhe the 
 King raging in anger to commit the (laughter, 
 and pradifcd to draw the Earl of Murray 
 naked, unaccompanied, unwarned, to be 
 
 fud-
 
 44 A Detection of 
 
 fuddenly trap'd in treafon. This was her 
 meaning, this was her defire. But wicked 
 counfcls, how fubtil foever they be, are not 
 always profperous. 
 
 WHAT meant this, that after her delive- 
 rance of Child, at which time other Women 
 do chiefly comfort themfelvcs in the loving- 
 nefs of their Husbands, and confefs that they 
 find fbme cafe of pain by fight of them, fhe 
 at the fame time driveth her Husband away ? 
 What elfe Thall we fay ihe meant thereby ; 
 but, as the Poet faith, for pure love, god- 
 wot, fhe {hut him out of doors. But this 
 tender Creature, that either fhuttcth out her 
 Husband, or as fbon as he is come chafcth 
 him away again, whofe ftomach turned at 
 the fight of him, who is fuddenly taken with 
 pangs at his prefence, when fhe was in the 
 pinnace amongft pirates and thieves, fhe 
 could abide at the poop, and be content 
 to handle the boifterous cables. Now 
 ask I whom fhe loved, and whom flic ha- 
 ted ? For that at Aloe fhe drove away the 
 cumberfome interrupter of her paftime ; that 
 again, when he came to her at Edinburgh, 
 me rejefted him, I blame her not. I am 
 content to believe fhe did it not for hate to 
 her husband, but for her fancy's fake j that 
 again at Jedworth fhe fuffer'd him not to 
 come at her, let it be borne withal ; for 
 not without caufe fhe feared, left the force 
 of her ikknefs would encreafe at fight of 
 
 him,
 
 MARY ^ueen of Scots. 
 
 him, whole death fhe fo earneftly defired. 
 That flic gave fpecial commandment that 
 no man fliould lodge him, no man Ihould 
 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 itfecmeth me feared the 
 very infedion of her Husband, if he were in 
 any place near her. That fhe fent him back 
 from Cragmillar to Sterline, I complain not. 
 But that fhe bereaved him of all his ncceflaries, 
 that fhe took him from his fcrvants, that flie 
 abated the allowance of his expence^ that 
 ihe alienated the Nobility from him, that fhe 
 forbade Grangers the fight of him, and (as 
 much as in her lay ) took from him, even 
 while he lived, the ule of heaven, earth, and 
 air : This, I fay, I know not what to call 
 it, unnaturalneis, hatred, barbarous fierce- 
 nefs, or outragious cruelty? That when 
 we went from Sterlme, fhe took away all 
 his Plate, let it be pardoned, for what 
 need had he of fdver, that carried with 
 him prefcnt death in his bofom? But this 
 I befeech you to confider, what great in- 
 dignation of all men it hath kindled, that 
 when the King, poor foul, made hard fhift 
 to live in defolation, forrow, and beggery, 
 whilft that Botbwel, like an Ape in purple, 
 was triumphantly fhewed to the Embafladours, 
 of foreign Nations, even that fame partner 
 of her Husband's bed, not fo much for the 
 
 love
 
 46 A Detection of 
 
 love of himfelf, as for defpight of her Hu 
 band, was 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 fhut out, fo oft fent a- 
 \vay with defpight, driven to extream pover- 
 ty, baniihed into a defolate corner, far from' 
 the court, far from the prefence of men, 
 fpoiled of his fervants and houfhold furni- 
 ture, bereaved, in a manner, of his daily ne- 
 eefiary fuftenance, yet by no injuries can be 
 fhakcn from her, by no fear of death can be 
 withdrawn, but with ferviceablenefs and pati- 
 ence he aflayeth, if not to overcome, yet at 
 leaft fomewhat to afTwage 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 fb 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 fatisficd with torments, but rather 
 with his ferviceablenefs fhe is irritated, with 
 his humble prayers fhe is more inflamed, and 
 at every time of his coming fhe devifeth fome 
 
 new
 
 MARY Queen of Scots. 47 
 
 new cncrcafc of ipightful diilionour : Where- 
 in, when fhe had ipent the uttcrmoft of all 
 her force, wit, and bitternefs of nature, when 
 flic faw the poor young Gentleman, neither 
 to give over by fainting, being OpprciTcd with 
 poverty 5 and though he were delpiled of all 
 men, and fo often thrown into open perils, 
 neither to dclpair, nor otherwiie, more cm- 
 elly, to make away himfclf; at length, as it 
 were glutted with the fight of his milerics 
 and torments, fhe determined prefently to 
 rid him of his calamities, hcrielf of irk- 
 fomnefs, and "her adulterer from fear, and 
 fo, by certain fpecial perfons thereto appoint- 
 ed, flic caufed him to be poyfoncd, that being 
 abfent from her, he might fo die with lets 
 fufpicion. But of the poyfon I will fay more 
 in another place. 
 
 WHEN this pradicc framed not fully to 
 her dcfirc, me goeth her felf to Glafc&w^ 
 that whom being abfent fhe could not kill, 
 fhe might herfelf in prcfcncc fatisne both 
 her cruel heart, and her eyes with fight of 
 his prcfent miferies. And, as if herfelf a- 
 lone were not fufficient to execute the cruel 
 tormenting of him, fhe bringeth into his 
 light miniftcrs 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 fhe herfelf will not fuf- 
 fcr us to doubt at all ? She, the Queen her- 
 felf,
 
 48 r A Detection of 
 
 felf, I fay, openly protefted, not to her lover hi 
 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 purpofe affeftioned ; fhe her felf, 
 I fay, openly confeffed, that fhe could not 
 live one good day, if fhe were not rid of the 
 King ; and that not once, nor unadvifedly, 
 but in prefence of thofe Perfonages whom 
 fhe ufed to call to counfel in the weightieft 
 affairs. For it cannot be faid, unadvifedly flip- 
 ped from her, that was fo oft fpoken, in fo 
 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 fhe declared her own 
 opinion, pra&ifed to win their alfent, 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 greatneis of the out- 
 rage make the report uncredible. 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 fhe her 
 felf fo thought in her heart, if it were not 
 fo, that the thing it felf confirmeth 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 Queen of Scots. 49 
 
 What kind of poifon ? Where had fhe it ? 
 Ask you thefe queftions ? As though wicked 
 Princes ever wanted Minifters of their wick- 
 ed treacheries. But ftill you prefs me per- 
 haps, and ftill you ask me who be thefe Mi- 
 nifters ? Firft, that poifoned he was, it is cer- 
 tainly known : For though the fhamelefneis 
 of men would not ftick to deny a thing fo 
 manifeft, yet the kind of difeafe, ftrange, 
 unknown to the people, unacquainted with 
 Phyficians, efpecially fuch as had not been in 
 Italy and Spain, black pimples breaking out 
 over all his body, grievous aches in all his 
 limbs, and intolerable ftink difclofcd 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 pcrfwaded, 
 that there is no adultcrefs, but the fame is alfo 
 a poifoncr. Need we feek for a more fub- 
 ftantial witnefs then Cato, every of whofe 
 fcntcnccs antiquity cfteemed as fo many Ora- 
 cles ? Shall we not in a manifeft thing believe 
 him whofe credit hath in tilings doubtful 
 fo oft prevailed? Lo here a man of fingu- 
 lar uprightnefs, and of moft notable faith- 
 fulnefs and credit, bcarcth witnefs againft a 
 woman burning in hatred of her Husband, 
 and in love with an adulterer, and in both 
 thefe difeafes of corrupt afFe&ions unbridled, 
 untemperable by her eftate, raging by her 
 power, and indulgently following the wan- 
 tonnefs of her wealth. But let us omit old 
 and difeufled things, and let us fever the 
 E credit
 
 Dete6Bort of 
 
 credit of inconftant multitudes from the cafe 
 of Princes. Let us in ib great a matter ad- 
 mit no witnefs, in whom either his eftate 
 may be fufpcded, or his manners may be 
 blamed. What witnclfes then fiiall we ufe ? 
 For by this condition, we may bring forth 
 none under the royal degree of a King or 
 a Queen. 
 
 BUT fuch vile afts are n6t wont to be 
 committed by noble and good men, but by 
 lewd and wicked Minifters. Howbeit that 
 herein alfo the moft precifc may be fatisfied y 
 go to, let us bring forth a royal wimefs. Read 
 lier own letter 5 her letter (I fay ) written 
 with her own hand. What mean thefe 
 words ? He is not much deformed, and yet 
 he hath received much. Whereof hath he 
 received much ? The thing it felf, the diieafe, 
 the pimples, the favor do tell you. Even that 
 much he received, that brought deformity,, 
 forfooth, very poifon. But her letters i name 
 Hot poifon. This is fufficient for me, that 
 it is there faid, that though he received much? 
 he is net much deformed., or, though he be not 
 much deformed, yet he received much. What 
 meaneth this word jet ? What elfe but this, 
 that whatfoever it was that he received, the 
 lame was the caufe of his deformity, which 
 though it were much, yet was it not fo much 
 as to work iiidi 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 reafoabe named in place 
 
 of
 
 of Scots, $i 
 
 of it. Finally whatfoevcr it be that is meant 
 by this word much y it is fuch, as /he her felf, 
 in fo fecret and familiar a letter, dare not call 
 by the right name. Yea, and though we would 
 fhift 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 tb 
 come, ye fhall eaiiiy underftand, what it is 
 that fhe hath done in time pafL Firft me 
 faith, it is needful that he be purged $ then 
 llie determineth to carry him to CragmiUar, 
 where both the phyficians, and (which is 
 more dangerous than any phyfician ) fhe her 
 felf may be prefent. Finally fhe asketh coun- 
 fel of Bothwel, 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 j that is, 
 in a defolatc corner, in a place, by reafon of 
 fmall refort, very apt for a mifchief to be 
 committed. And Medicine he muft ufe, and 
 what* forfooth ? Even the fame whereof he 
 had before received much. How fhall that 
 appear ? She will have the manner of mini- 
 firing the medicine to be fecret. If it be to 
 heal him, what needs that fecrccy > Why is it 
 not adminiftred openly, in a known and po- 
 pulous place ? Now he is eafed of his fick- 
 nefs, lufty and healthy, why is he purged in 
 an unufual manner, and in an uninhabited 
 corner ? But perhaps it was a ftrange kind of 
 E 2 difaefg.
 
 52 ^A Detection of 
 
 difeafe, it had need of ftrange remedies. What 
 Phyficians then called fhe to counfel? To 
 whom is this charge committed to feek 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 bcafts, whofe 
 houfe was in France defamed for poifoning, 
 and whofe fervants were there for the fame 
 caufe, fome tortured, fome imprifon'd, and 
 all fuipe&ed. When was he appointed to re- 
 ceive this noble medicine? Either at his ba- 
 thing, where he fhould wafh alone, or after 
 his bathing where he fhould fup alone. So for- 
 footh are medicines accuftomed to be provid- 
 ed by enemies, in a fecret place, without wit- 
 nefles. That therefore while an adulterer, an 
 adulterefs, and the partner of his Wife's body, 
 curioufly prepaireth, and fecretly mininreth ; 
 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, 
 how obftinate it was againft her husband, 
 whom me thruft among thieves, whom Ihe 
 pradifcd to match in feud and battei with the 
 Nobility and with her brethren, who were 
 both naked and poor, loden with defpights, 
 vexed with railings, aflailed with poifon, me 
 drove him away into a folitary corner, there 
 to die with the extreameft torment. Now 
 let us proceed to the other caufes. 
 
 THIS hatred itfelf was of itfelf fufficient 
 to prick her forward to her enemies flaugh- 
 
 ter,
 
 MARY Qyeen of Scots. $3 
 
 tcr, often fought, once attempted, and al- 
 moft atchicved. Yet was there befides, a 
 ftrongcr enforcement, itfclf able to enflamc 
 her hatred, I mean the love wherewith fhe 
 intcmperately fancied Bothwel: Which love, 
 whofoevcr faw not, and yet hath fccn him, 
 will, perhaps, think it incredible. For what 
 was there in him, that was of a woman of 
 any honeft countenance to be dcfired ? Was 
 there any gift of eloquence, or grace of 
 beauty, or virtue of mind, garnifhed with 
 the benefits, which we call, of Fortune? 
 As for his eloquence and beauty, we need 
 not fay much, fith they that have feen 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 ulc of plcafures, tem- 
 perate. For wifdom, even they that be mofl 
 affectionate unto him, dare not charge him 
 with it. Of valiantnefs indeed he labour'd 
 to win fome eftimation, but among horfc- 
 mcn, on a fwift fteed well mounted, well 
 provided for his own fafcty ; a beholder of 
 other Men's fighting, fometime hardly cha- 
 fing them that fled ; but his face toward him 
 near at hand, he never dui'ft abide. Will ye 
 ' have an example of his excellent valiantnefs ? 
 Of a thief, a notable coward, whom being 
 E 3 yield-
 
 $4- c/4f Detection of 
 
 yielding, and unawares he had deadly wound- 
 ed, he was thrown down to the ground, 
 hurt, bruifed with dry ftrokes, and had been 
 quite (lain, if the poor thief's ftrcngth, be- 
 ing ready to die, had not failed him. I could 
 rehearfe his glorious vain braggeries in France, 
 I could tell of his laft fearful flight as far as 
 to "Denmark 3 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 (laughter of the King. 
 The armies flood ready in array, Bothwel in 
 in number of Men was equal, in place had 
 the advantage 5 there ftood before him, to 
 be his reward, being vanquifher, a Queen 
 much fancying, and entirely loving him > a 
 kingdom, wealth, and honour, for him and 
 his pofterity 5 moreover, impunity for his 
 offences paft, 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 qther fide, if he were vanquifh- 
 ed, difhonour, poverty and banifhment ; fi- 
 nally, all things that thereafter happen'd, or 
 hereafter may happen, were then before his 
 eyes. There were alfo prefent, beiide the 
 two armies, beholders and witnefles of each 
 man's valiantnefs and cowardice, the Queen, 
 the price of the battcl, and Monficur de 
 Croc, the EmbafTador 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 ^ueen of Scots. 5 5 
 
 came bravely before the army. There the 
 man, foriooth, very Iparing of his Country- 
 men's blood, and lavifh of his own, calletk 
 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 e- 
 ftates, that oflfer'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 vcncrous pigeon to give battel, he 
 had fail'd to find, not only a mean, but 
 alfo 311 hoaeft colour to refufe to fight, 
 and b tfre combat was interrupted ; yet 
 in the joyned battel he behaved himfelf fo 
 valiantly. Forfooth, the firft man, almoft 
 at the beginning, and alone, he ran his way, 
 and fo at length drew the reft of his part 
 to flee after him. 
 
 BUT his defaults in martial feats, perhaps 
 the man was fupplicd with civil virtues : 
 Alas ! what were they ? 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 houfc, in drun- 
 kennefs and whoredoms, amongft moft vile 
 miniftcrs of diflblutc mifordcr. After that 
 he was grown towards man's cftate, at dice, 
 and among harlots, he fo wafted a moft good- 
 ly large revenue of his inheritance, That (as 
 fhe Poet faith) at Ins need be bad not left 
 E 4 where-
 
 of Dete&ion of 
 
 wherewith to buy him a halter to hang 
 himfelf. He, 1 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 fay, 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 Husband. What was it then that 
 joynM fo unequal love, and fo far againft rea- 
 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 feem an 
 untrue caufe of their love. Neither am I 
 willing to enter into that difcourfe. Nei- 
 ther do I affirm the rumours fpread of her 
 in France, in time of her firft marriage : 
 Howbcit the wickedneffcs of the reft of her 
 life make fome proof that they rofe not all 
 of npthing. And many things that have been 
 noifed pf her fince her return into Scotland, 
 I have no mind to believe. As for my part 
 I am content they be buried in forgetful nefs, 
 or if that cannot be, let them be taken for 
 falfe and feigned. Neither is it neceiTary,
 
 MARY Qyeen of Scots. 
 
 over-curioufly to examine caufes in love, 
 which is ufually ib carried with a rafh violent 
 motion of a muddy and troubled mind, that 
 for the moft part it endeth in madnefs, whicri 
 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, for there was in them both 
 a likenefs, if not of beauty, nor outward 
 things, nor of virtues, yet of moft extream 
 vices. She a young Woman, fuddenly ad- 
 vanced to the higheft degree of authority, 
 when flic had never feen with her eyes, heard 
 with her ears, nor confidered in her heart the 
 form of a Kingdom governed by Law, and 
 thereto was furnifhed with the untemperate 
 counfels of her Kinfmen, who themfelves 
 practifcd to fet up a tyrannous rule in France, 
 endeavoured to draw right, equity, laws and 
 cuftoms of Anceftors to her only beck and 
 plcafure. 
 
 O F this immoderate defire, there burft out 
 from her many times, many words diiclofmg 
 it. This fhe ftudicd day and night 5 but a- 
 gainft this defire, there withftood the cuftom 
 of the country, the laws and ftatutes, and 
 principally the confcnt of the nobility, who 
 remaining fafe, fhc could never attain it. To 
 the end therefore that fhe might be able vio- 
 lently to atchieve it, fhe determined by force 
 to remove all that ftood in her way. But fhc 
 
 wift
 
 $8 c/ Detection of 
 
 wift not well, by what means, or by whofe 
 help to attempt it. 
 
 F F A u D was the way to work it, for o- 
 therwife it was not pollible to be obtained, 
 For this purpofe, therefore, Bothwel only 
 feemed the fitteft man, a man in extrcam 
 poverty, doubtful whether he were more vile 
 or wicked, and who between factions of fun* 
 clry religions, defpiftng both fides, counter- 
 feited a love of them both. He, when he 
 had once before offered die Hamilton* his 
 fervice to murder the Earl Murray, gave there- 
 by a likelihood, that upon hope of greater 
 gain, he would not ftick to adventure fomp 
 greater cnterprize, being one whom the ruin 
 of his own decayed family prick'd forward 
 headlong to mifchief, and whom no refped 
 of godlinels or honefly rcftrain'd from ungra- 
 cious actions. As for excefllve and immode- 
 rate ufc of lechery, he therein no lefs fouglif 
 to be famous, than other men do ihun dif- 
 honour and infamy. She therefore, a woman 
 greedily coveting untcmpercd authority, who 
 cfkem'd the laws her prifbn, and the bridle 
 of juftice her bondage, when flic law in her 
 husband not metal enough to trouble the ftate, 
 fhe picked out a man for her purpofe, who 
 neither had wealth to lofe, nor fame to be 
 ftained; evenfoch an one as flic might ca- 
 iily overthrow again, if fhe fhould once grow 
 weary of him ; fuch a one as fhe might 
 fnare his incontinence with wanton 
 
 al-
 
 MARY <j)yeen of Scots. 59 
 
 allurements, fatisfy his need with money, and * 
 bind his afliiredncls to her with a guilty con-' 
 fcience, confederate in mifchiefs. Thcfe be 
 the fountains of that fame, not unmeafurablc, 
 but mad love, infamous adultery, and vile 
 parricide, wherewith, as with a pledge, that 
 bloody marriage was plighted. Thefe 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 mod guiltlefs of the fault might ba 
 thruft in their place, as facrifkcs to appeafc 
 the people's difpleafure : If not, to what end 
 then fervcd that battel which was almoft be- 
 gun to be fought between the King and the 
 Lord Robert her brother ? To what end tend- 
 ed thofc feeds of difcord that were fcattered 
 between the King and the nobility ? Where- 
 fore did flic fo curioufly intreat the Earl Mur* 
 ray to flay with her the day before the mur- 
 der was committed ? Or what caufe was there 
 to fend for him ? There was an Embafiador 
 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- 
 baflador of Savoy, being bidden too late to 
 the chriflcning, came when all was ended, 
 
 not
 
 60 <-/f DetedHon of 
 
 not for an Embafiador to the chriftening, 
 but as one fent to excufe the neglefting of 
 doing that kindnefs, when both he liked not 
 to fend 16 far for fo fmall a matter, and he 
 was fomewhat afhamed to have failed in pre- 
 fence, when the frenchmen and Englijhmen 
 had already done it. For the more honoura- 
 ble difmiffing of him, the Earl Murray was 
 fent for, and that with fundry melTengcrs, 
 to come from his wife that lay a-dying. 
 What need was there then of his prefence ? 
 To draw him to be a party in conipiracy of 
 the (laughter ? Why was it never attempted 
 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 
 fcllowfhip, as a light man, inconftant, and 
 fhifting his purpofes at every moment of time, 
 infamous in his former life, and not well 
 affured in his prefent eftate? No, there is 
 none of thefe things that they yet dare fay 
 of him. Seeing then they cannot imagine 
 a falie caufe to fiay him, what was the true 
 caufe indeed every man may eafily gather; 
 even the fame that caufed firft the Earl of 
 Athol, and afterwards him to depart from 
 the cour,t ; the fame that fo brought him in 
 danger of death ; the fame that had flander'd 
 him with falfe rumours fcatter'd in England ; 
 the fame that perfecuted him with infamous 
 libels of the murderers themfelves j the fame 
 that made him to ehufe rather to go into 
 
 banifh-
 
 MARY tjtyeen of Scots. 61 
 
 baniflimcnt, than to remain in court among 
 ruffians weapons, with great peril of his 
 life. 
 
 BUT what availcth this equity of the caufe 
 before hearers, cither utterly ignorant of the 
 matter how it was done, or of themfelves 
 diflavouring this part ; are envious, or apt to 
 be carried away with feigned rumours ; which 
 cftcem the (landers of molt lewd flight per- 
 fons for true teftimonies, and give credit to 
 thcie men, who boafting, at home, that they 
 are able to do what they lift, yet neither dare 
 commit their caufe to the fentencc of the 
 judges, nor were able to defend themfelves 
 in battcl ? And as by a guilty confcicnce of 
 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 advcrfaries, and dcfpifc 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, cavelling, and lying, whom but yet 
 for the good will that 1 bear to my Country- 
 men, 1 would advife to ccafe from this folly, 
 or fury, or difeafe of evil fpeaking, left in 
 time to come, when truth fhall (nine out, 
 they fhut up 'and ftop with hatred of them 
 thofe pcrfons ears to their petitions, whom 
 
 now
 
 6i ^A Detection 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 fhining, Co 
 lies at the light of truth mull 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 occasions and fealbns were in their 
 own power : And to hide the fact, what need- 
 ed they ? When they feared no punifhment 
 although it were publifhed? for what pu- 
 niihment could they fear in fo ftrong a con- 
 {piracy? when 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 fact, or carried with 
 hope, or foreftalJed with rewards, or difcou- 
 raged and bridled with fear of fo great a 
 power on the other part ? But howfocver this 
 be, yet it will be good to fee throughly both 
 the order of the doing, the unadvifednefs , 
 inconftancy, and end of their devifes. For 
 thereby mall ye perceive, that there" wanted 
 not defire to hide the fad, but that the fury of 
 a diftraded mind overthrew all the order of 
 their counfels, while fomctimc, as defirous 
 to beguile publick fame, they^ endeavoured 
 to keep clofe their intended mifchief, yet 
 they dealt therein fo openly , as earelefs of 
 
 their
 
 MARY $een of Scots. 6 5 
 
 their cftimation, they fecmed to make fmall 
 account how men judged of their doings. 
 For at his preparing to go to Glafcow, the 
 poifon was given him fecrctly, and they 
 thought they had fufficiently well provided 
 that he fhould in his abfcnce 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 fuipeded for poifoning. For he, 
 her Husband, the father of her only and firft- 
 born child? the father, I fay, of that fon, 
 whofc 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 Gfaforw, of a dange- 
 jrous ficknefs, likely to die, what did his ex- 
 cellent good wife the while ? What did fhe ? 
 At the rirft news of it, did fhe haft to him in 
 poft? Doth fhe with herprefence, 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 other kind duties of 
 honeft 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, me goeth a quite contrary way 
 ito another country in progrcls, and, with 
 
 her
 
 Detedtion of 
 
 her fair Adonis, fhe vifiteth noblemen's houfes, 
 and ftaineth the houfes that harbour'd them 
 with the fpots of their unchaftities ; and juft 
 about the time of her husband's death (as flic 
 guefs'd by the ftrength and working of the 
 poyfon) fhe returns to Sterlin. When the 
 matter wrought not fo faft as fhe expected, 
 (for the ftrength of his youth had wreftled 
 with the forenefs of his pain) left fhe 
 fhould feem to have altogether forfaken her 
 duty, fhe daily prepares to go to Glafco\z', 
 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. Yet 
 were they not fully advifed with what kind, 
 of death he fhould be murder'd 5 which may 
 cafdy be gathered by her Letter, wherein fhe 
 partly comparcth herfelf to Medea, a bloody 
 woman, and a poyfoning witch. Alfo by 
 another of her Letters, wherein fhe asketh 
 advice about the poyfoning of him. 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- 
 times he defpair'd not of her reconciliation, 
 yet was evermore fearful and fufpitious. But 
 when he faw that neither his life nor his 
 
 death
 
 MARY Q&een of Scots. 
 
 death were in his power, he was conftrain'd 
 to purfs; up his paft injuries, to diilemble 
 his prefcnt tear, and to feign himlelf fome 
 hopes for time to come. So was he led out, 
 not as a husband, but carried out as a corfc^ 
 or rather drawn, as it were, to the Gambles; 
 The Queen, glorioufly {hewing herielf in 
 pompous manner, goeth before in triumph 
 over the young Gentleman, vexed with all 
 kind of miferies, tormented with poy(bn> 
 entrapped with treafons, and drawn to exe- 
 cution. There follows after the triumphant 
 carr, the antient enemies to his father's houfe^ 
 brought thither on purpofe, that they alfo 
 might feed their eyes with that woful fpcc- 
 tacle ; and, whofe death, at hand, they look'd 
 for, they might in the mean time take, plea;- 
 furc of the forrow of his heart. And, that 
 no ceremony of folemn facriftces might be 
 wanting, John Hamilton, Archbifhop of 
 St. Andrews, was prcfent as their pricft, a 
 man before defiled with all kind of wicked- 
 ncfs, pampered with the fpoils and murders 
 of his countrymen, ah old conqueror of ma- 
 ny murdering victories. The people all along 
 the way, looking piteouily, fhew'd a fore- 
 telling of no good luck to come. The Queen's 
 companions could neither tell their fadncis, 
 nor hide their gladneis; when the heinous 
 outrage of the vile fad intended, held their 
 unmeafurable joy in fufpence, upon expecta- 
 tion of the iuccefs. Thus led they him to 
 F Edtn-
 
 66 A Detection of 
 
 Edinburgh >, not into the Queen's palace. Why 
 fo ? Left the infedion of the peftilent difcafe, 
 forfooth, might hurt her young fon 5 as tho' 
 they that be poyfoned were alib to be fhun- 
 ned for fear of infection. But the truer caufe 
 was this, left his prclence fhould trouble 
 them, in interrupting their free enjoying 
 their pleafures, and their confultations about 
 his murder. Whither then is he led ? Into 
 the moft defolate part of the town, fomc- 
 time inhabited, while the popiih pricft s king- 
 dom lafted, but for certain years paft with- 
 out any dweller ; in fuch a houie, as of it- 
 felf would have fallen down, if it had not 
 been botched up for the time to fcrve the 
 turn of this night's facrifkc, Why was this 
 place chiefly chofen ? They pretended the 
 wholefomncfs of the air. O good God ! 
 going about to murder her husband, fceketh 
 fhe for a wholefom air ? To what ufe ? Not 
 to preferve his life, but to refer ve his body to 
 torment. Hereto tend her wifely, diligent 
 attendance, and her laft care of her husband's 
 life. She fcarcth left he fhould, by prevent- 
 ing death, be delivered from pain, fhe would 
 fain have him feel himfelf die. But let us 
 fee what manner of wholefomnefs 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-fide 
 a monaftry of dominick fryars : On the weft 
 a church of our Lady 5 which, for the defo- 
 
 latcnefs
 
 MARY lueenof Scots. 67 
 
 latenefs of the place, is called The church 
 in the field : On the fouth-fide the town- 
 wall j and in the fame, for commodious paf- 
 fage every way, is a poftern-door : On the 
 north-fide are a few beggars cottages, ready 
 to fall, which fometime fervcd for Hews for 
 certain pricfls 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 
 ftone's caft diftant, and that alfo flood void. 
 Thither removeth the Archbifhop of St. An* 
 drews, who always before was ufcd to lodge 
 in the moft populous parts of the town : He 
 alfo watched all that night that the King was 
 flain. Now I befeech you, ftth you cannot 
 with your eyes, yet at leaft with your minds 
 behold, a 4 houfe 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 andf arrifon of his enemies, that ftood 
 right over-againft the door; by which, if 
 any man fhould 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 mif- 
 F z chief
 
 68 A Detection of 
 
 chief and treachery ? Secmeth here a King 
 to have gone into a houfe for lodging, or 
 to be thruft into a den of thieves ? Was not 
 that defolate waftenefs, that unhabited place, 
 able of itfclf to put fimple men in fear, to 
 make wifer men fufpitious, and to give 
 wicked men Ihrewd occafions ? What meant 
 his enemies unwonted repair into thofe parts, 
 and watching all night, in manner, hard at 
 his gate ? Why chofe he now this place for 
 his lodging againft his former ufage ? The 
 -houfe, yc will fay, was empty, and his bro- 
 ther's houfe, 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 
 ncarnefs to the court, and thruft yourfelf in- 
 to a defolate corner ? What profit, whar 
 commodity, what pleafure herein refpcd 
 you ? Was it your meaning, that you, being 
 one that ever had been a greedy coveter of 
 popular fame, and catcher of courtiers with 
 baits of good chear, now would of your 
 own accord go hide yourfelf in a blind 
 hole out of all company and refort ? that 
 you, rather overwhelmed than laden with 
 plenty of benefices, went thither to delight 
 your heart in the mine of temples > But be 
 it that your coming thither was but by 
 chance, and that you had fome caufcs ta 
 go thither, though not true, yet fomewhat 
 likely. 
 
 WHAT
 
 MARY Qyeen of Scots. 
 
 WH A T meant your unwonted watching 
 all night ? What meant the fearful murmur- 
 ing of your lervants that night, whom yet 
 in that publick tumult you commanded, not 
 once to fh'r out of doors ? But what caufe 
 had they to go out? Was it to have un- 
 dcrftanding of the matter whereof your felf 
 were an author and devifer? No, for out of 
 your own watch-tower, you heard with your 
 ears the noifc of the ruin, you law the fmoak 
 and allies 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 noic. Perhaps you meant to fend 
 out fomc to receive them that fled ; but you 
 law no man flee. And therefore the lights 
 that were feen out of the higheft part of your 
 houfe all the night long ; were, as upon the 
 lucky ending of the thing that you looked 
 for, even then fuddcnly put out. 
 
 BUT let us return to the King. They 
 thought it not enough to have fet open the 
 poftern in the wall, to let in thieves thereat, 
 nor to have let an ambufh before the door, 
 that none fliould efcape, but allb they kept 
 with themfclvcs the keys of two doors, the 
 one of the lower room, where they had un- 
 dcrmincd 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 thole few fcrvants that 
 he had, they withdrew the greater number, 
 F 3 being
 
 70 A Detection of 
 
 being fuch as were before fet about him, not 
 fo much to do him fervice, as to be fpies of 
 his Cecrets, and carry news to the Queen. The 
 Jaft that was left , one Alexander 'Durain, 
 when he could find no reafonable excufe to 
 depart, was thruft out by the Queen her felf. 
 She in the mean time, meaning not to fail 
 an playing her part, while Bothwel is in pre- 
 paring the tragical ftage for the murder, daily 
 vifiteth the King , his heart paiTioned with 
 love, fometimes (he- comforteth with fweet 
 promifes, fometimes {he 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- 
 iheus his liver daily growing to invent new 
 torment, is daily knawn and preyed upon by 
 an Eagle. For after the very fame manner, 
 fometimes me cherifheth and refrefheth the fil- 
 ly young Gentleman, to no other end, but 
 that he may have life remaining to iufEer more 
 forrows. 
 
 Now, I befeech you every one, think 
 with your felves upon the frefh doing of the 
 fact, how mens hearts were moved, when 
 even now thefe things cannot be heard re- 
 ported without indignation. There was pro- 
 vided by the moft wicked man in the world, 
 by his enemy, by his wife's adulterer, a houlc, 
 in mariner fevered from all concourie of peo- 
 ple, fitter for a flaughterhoufe, than for mans 
 dwelling ; Jt is provided for a young Gentle- 
 man
 
 MARY yeen of Scots. 7 1 
 
 man, improvident by youth, eafie to be trap- 
 ped in treafon by love, fpoiled of his fervants, 
 forfaken of his friends : A houfe' ( I fay ) torn, 
 folitary, on every fide, not alib unclolc, but 
 open to pafs through, the keys thereof in his 
 enemies cuftody, no man left within but a 
 young man, not yet recovered of fickncfs, 
 and an old man feeble by age, and two ftran- 
 gcrs unacquainted with the places, matter and 
 pcrfons, no man dwelling near but his ene- 
 mies and thieves. But as for danger of thieves, 
 the good fore-cafting woman had well provid- 
 ed, for fhe had left him nothing to allure a 
 thief withal : And as for his enemies, fhe had 
 appointed them to be but lookers on, and not 
 part-players in this tragedy ; but the glory of 
 the facl: fhe rcfcrvcd to her fclf and Both- 
 wtf. 
 
 WHAT in the mean time doth the Queens 
 great carefulnefs? What mcancth her un- 
 wonted retort : What her malicious, and not 
 obfequious diligence? She vifitcth him daily, 
 flic prolongeth her talk with him many hours 
 together, two nights flic rcftcth in a lower 
 chamber under him, ( if guilty conic iencc of 
 moft heinous doings can from torments of fu- 
 ries fuflfcr that outragious heart to reft at all.) 
 She feared much, left if the lower place of 
 the houfe were left empty, the noile of the 
 underminers working, and of the bringers in 
 of the powder, fhould bring fome of the fer- 
 vants into fome fufpition of treachery. Bc- 
 F 4 fide,
 
 72 A Detection of 
 
 fide, fhe had a mind to fee the thing done 
 her felf, rather than to commit it to the truft of 
 any other. She had a defire to take a forc- 
 taft of the joy to come, and when fhe could 
 not with her ears, yet at leaft with her heart,, 
 to conceive aforehand the fire, the fmoak, the 
 powder, the crack of the houfe failing, the 
 fearful trouble, the tumult, the confufed dif- 
 maidnefs of the doers, the thieves, and the 
 people. All things thus prepared for that dole- 
 ful night, then entreth {he into the laft care of 
 her good fame : She endeavoureth to divert 
 all fufpitions from her, fne goeth to her huf- 
 band, fhe kifleth him, fhe giveth him a ring 
 for a pledge of her love, fhe talketh with him 
 more lovingly than fhe was wont to do, and 
 promifeth more largely, fhe feigneth that (lie 
 had a great care of his health, and yet her conir 
 panying with her adulterer fhe iurceafeth not. 
 THEY that more nearly noted thef e things, 
 prognofticated no good thing to come. For 
 how much greater tokens that the Queen 
 fhewed of reconciled arredion, fo much the 
 more cruelty did every man in his heart fore- 
 conceive of all her intentions For elfe whence 
 cometh that iudden change, fo great care for 
 him, whom, fhe had poiibned the month be- 
 fore, whom even lately fhe not only wifhed 
 dead, but defired to fee him die > whofe death 
 fhe fet her brother, yea, both her brethren to 
 procure ; and fhe, like a mafter of mifchief, 
 tliruft forth the King to fight, and herfelf in 
 
 the
 
 MARY ^ueen of Scots. 7 3 
 
 the mean time prepared for his burial? Not 
 pad a tew months before, fhc her felf was dc- 
 Jirous to die, bccauic llie loathed to fee the 
 King alive. Whence Cometh now this Hid- 
 den care of his health ? I looked fhe fhould 
 fay, fhc was reconciled to him. Were you 
 reconciled to your husband, whom you lent 
 away into that defart, that camp of furies, as 
 the Poet callcth it? For whom, among 
 Brothel-houies of harlots, among beggers 
 cottages, among thieves lurking-holes, you 
 prepared a houfc fo open to pafs through, that 
 you left therein more entries than men to 
 fhut them ? You that allured and affcmbled 
 Ruffins to his (laughter, and thieves to his 
 fpoil ? You that drove away his fervants that 
 mould have defended his life ? You that thruft 
 him out naked, alone, unarmed, among 
 thieves, in danger to be (lain ? When in all 
 this miferable ftatc of your husband, your a- 
 dultcrcr 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 God, it had 
 been for a mocking ftock only ? Of his other 
 fervants 1 enquire not. I do not curioufly 
 queftion why they went away, why they then 
 forfook the King, when he chiefly 
 
 need-
 
 74 A Dete&ion 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 filencc, whom 
 you had for his keeper, and your fpy. What 
 was there for 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 ? 
 Feared fhe left he, a young Gentleman, beau- 
 tiful, and a King, fhould caft wanton eyes 
 upon fome other woman in her abfence ? No, 
 God wot. For that was it that f he moft dcfi- 
 rcd. For fhe herfelf had praftifed to allure 
 him thereto before, fhe herfelf had offered 
 him the occasions, and of herfelf fhewed him 
 the means. This was it that moft grieved her, 
 while fhe was feeking caufes of divorce, that 
 fhe could not find in him fo much as any 
 flender fufpition of adultery. Why then were 
 fpics fct about him to watch him ? Was it not 
 that none of the Nobility, none of his fer- 
 vants, nor any ftranger at all fhould come at 
 him, that no man fhould Ipeak with him, 
 that might difclofe the treafon, and forewarn 
 him of his danger ? This fame very Alexan- 
 der ', how carefully fhe faveth, when fhe go- 
 eth about to kill her husband ? How late fhe 
 c ndcth 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 ^een of Scots. 7 5 
 
 there was none of the minifters that were 
 privy to her fecret counfels left behind, buf 
 only Alexander. He, when he faw that 
 night, no lefs doleful than fhanieful, to ap- 
 proach, prepareth, as himfelf thought, a fine 
 iiibtle cxcufe to be abfent, fo as rather chance 
 might feem to have driven him out, then li 
 himfelf willing to have forfaken his Mafter. 
 He putteth fire in his own bed-ftraw, and 
 when the flame fpread further, he made an 
 out-cry, and threw his bedding, half ftnged, 
 out of the King's chamber. But the next 
 day, when that excufe fcrved not fo handfbm- 
 ly as he defired, for that in the Queen's hear- 
 ing, the King very fweetly entreated him not 
 to leave him alone that night, and alfo dc- 
 lircd him to lie with himfelf, as he had often 
 ufed to do, for the King entirely loved him 
 above all the reft , 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 ferve him, 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 bcft for him : And forth- 
 with, as foon as the word was fpokcn, he 
 >vent his way. I will not here precifely trace 
 put all the footings of thefe wicked doings ; 
 
 neither
 
 7 6 A Detection of 
 
 neither will I curioufly enquire, whether that 
 former days foe 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 
 Specially refufe it. Let us liippofe that fick- 
 nefs was the caufe thereof. This only one 
 thing I ask, what kind of ftckncfs it was, that 
 came upon him at that very inftant, and be- 
 fore morning left him again, without any Phy- 
 ficians help, and whereof neither before, nor 
 fmce, nor at that prcfcnt, there ever appeared 
 any token ? But 1 truft, though he hold his 
 peace, ye all fufficiently underuand 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 Ipy and tale-bearer, now a foriaker 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 bcftow that one facrifice upon 
 her husbands funerals ? While thefc things 
 were in doing, the night was far paft, and my 
 Lady Rercfe, a lufty valiant fouldierefs, be- 
 fore fign given, cometh forth into the field out 
 of array, abroad fhe goeth, getteth her to 
 horfe-back, and though fhe were fbmcwhat 
 afraid, as one that foreknew the ftorm to 
 come, yet fhe fate ftill upon her horfe, tarry- 
 ing for the Que^n, but yet a good pretty way 
 from the houfc. In the mean time "Pan* 
 
 cometh.
 
 MARY lyeen of Scots, 77 
 
 comcth. Then the communication brake, 
 and they rofc 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 $ foriboth, that 
 the Queen had not danced at the wcdding- 
 feaft of Sebaftian the minftrel and vile j carter, 
 that me fate by her husband, who had not yet 
 fully recovered his health, that at the ban- 
 quet of her domcftical Parafitc, flic had not 
 played the dancing skit. A matter furely 
 worthy of excufc. But what fhould me elfe 
 do ? She muft needs go, as foon as flic faw 
 "Paris ; for Ib it was agrccd,and fomewhat muft 
 needs be pretended. How happened it that 
 the other nights before, when flic went away 
 earlier, flic made no excufe at all, and now 
 her departure about midnight, muft needs 
 have an excufe allcdged > But be it fo, could 
 flic remember no better cxcufc than Sebajli- 
 ans wedding ? No, no, I fay to the contrary, 
 that if flic had left the wedding of her own 
 natural brother, or her filler, to viiit her huf- 
 band, though but a Ijttle crafed, flic had had 
 a juft excufc before all men fo to do. What 
 if flic had done the fame 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 ncgleclcd duty, fome- 
 what
 
 78 A Detection of 
 
 what licth hidden, and yet not fo hidden, 
 but that it appeareth through the clofure. 
 
 THIS overmuch precifenefs of diligence, 
 cxcufing where no need is, hath fome fuf- 
 picion of fome fecret mifchief that you are 
 loath to have difclofed, and the flightnefs 
 of the excufe, encreafeth the fufpicion, e- 
 fpecially when there were other matters e- 
 nough that {he might better have alledgcd : 
 But let us admit the excufe, fince the Queen 
 herfelf hath thought it reafonable ; Whither 
 then goeth {he ? ftraight into her chamber. 
 What doth me next ? wearied with the 
 day's travel, and the night's watching, go- 
 eth (he to bed ? No ; but me falleth to talk- 
 ing with Bothwel firft almoft alone, and 
 afterward alone altogether. What talk me 
 had, the matter itfelf declareth : For Both- 
 wely after that he had put otf his deaths, 
 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. But men's wits befet with 
 guiltinefs of mifchiefs, do commonly be- 
 wray themfelves 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 confeflions of the guilty per- 
 fons, and other things that followed the mur- 
 
 der,
 
 MARY Qgeen of Scots. 79 
 
 der, do declare. After the great uproar in 
 the town about it, he, as one utterly igno- 
 rant of all, rcturneth through the lame 
 watch to bed. When noife of the ruinc 
 had filled all men's ears, and the crack of 
 it had fhakcn all the houfes, only the Queen 
 intcntive to expectation of the chance, and 
 broad awake, hcareth nothing at all, and 
 Both'zsel hearcth nothing, O marvellous 
 dcafnefs ! All other throughout the town, 
 as many as were awake were afraid, and 
 as many as flept were awaked. At the laft 
 Bothwel rifcth again, and in the fclf-fame 
 cntciiudc, by fuddcnly ftiifting from the 
 poet, becometh a meflengcr, he runneth to 
 the Queen, and thither relbrted many others 
 alfo that lodged in the palace. To fbme 
 the matter Iccmcd true, to fome feigned, 
 to fome marvellous. What doth the Queen 
 the whilft ? What fliouM me do ? She tem- 
 perately broodcth good luck, fhe reftetU 
 fweetly till the next day at noon : Yet, the 
 day following, to obferve decorum, and 
 comely convenience in her part, without 
 marling the play, fhe counterfeited! a mourn- 
 ing:; which yet neither her joyfulnefs dwel- 
 ling withal in heart fuffereth long to be 
 feigned, nor fhame permittcth to be wholly 
 negledcd. Thcic things thus lying open 
 before your eyes, thus palpable with hands, 
 thus raft imprinted in mens ears and know- 
 ledge, ftand we yet enquiring for the author 
 
 of
 
 8o A Detection of 
 
 of the murder, as though it were doubtful \ 
 But, ye fay, the Queen denieth it. What 
 denieth file ? forfooth, that fhe did the mur- 
 der : As though there were fo great a dif- 
 ference, if one fhould be the author, or the 
 executioner ; yet he commands it, and com- 
 mits it : She gave her counfel, her furthe- 
 rance, her power and authority to the do- 
 ing of it. Neither is the caufe unknown 
 why fhe did it i even that the fame filrhy 
 marriage with Bothwel might be acconi- 
 plifhed. Though all which arguments, and 
 fo many witnelles of them that were privy 
 to it, failed 5 yet by her own teftimony, by 
 her own letters, it muft needs be confcfTcd. 
 And though all other things wanted, thefe 
 things that followed the murder do plainly 
 declare the doer, namely, that at the flaugh- 
 of her husband me forrowed not, but qui- 
 etly refted, as after a gay enterprize well at- 
 chieved ; that fhe mourned not, but in man- 
 ner openly joyed ; that fhe could abide, not 
 only to look upon his dead body, but alib 
 greedily beheld it 5 that fhe fecretly in the 
 night buried him without funeral pomp, or 
 rather hid him like a thief: for that fame fo 
 inconftant counterfeiting or mourning did 
 plainly bewray itfelf. For what meant that 
 'removing to Setons? Why fhunned fhe the 
 town's refort, and people's eyes ? Was it be- 
 caufe fhe was afhamed to mourn openly ? 
 or becaufe fhe could not well cloak her joy ? 
 

 
 MARY ^ueen of Scots. 8 i 
 
 or fecrctly to give herlclf all to forrow ? 
 No, for at Setons me threw away all her 
 difguifed perfonage of mourning 5 me went 
 daily into the fields among ruffians 5 and 
 not only reforted to her former cuftom> 
 but alfo affc&ed to cxercife manly paftimcsi 
 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 Mdnfieur de Croc, 
 that came upon her fo unfealbnably, and 
 (hewed 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 lay, there was a folemn 
 enquiry for the murder. Forfooth, by Both- 
 wet himfelf principally, and by fome other 
 that then laboured, and yet at this day do 
 labour to deliver the perfons guilty thereof, 
 from punifhment of law, and do now plain- 
 ly fhcw what they then fccretly . meant. 
 But with what diligence, with what upright 
 fcvcrity 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 fecn and heard, and 
 if they touched any thing near the matter, 
 either they were with fear put to itlence", 
 or dcfpifed as of no credit : the wifcr fort of 
 G them
 
 82 ex/ Deteaion of 
 
 them durft not offend Bothwel, that fate 
 among the judges. One or two of the 
 King's fen'ants, that efcaped the mifchance, 
 were examined which way the murderers 
 came in. Forfooth, fay they, we had not 
 the keys. Who then had them \ It was an- 
 fwcred, that the Queen had them. So be- 
 gan the fecrcts of the Court to break out. 
 Then was that enquiry adjourned, and never 
 recontinued. What can be more fevcre 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 
 lupprelTed, burft forth ; and that which they 
 cloaked in fecret, it brcakcth out into broad 
 light. But there was a proclamation fct forth, 
 with pardon of the fad, and promifc 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 witnefs, or 
 give information againft the judges thcm- 
 felves, in whofc power lay his life and death ? 
 It was likely, forfooth, that they which had 
 murdered a King, would (pare him that 
 fhould difclofe the murderer, efpccially when 
 all men faw that the enquiry of the King's 
 (laughter was quite omitted, and the other 
 enquiry fevcrely purfued concerning books 
 accufing the (laughter. What manner of 
 judgment it was whereby Bothivel was ac- 
 quitted, you have heard. Forfooth by him- 
 
 fdf
 
 MARY Qgeen of Scots. 8 3 
 
 fclf procured, the judges by himfelf chofen* 
 the accufers by himfelf fuborned, lawful ac- 
 cufcrs 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 die 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 
 flain. Here, when Both'^el by his friend- 
 hip and power, and the Queen by prayer 
 and thrcatning travailing with the judges, do 
 you now expect what fentence men, chofen 
 againft law, and againft the cuftom of the 
 land, have pronounced \ In their judgment, 
 they touched the matter nothing at all ; 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 underftand what 
 it was that they fought by fword, fire and 
 poyfon, they jumble up marriages; one is 
 divorced, another is coupled, and that in 
 fuch pofting fpeed, as they might (cant have 
 halted to furnifh a triumph of fome noble 
 Vidory. Yet, that in thefe unlawful wed- 
 dings fome fliew of lawful order might be 
 obferved, the goodly banes were openly pro- 
 claimed. For publiihing whereof, though 
 the miniftcr of the church was threatned 
 G 2 with
 
 84 ^d DetedH'ori of 
 
 with death if he did it not, yet, at the ti hie? 
 of his publifhing, himfelf openly protefted, 
 that he knew caufe of exception, why that 
 marriage was not lawful. But in fuch a 
 multitude aflembled, how few were they 
 that knew it not? iith all could well re- 
 member that Botbwel had then alive 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 ; but (as they do- ufe in Enterludes) 
 they provided a certain (hew, or difguifed 
 counterfeiting of common ufage. For he 
 that hath oft broken all humane laws, and 
 hath caft away all confciencc and religion, 
 could eafily negleft the courfe of God's law. 
 
 Now, I fuppofe, I have briefly declared 
 (in refped of the greatnefs of the matter) 
 and yet perhaps in more words than needed 
 (the plainnefs of the proofs considered ) of 
 what purpofe, by what counfel, and upon 
 what hope, that heinous murder was attem- 
 pted, with what cruelty it was executed, by 
 what tokens, advertifements, teftimonies, and 
 letters of the Queen hcrfelf, 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 1 mew forth the tefti- 
 mony of the whole people, which I think 
 worthy not to be neglected : For fcveral men 
 do commonly deceive, and are deceived by 
 
 others,
 
 MARY Qyeen 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 
 ipccchcs as either love enforceth, or flattery 
 invcnteth : Now at her going after the King's 
 flaughter to the cattle, through the chief and 
 nioft populous ftreet of the town, there was 
 all die way a fad glooming ftlence. And 
 "when any woman alone of the multitude had 
 cryed, God fave the Queen, another by and 
 by fo cryed out, as all men might hear her ; 
 So be it to every one as they have deferred. 
 
 ALBEIT thcfe things were thus done as 
 J have declared, yet there are fome that (tick not 
 to fay that the Queen was not only hardly, but 
 alfo cruelly dealt with, that after fo dctcftable 
 a fact, fhe was removed from her regency ; and 
 when they couki 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 gricvoufncfs 
 of the penalty, I fear leaft, to all good men, we 
 may fecm not to have done fo gently and tem- 
 perately, as loofly 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 
 pf fo outragious a deed, wherein all laws of 
 G 3 God
 
 Detection of 
 
 God and mail are violated, defpifed, and in a 
 manner wholly extinguifhed ? Every feveral 
 offence hath his punifhment both by God and 
 man appointed : And as there be certain de- 
 grees of evil deeds, fo are there allb cncreafcs 
 in the quantities of punifhments. 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 thefe offences to- 
 gether > Surely of fuch a one, neither can his 
 life fuffice for impofmg, 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- 
 ftn german. Let us alfo excufe the fad, if it 
 be poffible. 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 hu 
 band, and a cruel King. 
 
 I F not any one, but all thefe rcfpeds to- 
 gether, were in this matter, they ought not to 
 avail to mift off all punifhmcnt, but to raife 
 fome 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 felf is odi- 
 ous : In a woman, it is monftrous : In a 
 wife not only cKcefllvely loved, but alfo
 
 MARY ^ueen of Scots. 87 
 
 moft zcaloufly honoured, it is uncrcdiblc? 
 And being committed againft him whole age 
 craved pardon, whofe hearty affection requi- 
 red love, whofc nighncfs of kindred asked 
 reverence, whole innocency might have dc- 
 ferved favour, upon that young man I fay, in 
 whom there is not Ib much as allcdgcd any 
 juft caule of offence , thus to execute and 
 fpcnd, yea, to exceed all torments due to all 
 offences, in what degree of cruelty mail we 
 account it ? But let thcfc things avail in other 
 perfons to raife hatred, to bring puniihmcnr, 
 and to' make examples to pofterity. But in this 
 cafe let us bear much with her youth, much 
 with her Nobility, much with the name of a 
 Princcfs. As for mine own part, I am not 
 one that thinks it always good to ufc cxtrcam 
 itridnefs of law, no not in private, mean, 
 and common perfons. But in a mod heinous 
 mifdccd, to diffolvc all force of law, and 
 where is no mcafure of ill doing, there to de- 
 fcend beneath all mcafure in puniming, were 
 the way to the undoing of all laws, and the 
 overthrow of all humane focicty. But in this 
 one horrible ad is fuch a hotchpotch of alJ 
 abominable doings, fuch an cagerncfs of ail 
 outragious crueltie, fuch a forgetrulnds of alJ 
 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 moil
 
 88 ^A Detection o/ 
 
 mon beam, I will not reftrain them to com- 
 mon degrees of duties. If there be any thing 
 that without great offence may be pafied over, 
 I will gladly leave it unipoken of 5 if there 
 be any thing that may receive excufc, cither 
 by re (peel: 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 exprelfed, nor according to their 
 outrage be fuificiently puniflied, I mean the 
 violating of matrimony, and of royal Maje- 
 fly. For matrimony, ( as the Apoftle faith ) 
 doth truly contain a great miftery. For, as 
 being obferved, it comprifeth within it all in- 
 fcriour kinds of duties, ib being broken, it 
 ovcrthroweth them all. Whofb hath mif- 
 ufed his father, fccmcth to caft out of his 
 heart all natural reverence , but for the hus- 
 bands fake one fhall love 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 alfo defpifcth, he doth not only o- 
 verthrow all the foundations of human fcl- 
 lowfhip ; but, as much as in him lycth, dif- 
 folvcth and confoundcth all order of nature. 
 Whofoevcr ( I do not fay ) hurteth the King, 
 that is the true Image of God in earth, but 
 
 ilayeth
 
 MARY ^ueen of Scots. 89 
 
 ftayeth him with ftrange and unwonted fort of 
 cruelty, fo as the untemperate and uncredible 
 outragioufnefs is not contented with fimple 
 torment, fecmcth he not, as much as in him 
 licth, to have a defirc 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 fo, if fhe have fpared him in whom all thefe 
 refpe&s were greater, or at ieaft equal. Let the 
 Majefty of royal name avail her. How much 
 it ought to avail to her prcferving, her felf hath 
 fhewed the example. May we commit our 
 fafety to her, who a filler, hath butcherly 
 ilaughtered her brother, a wife her husband, 
 a Queen her King ? May we commit our fafe- 
 ty to her, whom never fhame reftrained from 
 unchaftity, woman-kind from cruelty, nor 
 religion from impiety ? Shall we bear with 
 her age, fex and unadvifcdncfs, that without 
 all juft caufes of hatred, dcfpifcd all thcfe 
 things in her kinfman, her King, her husband ? 
 She that hath fought fuch execution of her 
 wrongful wrath, what fhall we think fhe will 
 do being provoked by reproaches to men 
 not knit to her by kindred, fubjed to her 
 plcafure, not matched with her in equal fel- 
 Iqwfhip of life, but ycildcd to her gover- 
 nance,
 
 po c/^ Detection of 
 
 nance, and enthralled to her tormenting cru- 
 elty ? When rage for interrupting her plcafurc, 
 and out-rage of nature, ftrengthned with ar- 
 mour of licentious power, fhall ragingly tri- 
 umph upon the goods and blood of poor 
 fubjeds ? What is then the fault whereof we 
 are accufed, what cruelties have we (hew- 
 ed? That a woman raging without mea- 
 fure and modefty, and abufing to all her Sub- 
 jects deftru&ion, 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 reftrained 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 flander of cruelty. 
 
 THESE were the caufes that moved the 
 Queen to this matter. Bothwel alfo had his 
 reatbns, which not a little troubled his mind. 
 For when that fame infamous acquital rather 
 encreafed, than abated the fufpition, and the 
 matter could not be alway kept clofe, he flceth 
 to his laft refuge, to obtain of the Queen a par- 
 don of all his offences. But when by v the 
 law of the land in flich Charters of pardon, 
 the greatefl offence muft be cxprcfly mention- 
 ed, and the reft it iufficed to include in ge- 
 neral
 
 MARY Queen 0f Scots. 91 
 
 ncral words, and exprcfl y to confefs, the mur- 
 der of the King fcemcd to ftand neither with 
 his honour, nor with his fafety : He was dri- 
 ven of neccflity cither to invent or commit 
 fome other crime, cither more grievous, or 
 at the leaft as heinous, under which the {laugh- 
 ter of the King might lurk in fhadow of ge- 
 neral words unexprcfled They could devife 
 none other but the fame counterfeit ravifh- 
 ment of the Queen, whereby both the Queen 
 provided for enjoying her plcafurc, and tioth- 
 ly for his fafety. 
 
 Emorandum, that in the Caftlc of E- 
 dinburgh^ there was left by the Earl 
 
 te/ f before his fleeing away, and was 
 lent for by one George Englifh his fervant, 
 who was taken by the Earl Moreton, one 
 fmall gilt Coffer, not fully a foot long, being 
 garnifted 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 we I. 
 
 Befide thole 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 promife of Marriage 
 to the faid Bothwel: Which writing being 
 without date, and though fome words there- 
 in feem to the contrary, yet is upon credible 
 
 grounds
 
 92 ^A Detection of 
 
 grounds fuppofed to have been made and 
 written by her before the death of her Huf- 
 band, the tenor whereof thus beginneth. 
 
 Nous Marie far le grace de c Dieu, &c. 
 We Mary by the grace of God, &c. 
 
 THERE is alfo another writing in Scoj> 
 tifh, avowed to be wholly written by the Earl 
 Huntlcy, dated the fifth of April, 1567. con- 
 taining a form of contract of marriage be- 
 twixt the faid Queen and Earl Both^el, fub- 
 fcribed Mary, which is to be avowed to be 
 the proper hand of the faid Queen j and un- 
 derneath it, James Earl Bot towel, which al- 
 io is to be avowed to bp the proper hand of 
 the Earl Bot towel, at which time he was com- 
 monly defamed of the King's {laughter, and 
 jiot cleanfed or acquit thereof before the 
 thirteenth of April following. The tenor 
 of which contrad here enfucth. 
 
 Ax Seyton, the fifth day of April, in the 
 year of God, 1567. The right excel- 
 lent, right high and mighty Princefs Mary, by 
 the grace of God Queen of Scots., confider- 
 ing the place and eftatc wherein Almighty 
 God hath constituted her Highncls, and how 
 by the dcccafe of the King hci: husband, her 
 Majefty is now deftitute of a husband, living Ib- 
 Htary in the ftatc of widowhood. In the which 
 kind of life her Majefty moft willingly would 
 
 con-
 
 \ R Y $yeen of Scots. 
 
 continue, if the will of her realm, and fub- 
 jet:s Mould permit it. But on the other part, 
 conftdcring the inconvenicncics may follow, 
 and the ncccflity which the Realm hath, that 
 her Majcfly be coupled with an husband, her 
 Highncis 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 Highncfs has thought rather 
 to yield unto one of her own fubjcfts. 
 Amongft whom, her Majefty finds none 
 more able, nor endued with better qua- 
 lities than the right noble, and her dear Con- 
 fin James, Earl Bothwel, &c. Of whofe 
 thankful and true fcrvice, her Highnefs 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 affcdion, and hearty love 
 towards her Majcfly, her Highneft amongft 
 the reft, hath made her choice of him. And 
 therefore in the prcfcncc of the eternal God 
 faithfully, and in the word of a Prince, by 
 thcfe prcfents takes the faid James Earl Both- 
 <wel as her lawful husband. A nd promifes and 
 obliges her Highneis, 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 fhall God willing there- 
 after fhortly 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 lhall never marry any other 
 Item ' JK he husband but him only during 
 his life-time. And as her Majc- 
 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 promifc of marriage, in refped of the 
 faid Proceis of divorce intended for divers rea- 
 fonable caufcs, and that his faid pretended 
 Spoufe hath thereunto confented, 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 polfible, he mail 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 Declaratioa 
 therein. And incontinent thereafter, at her 
 Majefties good will and pleafurc, and when 
 her highneis thinks convenient mail compleat 
 and folemnize in face of holy Church, the 
 faid band of Matrimony with her Majefly, and 
 love, honour, and fcrvc 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. 95 
 
 never to have any other to his wife during 
 her Majefty's life time. In faith and witnef- 
 iing whereof, her Highnefs and the faid Eari 
 hath fubfcribcd this prcfent faithful promife, 
 with their hands, as followeth, day, year, 
 and place aforcfaid, before thefe witncffes 5 
 George Earl Huntly, and M after Thomas 
 Hepburn, Parfon of Old Hanftock, &c. 
 
 Sic fiibfcribitur? MARY R. 
 
 James Earl Bothwcl. 
 
 HERE note, that this contrad was made 
 the 5th of April \ within eight weeks after 
 the murder of the King, which was flam 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 appcareth by the words of the 
 contract itfelf, that it was made before fen- 
 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 fomc words in this contrad: fccm to 
 fay otherwife. Which is thus proved. For 
 this contracl: is dated the 5th of Aprils and 
 it plainly appearcth by the judicial afts be- 
 fore the two feveral ecclefiaftical ordinary 
 judges, wherein is contained the whole pro- 
 ccfs of the divorce between the faid Earl 
 and Dame Jane Gourdon his wife, that one 
 
 of
 
 of Detection of 
 
 of the fame procefles was intended and be- 
 gun the 26th day of April, and the other 
 the 27th day. 
 
 ALSO there are extant the Records of 
 the Juftices Court holden at Edinburgh the 
 laid 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 5 the indictment of 
 Bothwel. The tenor of which Records; 
 with the aflize and verdict, do here follow : 
 
 /^ Uria jufticiaritf S. D. N. 
 
 Regin^j tenta & inchoata 
 in-prtftorio de Edinburgh duo- 
 decimo die men/Is Aprilis, Anno 
 1 567. per nobilem & potentewt 
 Dominum Archibaldum Comi- 
 tern Ergadias, Dominum Camp- 
 bet & Loriie jufticiarium ge- 
 neralem ejufdem S. D, N. Re- 
 gina, totiw Regnifui ubitibtt 
 conftitutumfen. vocatum, & en- 
 ria legit ime affirmata*
 
 MARY Queen of Scots. 
 
 IN the which Court appeared perfonally 
 in judgment Mr. John Spens of Condie, and 
 Robert Creycghton of Chock, advocates to 
 our Sovereign Lady, in her name; and there 
 the faid Mr. John Spens produced our Sove- 
 reign Lady's letter execute and indorfed, to- 
 gether with the indictment : Of the which 
 letters, indorfing thereof, and indidment, 
 the tenors hereafter follow, that is to fay, 
 
 MA R V, by the Grace of God, Queen of 
 Scots, to our trufty and welFbeloved 
 m Purwes, Mr. Lawfbn, and Gawine 
 Ramfey, Mejfengers, our Sheriffs in that 
 fart conjunct ly and federally fpe dally confti- 
 tuted, greeting. Forafmuch as it is humbly 
 meant and foewed to m, by our trufty and 
 beloved Clerks and Councilors, Mr. John 
 Spens of Condie, *and Robert Creycghton 
 of Chock, our Advocates : That whereas 
 they are informed that our trufty Coufin and 
 Counsellor Matthew Ear/ofLenox, Father 
 to the King our deareft Spoufe, hath dela- 
 ted James Earl Bothwel, Lord Halis and 
 Creycghton, foe. and certain others of the 
 treafonable, cruel, odious, and abominable 
 jlaughter and murder of his grace, commit- 
 ted upon the ninth day of February laft paft, 
 under ftlence of the night , within his lodg- 
 ing* f or th time, within our Bour of Edin- 
 burgh, near the Church in the field, upon 
 provijion, fet-purpofe, and fore-thought fello- 
 H " ny.
 
 98 A Detection 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 
 earneftly bent, minded, and willing to have 
 trial taken therein, by order of juftice, with 
 all diligence and expedition pojjible, have, 
 with advice of the Lords of our fecret 
 counfel, and alfa of the humble defire of the 
 faid Earl Bothwel, made in our and their 
 prefence, 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 and holden in the Tole- 
 booth of Edinburgh, the izth day of A- 
 pril next enfliing, for executing of juftice 
 upon the faid Earl, and otherwije, for the 
 cruel, odiout, foul, and abominable crime and 
 offence , as u more at large contained in an 
 Att made in the books of our fecret counfel 
 thereupon. 
 
 Our will therefore is, and we charge you 
 ftritJly, and command, that immediately at 
 the fight of thefe our letters, ye go, and in 
 our name and authority, warn the faid 
 Matthew Earl of Lennox, ferfonally, or at 
 his dwelling place, and aU 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, Lanerk, 
 
 and
 
 MARY Queen of Scots, 
 
 and other places needful, to appear before 
 our Juflice, or his ^Deputies^ in our Tole- 
 booth of Edinburgh, the faid i 2th day of 
 April next enfuing, to purfue and concur 
 with us in the faid attion : With certifica- 
 tion to them, that if thy fail, that our 
 Jujlice, or his ^Deputies, 'Ml proceed and 
 do Juflice in the faid matter the f aid day, 
 conformable to the Laws and Confutations 
 of our Realm, without a?:y longer delay or 
 continuation : And that yzfitmrnon an Affize 
 to this end, every perfon under the pain of 
 forty pounds, as ye will anpwer to us there- 
 upon. The which to do, we commit to you> 
 joyntly and fever 'ally ', our full power by thefs 
 our letters, delivering them by you duly to be 
 executed, and indorjed again to the bearer. 
 Given under our Jignet at Edinburgh, the 
 27th of March, in the 2$th y?ar of 
 our Reign, 1567. 
 
 Ex deliberatione Dominorum confdii Reg; 
 Sic fubfcribitury MARY. 
 
 Indor foments of the faid Letters,. 
 
 UPON the 2 pth day of March, in the 
 year of God 1567. I William Tur* 
 wes, Meffenger, one of the Sheriffs in tliat 
 part within constituted, pad at command of 
 H 2 thcfc
 
 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 intereft 
 in the matter within fpecified, by open pro- 
 clamation at the Market-crofs of the Bo- 
 rough of Edinburgh, to appear before the 
 Juftice, or his Deputies, in the Tolbooth of 
 Edinburgh, the 1 2th day of April next en- 
 fuing, to purfue and concur with our faid 
 Sovereign Lady in the aftion within men- 
 tioned, with certification as is within ex- 
 prefled, after the form and tenor of thefe 
 letters, whereof I affixed one copy upon the 
 faid Market- crols. This I did before thefe 
 witnefles, JohnAnderfon and 'David Lant t 
 with divers others. And for more witnef- 
 fing to this my execution and indorfemcnt, 
 my fignet is affixed. 
 
 np o N the laft day of March, the firft 
 and fecond days of April, in the year 
 od above written, I Gowine Ramfy, 
 Meflenger, 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 'Dunbertane re- 
 fpeftively, becaufe I fearched, and fought, 
 and could not apprehend him perfonally, 
 and all other her Majefty's lieges, having 
 
 and
 
 MARY ^een oj Scots, i or 
 
 and pretending to have intcreft to puriue in 
 die matter herein exprefied, by proclamation 
 at the Market- croflcs of the Boroughs of 
 Glafcow, T)unbertane and Lanerk, for to 
 appear before the Juftice, or his Deputies, 
 in the faid Tole- booth of Edinburgh ', the 
 faid 1 2th day of April next to come, to 
 purfue and concur with our faid Sovereign 
 Lady in the action 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-croflcs. This I did before thefe 
 witneftes, George Herbefoun, Nicholas An- 
 dro, Robert Letrik, Mcficngersj William 
 Smollet, 'David Robertfon, James Smollet, 
 John Hamilton, James Bannatine, and Ro- 
 ver t Hamilton, with divers others. And for 
 more witneffing hereof my fignet is affixed ; 
 fubfcribed with my hand, 
 
 Gawin RzmJ), Mefienger. 
 
 UPON the firft day of April, the year of 
 God 1567. I William Law fan, Mef- 
 fenger, Sheriff in that part within conftitu- 
 ted, paft at command of thefe our Sovereign 
 Lady's letters, to the Market-crofs of Terth, 
 and there, by open proclamation, lawfully 
 warned Matthew Earl of Lennox, and all 
 others our Sovereign Lady's lieges, having 
 H 3 or
 
 102 A Detection of 
 
 or pretending to have interefs to purflie James 
 Earl Eothwel, 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 CrolTes, after 
 the form and tenour of thefe Letters. And 
 this I did before thefe witneffes, James 
 Marfchel, Alex. Borthuike, and John An- 
 derfon, Meflengers, with divers others. And 
 for the more witnefllng of this my 'execution 
 and indorfemcnt, I have fubfcribed this with 
 my hand. 
 
 Witt* Lawfon t MefTenger, 
 
 The Indiclmenr. 
 
 JAMES Earl Bothwel, Lord Halis, and 
 Creycghton, &c. Ton are indicated for 
 .acting fart of the cruel, odious, treafon^ 
 able, and abominable (laughter and murder of 
 the late, the right excellent, right high and 
 mighty ^Prince, the Kings grace, deareji 
 fpoufe, for the time, to our Sovereign Lady 
 the Queetfs Majefly, under Jilence of night, 
 in his own lodging, befides the Chtirch in the 
 feld within this burrow, he being taking the 
 nights reft, treafonably raiflngfire within the 
 fame , with a great quantity of Towder^ 
 Through force of the which, the faid whole 
 lodging was raifed, and blown in the air. 
 And the faid late King was murthercdtrea- 
 Jonably andmoft cruelly Jlain and deft royed Ly
 
 MARY Qtfeen oj Scots, i o 3 
 
 you therein upon fet purpofe, provifan, and 
 fore-thought felony. And this you did upon 
 the ninth day of February laft pa/t, under 
 Jilence of the night., as above faid. As is 
 notorioujly known , the which you cannot 
 deny. 
 
 U P o N the which production of the fore- 
 faid Letters executed, indorfed an indicted, the 
 faid advocate asked an acl: of Coiut and in- 
 ftruments, and dcfired of the Juftice proceis 
 agreeable thereto. 
 
 THE jfaid letters being openly read in 
 Judgment with the indorfements thereof, the 
 Juftice 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 Borthuick 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, 
 alledging to be Prodor for Andrew Matter of 
 Err ok ^ and produced in Judgment the wri- 
 ting and protciUtion under written,deiiring the 
 H 4 fame
 
 104 A Detedion of 
 
 fame to be regiftred and inferted in the books 
 of adjournal, the tenor whereof followeth. 
 THE fame day appeared Mr. Henry Km- 
 rof y prodor for Andrew Matter of Errole, 
 Conftable of Scotland, and alledged 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 
 fame. And therefore the faid Mafter now 
 being Conftable of this Realm, ought and 
 fhould be the competent Judge to James 
 Earl Bothwel, and others his alledged com- 
 plices called this day, and to be accufed for 
 acting any part of the alledged cruelty, trea- 
 fonable flaughter 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 caufe, the faid 
 Mafter Henry, prodor aforefaid, protefteth 
 folemnly, that the fame proceeding therein, 
 fhall in no wife hurt, nor prejudice the faid 
 Conftable in his office, rights, title of rights, 
 interefts, jurifdidion, 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 
 Jaid office, and ufe of cognofcing ufed by his 
 predeceflbrs, and before him in like caufes. 
 All which time he makes it known, either 
 
 by
 
 MARY Qyeenof Scots. 105 
 
 by inveftment or other ways lurHciently, him 
 to have jurildi&ion in fuch caufes. And de- 
 fires the fame protcHation to be inferted in 
 the book of adjournal, and admit it under 
 proteftation, that he affirm not the Lord Ju- 
 ftice jurifdidion in any fort in proceeding in 
 the faid matter. 
 
 THE Juftice, being advifed with the faid 
 alleadgeance and proteftation, found by inter- 
 locutor, and ordained that procefs fhould be 
 laid by him in this matter, notwithstanding 
 the fame, in refpect that nothing was fhown 
 by the fak 1 Mr. Henry, to verifie the contents 
 of the faid alleadgeance and proteftation. 
 Whereupon the faid Earl Rothwd asked a 
 note of Court and initmment. 
 
 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 laid advo- 
 cates, in purfuing of the faid adion, Robert 
 Cunningham appeared, alledging 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 
 
 cauie
 
 106 A Dete&ion of 
 
 caufe of his abfence this day, and with his 
 power as the fame bears. The caufe of his 
 abfence is the fhortnefs of time ; and that he 
 is denied of his friends and fervants, who 
 fhould have accompanied him to his honour 
 and fecurity of his life, in refped of the 
 greatnefs of his party, and he having afliftance 
 of no friends but only himfelf. And there- 
 fore his L. commanded me to deiire 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 difpleafure of any 
 man, ufe thefe things committed to my charge 
 by my Lord my Matter. Whereof I take a 
 document. 
 
 Item, I proteft, that if the perfons who 
 paffes upon affize and inqueft of thefe perfons 
 that mail enter on pannei this day, clear the 
 faid perfons of the murder of the King, that 
 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 Mailer alledges, upon the which pro- 
 teftation 1 require a document. Sic fubfcri- 
 bitur, ROBERT CUNNINGHAM. 
 
 UPON the production of the which wri- 
 ting and proteftation, the faid Robert asked ad 
 and inftruments. 
 
 THE Juftice, being advifcd with the afore- 
 faid writing and proteftation produced, and 
 ufed by the laid Robert Cunningham in re-
 
 MARY tyeen of Scots, 107 
 
 fpeft of the letters and writings fent to our fb- 
 vercign 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 
 dellred 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 refpeft of the earneft infifting of the 
 Advocates, defiring procefs and right fuit of 
 the faid Earl fyothwers earned petition and de- 
 fire of trial to be had in the faid matter, 
 with the advice of the Lords and Barons 
 afieflbrs prefent, and by an interlocutor, that 
 procefs fhould be deduced in the faid aftion 
 this day, according to the laws of this 
 Realm, Notwithstanding the writing and 
 proteftation produced by the faid Robert Cttn- 
 mngham, and likewife admit him to con- 
 cur and afiift the faid advocates in the pur- 
 fuance of the faid adion, if he pleafed. 
 
 Here followeth the Copies of the Letters 
 and Writings fint to the Queen's Alajeftj, 
 by the faid Earl of Lenox. 
 
 I Render moft 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 
 jhe fame, that it is your Majefty 's plcafu -e to 
 
 remit
 
 '108 A Detection of 
 
 remit the trial of this late odious aft to the 
 time of a parliament. May it pieafe 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 ; yet I fhall 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 befeech your 
 Majefty moft humbly to accept this my fim- 
 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 confiders the 
 fame far more than my wits can comprehend 5 
 yet, forafmuch as I hear of certain tickets 
 that have been put on the Tolebooth door 
 of Edinburgh, anfwering your Majefty's firft 
 and fecond Proclamations, which mentions 
 in ipecial, the names of certain perfons, de- 
 vifors of the cruel murder, I mail therefore 
 moft humbly befeech your Majefty, for the 
 love of God, the honour of your Majefty, 
 your Realm, and the weal and tranquility 
 thereof, that it would pieafe your Majefty 
 forthwith, not only to apprehend and put in 
 fure keeping the perfons named in the faid 
 tickets, but alfo with diligence, to afiemble 
 
 your
 
 MARY Gtyeen 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 erfed thereof, at the which time, 
 if they do not, your Majefly, may by advice 
 of your Nobility and Counfel, relieve and fee 
 at liberty the perfons named in the ticket a- 
 forefaid. So fhall your Majefty do an honour- 
 able and godly acl: in the bringing the matter 
 to fuch a narrow point as either the matter 
 fhall 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 preferve you in health, and 
 moft happy reign. Of Howflon the 26th 
 day of February. 
 
 MA Y it pleafe your Majefty, where your 
 Highnefs 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 die cognition tak- 
 ing, as may ftand with the laws of this Realm, 
 and being found culpable, fhall fee the punifh- 
 ment as rigoroufly executed as the weight of 
 
 the
 
 no A Detection of 
 
 the crime defervcs. May it plcafe your Ma- 
 jefty, fmce the receipt .of your Highnefs Let- 
 ter, I have ftill lookt that fome of the bloudy 
 murtherers fhould have been openly known 
 ere now. And feeing they are not yet, I can- 
 not find in my heart to conceal the matter 
 any longer, but let your Majefty undcrftand 
 the names of them whom I greatly fufped, 
 that is to fay, the Earl Bothwel, Mr. James 
 Balfor, and Gilbert Balfor his brother, Mr. 
 'David Chamerj Blackmafter, John Spens, 
 Senior Francis^ Baftian, John the Burdea- 
 vix, and Jofiph, ^Davids brother. Which 
 perfons I moft 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 aflemble your 
 Maj city's whole Nobility and Council, and 
 then to take fuch perfed 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 
 fhall 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 fo 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 
 
 the
 
 3VIARY Qyeen of Scots. 1 1 i 
 
 the prote&ion of the Almighty God, who pre- 
 ferve you in health, long life, and moft hap- 
 Reign. Of Howftdn this feventeenth of 
 March. 
 
 AJJizes. 
 
 Andro Earl of Rothes. 
 George Earl of Caithnes*. 
 Gilbert Earl of Caffillis. 
 Lord John Hamilton^ Commander of 
 Arbroycht y fon to the Lord Duke. 
 
 James Lord Roffe. 
 
 Robert Lord Simple. 
 
 John Maxwell Lord Hereif. 
 
 Laurence Lord Oliphant. 
 
 John Mafler of Forvefs. 
 
 John Gordon of Lothinware. 
 
 Robert Lord Eoyd. 
 
 James Cokbourn of Launton. 
 
 John Somervile of Cambufnethan. 
 
 Mowbray of Bern Buxal. 
 
 Ogilby of Boyn. 
 
 THE forenamed perfons of Affize being 
 chofen, admitted and fworn in judgment, as 
 the ule is. And therefore the laid Earl Both- 
 ivel being accufed by the faid dilate of the 
 
 crime
 
 112 A Detection of 
 
 crime aforefaid, and the fame being denied by 
 him, and referred to the deliverance of 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- 
 date and points thereof, they and eke one 
 of them for themfelves voted, delivered, 
 and acquit the faid James Earl Bothwel of 
 ad and part of the faid (laughter of the King, 
 and points of the faid didate. 
 
 AND fince the faid George Earl of Caith- 
 nes, Chancellor of the faid Aflizes in his and 
 their names asked muniments, 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 didate above written might be forfeit, nor 
 the faid Aflize perfwaded to deliver any other- 
 wife, than is above written. Nor yet was the 
 faid didate fworn, nor rio party, except the 
 faid advocates, competent to purfue the fame, 
 and therefore in refped that they delivered 
 according to their knowledge, protefts that 
 they ihould 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 Judiciary, before the 
 pronunciation of their deliverance aforefaid, 
 at the defire of the, faid Earl of Caithnes was 
 
 openly
 
 4 
 
 MARY Gtyeen of Scots, r j 3 
 
 openly read in judgment. And thereupon 
 he of new asked adls and inftruments, and 
 protefteth in manner above exprefled. 
 
 EXtrattum de I'tbro attorum adjournaUs 
 S. D. N. Regin*. Ter me Joannem 
 nden de Auchnoule militem, Clericum 
 JufliciariA ejufdem generalem. Sub meis 
 Jigno & fubfcriftione mannalibw. 
 
 Johannes Bellenden, Clericus Jufticiaritf* 
 
 NOTE that at the fame time proteftation 
 was made by George Earl of Caithnes, Chan- 
 cellor of the faid aflize, that the faid didate 
 or indidtment was not in this point true, 
 'viz. in allcdging the murder to be commit- 
 ted the ninth day of February 5 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 way, 
 but cavillingly defended. 
 
 The
 
 1 14. c/ Dete&ion of 
 
 The Writings and Letters 
 
 Jound in the faid Cwket, 
 
 'which are avowed to le 
 
 'written 'with the Scottifli 
 
 Queen's o*wn 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 {hew, before whom me 
 here preferreth herfelf in deferving to be 
 beloved of BothweL 
 
 ODieux ayez, de moy companion, 
 Et m enfeignez* quelle preirue certain 
 jfe puts donner qui ne luy femble vain 
 De mon amour & ferme afeElion. 
 La5 ! n* eft il pas ja en pojfeffion 
 Du corps , du coeur qui m refufe fain 
 Ny difionneur, en la 'vie incertain, 
 Offenfe de parents, ne pire afflitiion ? 
 Pour luy tons mes ames feflime moim que rien, 
 Et de mes ennemis je veitx efpwer bim. 
 
 y*
 
 MARY Qyeen of Scots. 1 1 
 
 ba&arde pour luy & nom & confcience : 
 ye veux pour luy ail monde rewncer : 
 Je veux mourir few luy auancer. 
 En refte il plus pour prouver ma conftance? 
 Entre Jes mains & en jonplein pouveir 
 ye metz, mon jitz,, ' mon honnsur y & may vit'j 
 Alon pais, mes fubjettz, mon ame ajfubjetlie 
 Eft tout a luy, & nay autoe vaulloir 
 Pour mon object que fans le decevoir 
 Suture je veux malgre toute /' eimie 
 Qii ijjir en peuh^ Car je u autre $ vie 
 Que de ma fay, luy j'aire appercevoir 
 Qjie pour tempefte en bonnace qut face 
 jfamais ne veux changer demeure on place; 
 Brief je feray de ma foy telle preuve, 
 Qu'il cognoi/tra fans fainte ma conftdnce, 
 Non par rnes pleurs ou fainte cbeyjjance y 
 Comme autres ont fait) mats par 
 
 Elle pour fon honneur voiU doibt oicyjfame 
 Moyvottt obeyffuntfenpuis recevoir blafme^ 
 N'eftatj a mo regret, comme etie voftre femmc. 
 Et fi naura four taxt en ce point preeminence* 
 Pour fon prof t die ufe de conftance> 
 Carce neft pen d'honneur d'ejtre de vot, biem ddmtl 
 Et moy pour vous aimer fen puts recevoir blafmt 
 Et ne luy vcux beder en toute I'obfervamt 
 Elle de voftre mal n a I' apprehenfion 
 Mvy je nay nul repos tant je crains F dppetrtntt 
 Par faduis des parent^ ills eut veftre accointamg 
 Moy mmigre torn let miens vora porte affection 
 Et de fa toy ante prene& ferme affeurance< 
 
 Par vom mon cxur & par uojlre alliancd 
 Elle A remis fa maifon en honneur 
 Elle a jouy par voiis la grandeur 
 Gonf KM tesfons nrfmit r<ul ajfeuranef
 
 1 1 6 ^A Dete&ion of 
 
 De vota nton Lien elk a eu la conflance, 
 Et a gaigne pour un temps voftre coeur, 
 Par VOHS elle a eu plaiflr en bon keur, 
 Et pour vom a receu honneur & reverence,- 
 Et n a perdu Jin on la jovijfance 
 D'un Jafcheux fot qiielle aymoit cherement. 
 Je ne la playns d'aymer done ardamment^ 
 Cduy qui n a en fens, ny en vaittance, 
 En beaute, en bonte, ny en conftance 
 Point de feconde. Je i>is en cefle foy y 
 
 Quant vow I'antiez,, elle ufoit defroideur. 
 Sy vous fouffriez,, pour s 3 amour fajjton 
 Qui 'vient d'aymer de trop d'affetlion^ 
 Son doig monftroit, la triflejfe de cueur 
 N'ayant plaifir de voftre grand ardent 
 Enfes babitz,y monftroit fans fitlion 
 Quelle navoitpaour CJH imperfettion 
 Peufl I'effacer hors de ce loyal coeur. 
 De <voftre mort je ne vis la feaun 
 Que ?neritoit tel mary & Jeigneur. 
 Comme de vom elle a eu tout Jon bien 
 Et n 3 a prije ne jamais eflims 
 Un ft grand heur Ji mn puts qui I neftfien 
 Et maintenant dit I' avoir tant ayme. 
 
 Et mamtenam elle commence a 
 Quette eftoit bien de mauvais jugement 
 De nejiimer I' amour d 3 un tel amant 
 Et voudroit bien men amy decevoir, 
 Par les efcriptz, tout fardez, de jcavoir 
 Qui pourtant nefl en fon efprit croijfant 
 Ains emprunte de quelque autheur luiffant, 
 A faint tres bien un envoy fans I'avoir 
 Et toutes fois fes parolles fardez> y 
 Se s pleurs, fes plainils remplis def&tQWg 
 Etfes bauts cris & lament ationS) 
 
 Ont
 
 M AJR. Y Qyeen of Scots. 117 
 
 Ont tarn gaigne qui far vous font gardez, 
 Ses let t res efcriptes aufqueUes vous donnez,foy 
 Et Ji T aymez, & croyez, plus que moy. 
 
 lay croyez., las ! trop je /' appercoy 
 Et vous doutez,, de ma ferine con/lance, 
 O mon feul lien & mon feul efperance^ 
 Et ne vous puts je ajfeurer de mafoy 
 Vous m' eflimez, leger que je voy, 
 Etji n avez, en moy nul ajfeurance, 
 Et foupccnnez, mon coeur fans apparence, 
 Vous deffiant a trop grand tort de moy. 
 Vous ignorez, I' amour que je VMS forte, 
 Vous foupconnez, qtt outre amour me tra.nfpcrte ) 
 Vous eftimez, mes parcl/es du vent, 
 Vous depeignez, de cire mon las c&ur y 
 Vous me penfez, femme fans jugement. 
 Et tout cela augments mon ardeur. 
 
 Min amour croift & plus en plus croiflra. 
 T'ant que je viuray y and tiendray a grandheur t 
 'Tant feulement d' avoir part en ce coeur 
 Vers qui en fn mon amour perfiftra 
 Si tres a, clair que jamah nen doutra. 
 Pour luy je veux recherchfr la grandeur^ 
 Et feray tant qu'en vray cognoiflra^ 
 Que je nay lien, beur, ne contenterhentj 
 Qu' a I' obeyr & fervir loyaument. 
 Pour luy j attend toute bonne fortune. 
 Pour luy je veux gar der f ante &vie. 
 Pour luy tout vsrtit de future j* ayenvie, 
 Ee fans change}- me trouvera tout 3 une. 
 
 Pour luy aufji je jette maintes larmes. 
 Premier quand il fe fift de ce corps pojfe/e.n; 
 Du quel alors il n'avoit pas le cccur. 
 Puts me donna un autre dzr alarme, 
 
 I 3 Quantl
 
 1 1 8 ^A Detection of 
 
 Qiiand ilverfae de fon fang mainte dragme, 
 'Punt de grief il me vint laijfer doleur y 
 Qui m'en penfa ofter la vie, & frayeur 
 De perdre las ! le feul rempar qui m'arme. 
 Pour luy depuis jay mefprife I 3 honneur 
 Cs qui nous peult feul pouruoir de bonheur. 
 Pour luy fay haz,arde grandeur & conjcience, 
 Pour luy tous mes parents f ay quite, & amis. 9 
 Et tous autres refpetfz, font apart mis y 
 Brief de vow feul je cberche I' alliance. 
 
 De vans je dis feul fouflein de ma vie 
 
 Tant feulement je cerche m ajfeurer, 
 
 Et ft ofe de moy taut prefumer 
 
 De IJQUS gaigner waugre toute I' em-ie. 
 
 Car c eft le feul defer de voftre chere amie^ 
 
 De -vous fervir & loyaument aymer, 
 
 Et tous malheurs mains qui rien eftiwer, 
 
 fLt voftre volonte de la mien ne ft/ jure. 
 
 JSious cognoftrez, avecques obeyjjance 
 
 )e mon loyal devoir n' omittant lafcieme 
 
 A quoy je efludieray pour toufiours vous complaire 
 
 Sims aynier rien que veils, foubz, la fubjeclicn. 
 
 De qui je veux fans nulle fiction 
 
 ^ivre ty mourir & a ce f cbteinpere. 
 
 cocur, won fang> mon ame, & mon fnucy 
 Las, vous m avez, promis qu aurons cc plaifir 
 De devifer avecqucs vons a loyfir y 
 'foute la nuitl; ou je Yanguis jey, 
 A)aut le coeur d' extreme paour tranfy, 
 Pour voir abfent le but de mon defer 
 Crainte d* oublier un coup me vient a faifer ; 
 Et /' autre fois je crains que rendurcie 
 Soit centre moy voyftre amiable cocur 
 Par quelque dit d' un merchant ra?nporteur. 
 \3n autre fois je crains quelque aventuye
 
 MARY ^een of Scots. 1 1 9 
 
 Qui far chemin detou ne mon am am, 
 Par un fafcheux & nouveau accident. 
 Dieu detourne touts malheureux augure. 
 
 Ne vous voyant felon qu mez, promis 
 ' ay mis la main au papier our efcrire 
 ' un different que je voulu tranfcrire* 
 
 ye ne fcay fas quel fera voftre advis 
 
 Mais je fcay bien qui mieux aymer fcaura, 
 
 Vws dh-icz, bien que plus y gaignera. 
 
 OGoddefs have of me compaffion, 
 And fhew what certain proof 
 I may give, which (hall not feem to him vain, 
 Of my love and fervent affection. 
 He alas, is he not already in pofleffion 
 Of my body, of heart, that refufes no pain, 
 Nor dishonour in this life uncertain, 
 Offence of friends, nor \vorfe 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. 
 What remaineth 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 fubjects, 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 enfuc : For I have no other deflre, 
 
 But to make him perceive my faithiulnefs, 
 
 For ftorm or fair weather that may come, 
 
 Never will it change dwelling, or place. 
 
 I 4 Shortly
 
 1 20 o4 Detection of 
 
 Shortly I {hall give of my truth fuch proof, 
 That he fhall know my conftancy without fiction, 
 Not by my weeping, or feigned obedience, 
 As other 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 ihe^ 
 And yet in this point fhe (hall have no prehemi- 
 
 nence. 
 
 She ufeth conftancy for her own profit : 
 For it is no little honour to be miftrefs of your 
 
 goods, 
 
 And I for loving of you may receive blame, 
 And I will not be overcome by her in loyal ob- 
 
 fervance, 
 
 She has no apprehenfion of your evil, 
 I fear of all appearing evil that I can have no reft 
 She had your acquaintance by the confent of her 
 
 friends, 
 
 J againft all their will have born you affection. 
 And not the lefs ( my heart ) you doubt of my 
 
 conftancy, 
 And of her faithfulnefs yc have firm aflurance. 
 
 By you ( my heart ) and by your alliance 
 
 She hath reftored her houfe unto honour, 
 
 By you fhe is become to that greatnefs, 
 
 Of which her friends had never aflurance, 
 
 Of you ( my wealth ) fhe got the acquaintance. 
 
 And hath conquer'd the fame time your heart- 
 
 By you fhe hath pleafure and good luck, 
 
 And by you hath received honour and reverence, 
 
 And hath not loft but the enjoying 
 
 Of one unpleafant fool, which fhe loved dearly. 
 
 Then I moan her not to love ardently 
 
 Him that hath none in wit, in manhood, 
 
 In
 
 MARY ^een of Scots.^ 121 
 
 In beauty, in bounty, in truth, nor in conftancy, 
 Any fecond : I live in the belief. 
 
 When you loved her fhe ufed coldnefs, 
 If you fuflfer for her love paflion. 
 That cometh of too great affection of life, 
 Her fadnefs fhews the dolour of her heart, 
 Taking no pleafure of your vehement burning, 
 In her cloathing fhe fliews unfeignedly, 
 That flie 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 cf 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 fhe loveth him fo well. 
 
 And now file begin neth to fee, 
 
 That fhe was of very evil judgment, 
 
 To efleem the love of fuch a lover, 
 
 And would fain deceive my love, 
 
 By writings and painted learning, 
 
 Which not the lefs did not breed in her brain, 
 
 But borrowed from fome 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 flore, 
 
 Her letters and writings, to which you give truft, 
 
 Yea, and loveft and believeft 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
 
 1 2 z ^A Dete6tion of 
 
 I fee that you efteem me light, 
 And be no way afiured of me, 
 And doeft fufpect (my heart) with any appear- 
 ing caufe, 
 
 Difcrediting me wrongfully. 
 You do not know the love I bear to you. 
 You fufpeft that 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 ail that increafeth my burning. 
 
 My love increafeth, 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 ftrive againft one world ; 
 For him I will renounce greatnefs ; 
 And fhall do fo much, that he (hall know 
 That I have no wealth, hap, nor cementation, 
 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 fhall eter find me unchangeable. 
 
 For him alfo I poured out many tears : 
 Firft when he made himfelf pofleflor ot this body, 
 Ot the which then he had not the heart. 
 After he did give me one other hard charge, 
 When he bled ot 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 2 3 
 
 For him fince I have defpifcd honour, 
 
 The thing only that bringeth felicity : 
 
 For him I have hazarded greatnefs and confcience : 
 
 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 \vin you in fpite of all envy : 
 
 For that is the only defire of 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 fhall 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 fiction, 
 Live and die j and this I content. 
 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 hero, 
 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 heart 
 Be not hardened againft me 
 By feme 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. 
 Q God ! turn back all unhappy augure. 
 
 Nor
 
 1 24 ^A Detection of 
 
 Not 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 mod 
 
 A Letter written by her from Glafcow to 
 Bothvvel^ proving her hate to her Hus- 
 band, and feme fufpicions of pracliilng 
 his death : Which Letter was written 
 in French, and here enfueth, tranflated 
 word for word. 
 
 IL (emble qu' avecques voftre abfincefoit 
 joynt I' Glibly? 'veu qu' aupartir <vous me 
 fromiftes de vos wve/tes. Et toutes foys je 
 n'enpuis apprendre, &c. 
 
 IT appears, that with your abfcncc there 
 is alfo joyned forgetfulnefs, feeing that 
 at your departing you promifed to make me 
 advcrtifemcnt of your news from time to 
 time. The waiting upon them yefterday, 
 caufed. me to be almoft in flich joy as I will 
 be at your returning, which you have delay- 
 ed longer than your promiic was. As to me, 
 howbeit I have no further news from you 
 according to my commifllon, I bring the 
 man with me to Cragmillar upon Monday, 
 
 where
 
 MARY ^een of Scots. 12 ^ 
 
 where he will be all Wednesday y 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 5 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 fickncfs of my 
 fore fide, I am fo troubled with it. If 
 fareis brings me that which I fend him for, 
 I truft it mail amend me. I pray you advcr- 
 tifc me of your news at length, and what I 
 fhall do, in cafe you be not returned when 
 I am come there 5 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. J fend this by Bctoun, 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 
 Glafcow this Saturday in the morning. 
 
 Another Letter to Botbwel, concerning 
 the hate of her Husband, and practice 
 of his murder. 
 
 I. 1 Stant flarfy du lieu ou f avois laiffe man 
 1*^ cceur it fe feult ayfement juger queUe 
 ejtott ma contenance, veu ce qui peult un 
 
 corps
 
 126 c-/ Detection of 
 
 corps fans coeur^ qui a efte caufe que jufqttes' 
 a la dtfnee je riay pas tenu grand pr epos, 
 auffi perfonne ne s'eft i)oulu advancer juge ant 
 bien qtfil riy faifoit bon? &c. 
 
 Eing departed from the place where I 
 left my heart, it is eafte 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 Vet 
 durft any prefent thcmfelves unto me, judg- 
 ing that it w r as 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 enterprizc the fame, 
 bccaufe of the rude words that I had fpo- 
 kcn to Cunningham ', and he defircd that he 
 fhould come to the inquifttion of the matter 
 that I fufpected him of. This laft fpcaking. 
 was of his own head, without any commii- 
 fion. I anfwercd 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 anfwcred but rudely to 
 the doubts that were in his letters : So that 
 J made him hold his tongue j the reft were- 
 too long to write. Sir James Hamilton 
 met me, who fhcwed that the other time? 
 when kc heard of my coming* he dcjftiffecl 
 
 awayv
 
 MARY ^een of Scots. 127 
 
 away, and fent Houfton to f hew him that he 
 would never have believed that he would have 
 purfued him, nor yet accompanied him with 
 the Hamittons. He anfwcrcd that he was 
 only come but to fee me, and that he would 
 neither accompany Stewart nor Hamilton but 
 by my commandment. He dcfired that he 
 would come and fpeak with him, he rcfufcd 
 it. The Lord of Lufe, Houfton and Could- 
 ^-allis Ton, 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 notwithftanding, knowing of my 
 coming it is delayed, he was inquired to come 
 to him, which he rcrufcd, and fwcars that he 
 will indure nothing of him. Never one of 
 that town came to ipcak to me, which caufes 
 me to think that they arc his, and ncvcrthc- 
 lefs he fpcaks good, at the leaft his fon. I 
 fee no other Gentleman, but they of my com- 
 pany. The King fent for 'Joachim ycftcr- 
 night, and asked of him, why I lodged not 
 beiide him, and that he would rife the fooncr 
 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 Tareis 
 and Gilbert to write to me, Jhif fatrerix/lfeB' 
 and that I would fend Jo- ***?***< 
 feph away. I am abafhed who 
 
 has-
 
 128 c/f Dete&ion of 
 
 has fhewn him fo far, yea he fpake even of 
 the marriage of Bafttan. I inquired him of 
 his Letters, whereunto he complained of 
 the cruelty of fome, anfwered that he was 
 aftoniflied, and that he was fo glad to fee me, 
 that he believed to die for gladnefs 3 he found 
 great fault that I was penfive, I departed to 
 fupper, 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 tcftament 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 counfel 
 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 mall 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 confcnt hereunto, I will 
 never rife out of this bed, I pray you tell me 
 
 your
 
 MARY Queen of Scots, 1 29 
 
 your rcfolution. God knows how I am pu- 
 nifhed 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 eaufe, 
 becaufe when any offends me, if for my re- 
 fuge I might complain unto you, I would 
 fpeak it unto no other body; but when I hear 
 any thing, not being familiar with you, nc- 
 ceflity conftrains me to keep it in my breaft : 
 And that caufcs me to try my wit for very an- 
 ger. I anfwered ftraight unto him, but that- 
 would be ovcrlong to write at length. I asked 
 why he would pafs away in the Englifh fliip^ 
 he denies it, and fwcars thereunto^ but he 
 grants that he fpakc with the men. After this 
 I inquired of the inquifition of Highgate, he 
 denied the fame while I mewed him the very 
 words was fpoken. At which time he faid* 
 that Mmto had advertifed him that it was laid 
 that fome of the counfcl had brought one 
 Letter to me to be fubfcribed to put him in 
 prifon, and to flay him if he made renftance* 
 And he asked the fame of Mmto himfclf, 
 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 Htgh- J 
 gates he confcfled it, but it was the morn- 
 ing after my coming ere he dii it. \\ e would 
 very fain that J fnould lodge in his lodging. I 
 refufedit, and laid to him, that he behoved 
 to be purged, and that could not be done 
 here i he laid to me, I hear fay you have 
 K brought
 
 1 50 A Detection of 
 
 brought one Letter with you, but I had ra- 
 ther have pafied with you. I think he be- 
 lieved that he would have fent him away pri- 
 foner ; I anfwercd that I would take him with 
 me to CragmillaTj where the Phyftcian and I 
 might help him, and not be far from my fon, 
 he anfwered, that he was ready when I plea- 
 led, fo I would allure him of his requeft, he 
 defires no body to fee him, he is angry when 
 I fpeak of Walcar, and fays, that he fhall 
 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 ; as to me he 
 would rather give his life ere he did any dif- 
 pleafurc 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 Highgatet, 
 for he would never believe that I, who was 
 his proper flefh, would do him any evil, as 
 well it was (hewn that I refufed to fubfcribe 
 the fame ; but as to any others that would 
 purfue him at leaft he fhould fell his life dear 
 enough, but he fufpcfted 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 
 fccm that I believe that all is true, and takes 
 
 heed
 
 MARY ^eenof Scots, l^t 
 
 heed thereto, and excufed my felf for this 
 night that I could not wake 5 he fays', he 
 deeps not well, you faw him not better, nor 
 /peak more humble. And if I had not a 
 proof of his heart of wax* and that mine 
 were not of a Diamond, whcreinto no mot 
 can make breach, but that which comes forth 
 of your hand, I would have almoft had pity 
 of him. But fear not, the place mall hold 
 unto the death. Remember in recompence 
 thereof that ye fuffer not yours to be won by 
 that falfe race that will travel no lefs with you 
 for the fame. 1 believe they have been at 
 fchool together, he has ever the tear in his 
 eye, he falutes every body, yea unto the kaft, 
 and makes piteous moan unto them to mal.c" 
 them have pity on him. This day his father: 
 bled at the mouth and nofe, ghefs what pre^ 
 fage that is. I have not yet fcen him, he" 
 keeps his chamber. The King defires that I 
 fhould give him meat with mine own hands- 
 But give no more truft where you are then f 
 mall do here. This is my firft journey, I 
 mall fend the fame to morrow. I write all 
 things, howbeit they be of little weight, to* 
 the end that ye may take the beft of all to 
 judge upon. I am in doing of a work here 
 tkat I hate greatly. Have you not a dcfirc to 
 laugh to fee me lie fb well, at the leafl to 
 diflemblc fo well, and to tell him truth be- 
 twixt hands. He fhewed me almoft all that 
 is in the name of the Bifhop and Sunderlandy 
 K z 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 
 falie 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 ghcfs 
 the half of it, but I cannot mend it, becaufe 
 I am not well at cafe, and very glad to write 
 unto you when the reft are afleep, fith I can- 
 not ileep as they do, and as I would defire, 
 that is, in your arms my dear love, whom I 
 pray God to prefcrve from all evil, and 
 lend you repoie 5 I am going to feck mine 
 till the morning, when I ihall end my Bible ; 
 but I am vexed that it ftops me to write news 
 of my felf unto you, becaufe it is fo long. 
 Adveitife 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 ceafe 
 not to fcrible all this paper in fo much as re- 
 mains thereof. Wearied might this pocky 
 man be, that caufes me to have fo much pain ; 
 for without him I fhould have a far plea- 
 ianter fubject to difcourfe upon. He is not 
 overmuch deformed, yet he has received very 
 much. Helios olmoft {lain me with his breath, 
 
 it
 
 MARY *kueenoj 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 thereofl 
 
 THE mcflagc of the father in the Gate. 
 
 THE purpolc of Sir James Hamilton. 
 
 O F that the L. of Lujje fhewed me of the 
 delay. 
 
 O F the demands that fhe asked of Jao- 
 chim. 
 
 OF my eftatc, of my company, of the 
 occafion of my coming, and of Jofeph* 
 
 Item, The purpofc that he and I had toge- 
 ther. 
 
 O F the dcfire he has to pleafc 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 laid in the LzdyRerefe's ear at flipper j 
 that he would drink to the folk I wift of, if I 
 would pledge them.- And after fuppcr he faid 
 to me when I was leaning upon him warm- 
 ing me at the fire ,- you have fair going to fee 
 fuch folk, yet you cannot be fo welcome un- 
 to them, as you left fomc body this day in 
 fadncfs, that will never be merry while he 
 he fee you again. 1 asked of him who that 
 was ? With that he thruft my body and laid, 
 that fomc of his folks had feen you in faiche- 
 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 rnean time. Take heed that none that 
 is here i^e it, for all the world will know it ; 
 t>ecaufe for hafte it was made in their pre- 
 fence. I am now parting to my intended 
 purpofe. You make me diflemble fo far that 
 I have horror thereat 5 and you caufe me to 
 do almoft the office of a traitour. Remem- 
 ber how if it were not to obey you, I had r^- 
 ther be dead ere I did it ; 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 flialj 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 me 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 fhewed 
 amongft other purpofes that he knew well e- 
 nough, that my brother had fhewed me that 
 thing which he had ipoken in Scriveling $ of 
 the which he denies the one half, and above 
 all, that ever lie came in his chamber. For 
 | make him trufl me, it behoved me to fain 
 
 in
 
 MARY Qyeen of Scots. 1 3 
 
 in feme things with him 5 therefore when he 
 requeftcd me to promife unto him, that when 
 he was whole we mould have both one bed, I 
 faid to him, fainingly and making me believe 
 his promifes, that if he changed not purpofcs 
 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 j becaufc to fpcak amongft our fclves 
 the Lords could not be offended, nor will 
 evil therefore. But they would fear in rcfped 
 of the boafting he made of them, that if ever 
 we agreed together, he fhould make them 
 know the little account they took of him ; 
 and that he counfcllcd me not to purchafc 
 fomc of them by him, they for this caufe 
 would be in jcaloufic, if attains without their 
 knowledge, I fhould break the play let up in 
 the contrary in their prcfcncc. He (aid very 
 joyfully ; and think you they will cftccm you 
 the more for that ? but I am very glad that 
 you fpcak to me of the Lords, for I believe 
 at this time you dcfirc that we fhould live 
 together in quictncfs ; for if it were other- 
 ways, greater inconvcnicncy might come to 
 us both then we arc aware of 5 but now 1 will 
 do what ever you will do, and will love all 
 that you love, and defires you to make them 
 love in like manner ; for fmcc they feck not 
 my life, 1 love them all equally.. Upon this 
 point the bearer will fhcw you many fmall 
 things. Becaufc I have over much to write, 
 K 4 and
 
 1 36 A Detection of 
 
 and it is late, I give truft unto him upon your 
 word. So tli.it he will go upon my word to 
 all places. Alas, I never deceived any body ; 
 but I remit me altogether to your will. Send 
 me advertifemcnt what I (hall do, and what- 
 foever thing fhall come thereof I {hall obey 
 you. Advife to with your fclf if you can 
 find out any more fecrct invention by me- 
 dicine : For he mould take medicine and the 
 Bath at Cragmillar. He may not come forth 
 pf the houfe this long time. So that by all 
 that I can learn, he is in great fufpition 5 and 
 yet notwithftandinghe gives creditto my word; 
 but yet not fo far as that he will ihew any thing 
 to me. But neverthclefs I ihall draw it out 
 of him, if you will that I avow all unto him. 
 But I will never rcjoycc 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 caufc, by rcafon 
 you are the occafion of it your felf, becaufe for 
 inine 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 
 will never be Ipoken of, and yet they will 
 fpeak of great and finall. As towards the 
 Lady Rerefe he faid, I pray God that flic may 
 fcrve you for your honour. And faid, it is 
 thought, and he believes it to be true, that I 
 have not the power of my felf over my ielf, 
 
 and
 
 MARY Queen of Scots. 1 37 
 
 and that becaufe of the refufc I made of 
 his offers. So that, for certainty he fu- 
 fpects 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. 1 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. Advcrtife me if 
 you will have it, and if you will have more 
 fdvcr, and when I fhall return, and how far 
 I may fpcak. He inrages when he hears of 
 Lethmgton, or of you, or of my brother, of 
 your brother he fpcaks nothing, he fpcaks of 
 the Earl of Argyle, I am in fear when I hear 
 him fpcak 5 for he afiurcs himfclf that he has 
 not one evil opinion of him He fpcaks no- 
 thing of them that is ought neither good or 
 evil, but flies that point. His father keeps his 
 chamber, I have not fecn him. All the Ha- 
 mlltons arc here, that accompanies me very 
 honourably. All the friends of the other con- 
 veys me when I go to fee him. He dciires 
 me to come, and ice him rife the morn be- 
 time. For to make fhort, this bearer will tell 
 yon 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 laid in it ; for I am thinking up 
 on nothing but fraud, If you be in ^Edir^ 
 
 burgh
 
 138 A Detection 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 dear 
 Eove, I fpare neither honour, confcience, 
 
 hazard, nor greatncfs whatfo- 
 Huntley. ever, take it I pray in good 
 
 part ; and not after the inter- 
 pretation of your falfe good brother ; to 
 whom I pray you give no credit, againft the 
 moft faithful lover that ever you had, or ever 
 
 fhall have. See not her whofe 
 BothwelV w* faint tears Jhouldnot be fo much 
 
 praifed nor efleemed , as the 
 true and faithful travels , which I fuflain 
 for to merit her place. For obtaining of the 
 which againft my nature ', / betray them that 
 may impeach me. God forgive me, and God 
 give you, my only love, the hap and proipe- 
 rity, which your humble and faithful love de- 
 fires of you, who hopes to be ihortly another 
 thing to you for the reward of my irkfome 
 travels. It is late, I dcfire 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. 
 Excufe that thing that is fcriblcd, for I had 
 no paper yefterday when I writ that of the 
 memorial. Remember your love, and write 
 unto her, and that very oft. Love me as I 
 fhall do you. Remember you of the pur- 
 pofc of the Lady Rerefe y of the Englishmen, 
 of his Mother, of the Earl of Argyle, of 
 
 the
 
 MARY Qyeen of Scots. 1 39 
 
 the Earl Bothivel, of the lodging in Edin- 
 burgh. 
 
 Another Letter to Bothwel, concerning 
 certain tokens that fhe fent him. 
 
 MOnfieurJi /' envy de voftre al fence, ce- 
 luy de iioftre oubly, la cramte du dan- 
 ger, tant prove d' un chacun a voftre tant 
 amee perfonne, &c. 
 
 MY Lord if the difpleafurc of your ab- 
 fcnce, of your forgetfulnefs, the fear 
 of danger fo promifcd by every one to your 
 fo loved pcrfon, may give me confolation, I 
 leave it to you to judge, feeing the mifhap that 
 my cruel lot and continual mifadvcnture, 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 accuie you, neither of 
 your little remembrance, neither of your lit- 
 tle care, and leaft of all your promife broken, 
 or of the coldncls of your writing, flncc I 
 am elfe fo far made yours, that that which 
 plcafcs you is acceptable to me, and my 
 thoughts arc fo willingly fubducd 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 realbnable, 
 and fuch as I defirc my felf. Which is the fi- 
 nal
 
 140 A Detection of 
 
 ml 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 
 prcferve the fame, and without the which I 
 defire not but fuddain death. And to tcfti- 
 fie unto you how lowly I fubmit me under 
 your commandments. I have fent you in fign 
 of homage by Tareis the ornament of the 
 
 head, which is the chief guide of 
 Ahead. the other members. Inferring 
 
 thereby, that by the feiitng of you 
 in the pofleilion of the Ipoil of that which 
 is principal, the remnant cannot be but fub- 
 jcct unto you, and with confenting of the 
 heart. In place whereof fince 1 have elfe left it 
 unto you, I fend unto you one fcpulture of 
 hard ftonc coloured with black, fawin with 
 tears and bones. The ftone I compare to my 
 heart, that as it is carved in one faxtftfu/titfe 
 or harbour of your commandments, and a- 
 bove.all of your name and memory, that 
 
 are therein inclofed, as is my heart 
 The uee in this ring never to come forth, 
 teir. 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 willingnefs, for to be better be- 
 ftowed than I merit. The ameling tiiat is ar- 
 bour is black, which fignirics the ttedfaftnefi of 
 
 her
 
 MARY Qtyeen of Scots. 141 
 
 her that fcndcth the fame. The tears arc 
 without number, fo arc the fears to difplcafc 
 you, the tears for your abfence, the difdaia 
 that I cannot be in outward erred yours, as I 
 am without faintnefs of heart and fpirit, and 
 of good rcafon, though my merits were much 
 greater than that of the moft profit that ever 
 was, and fuch as I defire to be, and fhali take 
 pains in conditions to imitate, for to be be- 
 llowed 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 (hall not part 
 forth of my bofome while that marriage of 
 our bodies be made in publick, as fign of all 
 that I cither hope or defire of bliis in this 
 world. Yet my heart, fearing to diipleafe 
 you, as much in the reading hereof, as it de- 
 lights me in the writing, 1 will make an end,- 
 aftcr that I have killed your hand, with as great 
 affedion as I pray God ( O the only fupportcr 
 of my life ) to give you long and bleflcd life, 
 and to me your good favour, as the only'good 
 that 1 dcfire, and to the which 1 pretend. I 
 have fhcwn unto this bearer that which I have 
 learned, to whom I remit me, knowing die 
 credit that you give him, as fhe 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 any 
 change as unto him that I have made pofleflbr 
 of my heart, of which you, may hold you 
 
 allured,-
 
 A Detection of 
 
 affiircd, that unto the death fhall no ways be 
 changed, for evil nor good fhall never make 
 me go from it. 
 
 Another Letter to Bothwel of her love to 
 him. 
 
 JA T wile plus tard la haut queje n euffe 
 fait, Ji ce n* euft efte four tirer ce que 
 ce porteur vous dira , que je treu-ve la 
 plus belle commodite four excufer voftre af- 
 faire quice pourroit prefenter, &c, 
 
 I Have waked later there up then I would 
 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 notwithftanding 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 
 
 fhall
 
 MARY tjtyeen of Scots. 
 
 fhall auiire me 5 as to me 1 mall never defpair 
 of it. And prays you according to your pro- 
 mife to difcharge your heart unto me ; other- 
 wife I will think that my evil and the good 
 handling of her that has not a third pait 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 
 one fo unhappy as he was, nor yet my fclf 
 to one fo unpitiful a woman as fhe. How- 
 beit you caufe me to be fomewhat like un- 
 to her in any thing that touches you, or that 
 may preferve and keep you unto her, to whom 
 only you appertain : If it be fo that 1 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 promifc to me in the morn, but that 
 we may meet together, and that you 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 pre. 
 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 arc agree- 
 able unto you, I am going to bed, and will 
 
 bid
 
 144 -^ 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 5 if the bird get out of the cage, 
 or without her mate, as the Turtle, I (hall 
 remain alone to lament your abfence, 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 deeping. I durft not write 
 this before Jofeph, Baftian, and Joachim, 
 that did but depart even when I began to 
 write. 
 
 Another Letter to Botlowel concerning the 
 departure of Margaret Carwood, who 
 was privy, and a helper of all their 
 love. 
 
 MON coeur Mas ! faut il opie la foll'te 
 tfune femme, dont vous cognoiffe& 
 ajjez, I'ingratitude vers moy, foit caufe de 
 <vous donner -deplatfir, &c. 
 
 MY heart, alas, muft the folly of 2 
 woman, whofe unthankfulnefs to- 
 ward me you do fufficicntly know, be oc- 
 cafion of difpleafure unto you ? confvclering 
 that I could not have remedied thereunto 
 without knowing it ? And fince that I per- 
 ceive it, I could not tell it you, for that I 
 
 knew
 
 cots. 145 
 
 knew riot 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 ; for I will fol- 
 low it all my life, more willingly than you 
 (hall declare it to me. And if do not fend 
 me word this night what you will that I 
 mall 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 
 me (hall be married, I befeech you give me 
 one, or elfe I will take fuch as (hall con- 
 tent you, for their conditions, but as for their 
 tongues or faithrulnefs toward you, I will 
 not anfwer. I befeech you, that an opinion 
 of another perfon be not hurtful in your 
 mind to my conftancy. 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 fubje&ion, 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. 
 
 L Another
 
 A Dete&ion of 
 
 , Another Letter fent from Sterling to Both- 
 wet concerning the practice for her ra- 
 vifliinent. 
 
 MOnfieur helas, pour quay eft <voftre fiance 
 mife en perfonne fi indigne^ four 
 jbupconner ce qui eft entierement voftre. 
 J' enrage r vons m'a-viez promzfe, &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 I fhould do, you have done nothing 
 thereof. J advertifed you well to take heed 
 of your falfc Brother-in-law 3 he came to 
 me, and without fhewing me any thing from 
 you, told me that you had willed him to 
 write to you tliat 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 ertterprize, 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- 
 feives, and would deny that they had faid. 
 To be fhort, he is all contrary. I told him, 
 
 that
 
 een of Scots. 14.7 
 
 that feeing I was come ib far, if you not 
 withdraw yourfelf of yourfelf, that no per- 
 fwafion, nor death itfelf, ihould 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 fkk, 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 lince mine abfence 
 than I have, you fhould not be no\v to ask 
 fuch relblving. Well, there wanteth no- 
 thing of my part ; and feeing that your ne- 
 gligence doth put us both in the danger of 
 a falfe brother, if it fuccecd not well, I will 
 never rife again. I fend this bearer unto 
 you, for I dare not truft your brother with 
 theie letters, nor with the bufmefs. He (hail 
 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 gocth ill. You promiicd other 
 manner of matter of your forefeeing, but 
 abfence hath power over you, 
 who have two ftr ings to your Another mfe. 
 bow. DHpatch the anfwer, that 
 I fail not, and put no truft in your brother 
 for this cnterprizc, for he hath told it, and 
 is alib quite againft it. God give you good 
 night. 
 
 L 2 Another
 
 14.8 c/ Dete&ion of 
 
 Another Letter to Bothwel, for the prac- 
 tice and device to excufe the ravifhing. 
 
 DU lieu & de I'henre je m'en rap porte 
 a voftre frere <& a vons, je le fuiuray 
 & lie fauldray en rien de ma part, litroiwe 
 beaucoup 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 rmdcth many difficulties : I 
 think he doth adveitife 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 devifed. Methinks 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 fubject you 
 advance yourfelf, not to conftrain me, but 
 to allure yourfelf of fuch place nigh unto 
 me,- that other admonitions or foreign per- 
 fwaftons may not let me from confenting 
 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 action. And to be fhort, excufe 
 
 yourfelf
 
 MARY Qyeen of Scots. 1 49 
 
 yourfelf, and perfwade them the moft you 
 can, that you are conftrained to make pur- 
 fuit againft your enemies. You fhall fay 
 enough , if the matter or ground do like 
 you, and many fair words to Ledtnton. If 
 you like not the deed, fend me word, and 
 leave not die blame of all unto me. 
 
 Another Letter to Eothwel of the practice 
 for her ravifhment, and to advife him 
 to be ftrange to do it. 
 
 MOnJteur defms ma lettre efcrit voftre 
 beaufrere qui fuft, en i)enu a moy 
 fort trtfte, & m' a demande man counftil de 
 ce qu'ilferoit afres demain, &c. 
 
 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, becaufe there 
 be many folks here, and among others the 
 Earl of Southerland, who would rather die, 
 confidering the good they have fo lately re- 
 ceived of me, than fuffer me to be carried 
 away, they conduding niej and that he 
 feared there fliould fome trouble happen of 
 it : of the other fide, that it fhould be faid 
 that he were unthankful to have betrayed 
 me. I told him, that he ihould have rcfol- 
 ved with you upon all that ; and that he 
 L 3 fhould
 
 io c^f Detection of 
 
 fhould avoid, if he could, thofe that were 
 mofl miftrufted. He hath refolved to write 
 thereof to you of my opinion 5 for he hath 
 abafhed me to fee him f unrefolved at the 
 need. I afliire 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 jniftr lifting him, you 
 may be the more circumfped, and that you 
 may have the more power. For we had 
 vefterday more than three hundred horfe of 
 his, and of Lenifton. For the honour of 
 God be accompanied rather with more than 
 lefs ; 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 Anfaers. 
 
 IMMEDIATELY after the death of the 
 King, who was murthered, and his 
 houfe blown up with gun-powder, the pth 
 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
 
 MARY Qgeenof Scots, i $ 1 
 
 Edinburgh^ the 1 6th of February, in this 
 manner : 
 
 BECAUSE proclamation is made, that 
 whoibever will reveal the murthcrers 
 ot the King fhall have two thoufand pounds, 
 I, who have made inquifition by them that 
 were the doers thereof, affirm that the com- 
 mittcrs of it were the Earl 
 Bothwely M after James Bal- if this be not 
 foure, the Parfon of Flisk, 
 Mr. T)avid Chambers, Black f oor d. 
 Mr. John Spence, who was 
 principal dcvifcr of the murthcr, and the 
 Queen aflenting thereto, through the per- 
 fwafion of the Earl Jfytfa&e/ t and the witch- 
 craft of the Lady Biicklaugh. 
 
 UPON this, new proclamation was made 
 the fame day, dc fir ing the fetter up of the 
 faid bill to come and avow and fubfcribc 
 the fame, and he fhould have the fum pro- 
 mifcd 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 
 1 9th of the fame month. 
 
 Fo R so M u c H as proclamation hath been 
 ^ made fincc the fctting up of my firil 
 letter, dcluing me to fubfcribc and avow the 
 L 4 fane;
 
 152 o<f Detection of 
 
 fame 5 for anfwer, I defire the money to be 
 configned into an evenly man's hand, and I 
 I (hall appear on Sunday next, with fome four 
 with me, and fubfcribe my firft letter, and 
 abide thereat. And further, I defire that 
 Senior Francis Baft fan, and Jofefh 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 feflions at Edinburgh, with 
 an eniign difplayed, and the {facets full of 
 armed men of his fa&ion, was arraigned for 
 murther 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 challenge 
 any man (not defamed) 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 5 a Gen- 
 tleman, and a man of good fame, did by 
 prefcnts 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, 
 
 AND bccaufe the King of France and the 
 Queen of England had, by their Embafla- 
 dors, defired that trial and punif hment might 
 be had for the fame, he moft heartily there- 
 fore craved of their Majefties, that they 
 would defire 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 
 aflurance to him and to his company, to 
 pafs and repaft 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 fhould have the like 
 offer made unto them, and their names 
 given in writing, that they might be known 
 unto all men. 
 
 The
 
 Detection of 
 
 The Confejfions of John Ha- 
 
 and Pourie, upon whom was 
 
 iuftice executed the id of 
 j / . j * 
 
 January, the year of God 
 
 ' 
 
 JOHN Bo \VTON confeficd, that nine 
 was at the deed doing, my Lord Both- 
 wel, the Lord of Or/nifton, Hob Ormifton^ 
 himfelf, Talla, T>aglifh, Vilfon, Tonrie, and 
 French Tar is, 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 5 and if it 
 was, it was with others, and not with them. 
 
 Item, As touching Sir James Balfour, 
 he (aw not his fubfcriptiori 5 but I warrant 
 you he \vas the principal counfcllor and de- 
 vifer. 
 
 Item, H E
 
 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 kd to it as an 
 horfe to the ftall j for I had fhips provided 
 to fly, but could not efcapc. 
 
 Item, H E faid, let no man do evil for 
 counfel of great men, or their m afters, think- 
 ing they fhall fave them ; for furely I thought 
 that night that the deed was done, that al- 
 though knowledge fhould 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 die Queen in the 
 Tolebooth, he faid, God make all well i 
 but the longer the dirt is hidden, it is the 
 uronger. Who lives, our deaths will be 
 thought no news. 
 
 Item, I N the conclusion he confefTed, he 
 was one of the principal doers of the death, 
 and therefore was juftly worthy of death j but 
 he was affured of the mercy of God, who 
 called him to repentance. 
 
 A.LLA confeflcd, utfufra, agreeing 
 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 fa w him blown in the 
 air ? Who anfwered, Alas, my Lord, why 
 fpeak you that ? for whenever I hear fuch a 
 
 thing,
 
 c/4f Detection of 
 
 thing, the words wound me to death, as they 
 Ought to do you. 
 
 Item, THAT fame time he faw Sir James 
 Balfour put in his own name and his bro- 
 thers unto my Lord Bothwel's rcmiffion. 
 
 Item, H E 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, Minifter of 
 the Congregation, to pafs to my Lord Ijnd- 
 fey, and fay, My Lord, heartily I forgive 
 your Lordfnip, 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, defiring 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 5 for ye know it 
 was not begun in my head 5 but yet he 
 praifes God that his juftice has begun at 
 me, by the which he has called me to re- 
 pentance. 
 
 DAGLEISH
 
 MARY ^een of Scots. 157 
 
 Item, T~^\AGLEISH faid, AsGodlhallbe 
 \_J my judge, I knew nothing of the 
 King's death before it was done ; for my Lord 
 Botbwel going to his bed, after the taking 
 off of his hofe, which was flocked with 
 velvet, French Tarts came and fpake with 
 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 Ormifton's 
 lodging, and tarried for him, and thereafter 
 that he pafled 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 ; and after this 
 he came home, lay down in his bed, while 
 Mr. George H/icket came and knocked at the 
 door 5 and if I die for this, the which God 
 judge me if I knew more, what lhall 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 ! 
 
 JFhen rude Scotland has vomited up a 
 foyfon, mufl Jine England lick it up for a 
 rejiorative ? 
 
 O vile indignity ! 
 
 While your Queen's enemy liveth, her 
 danger continueth. T>efperate necejjlty will 
 dare the utmofl. 
 
 O cruel mercy ! 
 
 O ambition ! fed 'with pro (perity, flrength- 
 ned with indulgence, irritated with adver- 
 Jity, not to be negletted, trufted, nor par-
 
 D E JURE 
 
 R E G N I 
 
 A P UD 
 
 S C O T O S. 
 
 Or a DISCOURSE concerning the due 
 
 of 
 
 I N T H E 
 
 Kingdom of SCOTLAND, 
 
 In a DIALOGUE betwixt 
 
 GEORGE BUCHANAN 
 
 AND 
 
 THOMAS MA I TLA NT). 
 BY thefaid GEORGE BUCHANAN. 
 
 And tranflated out of the Original Latin into Englifl* 
 by aPerfon of Honour of the Kingdom of Scotland* 
 
 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 ; the 
 end and dcfign of which is 
 not to ufhcr in my Tranfla- 
 tion to the world with cu- 
 rious embellifhments of Oratory 9 (that fer- 
 ving only to gratify, or inchant a luxuriant 
 fancy) but alleunarly to apologize f Or i r ^ 
 CLl
 
 Tranjlator to the Reader. 
 
 cafe a Zoilus, or a Momus, fhall happen to 
 pcrufe the fame. Briefly, then I reduce all that 
 cither of thefe will (as I humbly perceive) ob- 
 jcd againft this my work, to thefe two gene- 
 rals, prevarication and ignorance. Hrft, they 
 will call me a prevaricator, or prevaricating 
 interpreter, and that upon two accounts, i f 
 Becaufe I have (fay they) fophifticated 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 fenfe in other places 
 by a too paraphraftical expofition. To the 
 firft I anfwcr, that none are ignorant, that 
 the original of this piece is a lofty laconick 
 ftilc of latin : Now I once having undertaken 
 froviciam interpret is ^ behoved to render my 
 interpretation fomewhat plain, and obvious 
 which I could never do in fome places, with- 
 out adding fome words (claritatis gratia) 
 but always I fought out the fcope (as far as my 
 fhallow capacity could reach) and fuited them 
 thereunto. Wherein 1 am hopcfull that no 
 ingenious impartial Reader, not prcpofleffed 
 with prejudice againft the matter contained 
 in the original, and confcqucntly againft the 
 translation thereof, will find much matter of 
 quarrel upon that account, if he will but take 
 
 an
 
 Tranjlator to tie Reader. 
 
 an overly view of the original, and fo com? 
 pare the Tranflation therewith. For I have 
 been 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 impqffible for an Interpreter to make 
 good language of any Latin piece, if he 
 fhall always verbum verbo redere ; I mean, 
 if he adhere fo clofe to the very rigour of 
 original, as to think it illicite to ufc any 
 paraphrafe, although the fuccinftncfs and 
 fummary comprehenfivcnefs of the original 
 ftile even cry aloud for it, as it were ; but 
 to filencc in a word thcfe critical iharlers, 
 where ever I have ufed any parafhrafe, I 
 likewife have let down the expedition ad 
 verbwn (to the beft of my knowledge) as 
 near as I could. 
 
 THE fecond challenge is of ignorance -, and 
 that becaufe I have p ailed by fomc Latin 
 verfes of Seneca, which are at the end of 
 fhis 'Dialogue, containing the Stoicks de- 
 fcription of a * King, without rranflating 
 
 * In this Edition 'tis tranflatecj into Engliflj Verfe by a 
 modern Hand. 
 
 them
 
 Tranflator to the Reader. 
 
 them into Englijh. Now, true it is I have 
 done fo, not becaufe I knew not how td 
 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 dtherwife 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 Tarnajfo, 
 Memini ut repentefa Toeta frodirem. 
 
 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 already, 
 and therefore I will go no further 5 I wifli you 
 fatisfaction in the Book, and fo 
 
 Vive & Vale. 
 
 GEORGF
 
 GEORGE BUCHANAN, 
 
 T O 
 
 King JAMES 
 
 THE 
 
 Sixth of that name, King of 
 Scots, ivijheth all health 
 and hapfinefs. 
 
 ffoote federal years ago, when a- 
 I !il mongft 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 mar 
 M fi
 
 Epiftle Dedicatory 
 
 fo (ay) what right, or what authority 
 both Kings and People have one with ano- 
 ther. Which book, when for that time it 
 ftemed fomewhat profitable, as {hutting the 
 mouths of fame, who more by importunat cla- 
 mours at that time, than what- was right, in- 
 veighed againft the courfi of affairs, requi- 
 ring thej'mght be killed acceding 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 
 fMck concord.- Now having lately fallen 
 upon that dotation? which Ifoundamongft 
 my fapers, and perceiving therein many 
 Things which might be-neceffary for your age, 
 .(efpecially yu being placed in that part of 
 hitman affairs] I bought good to publijh it, 
 that it" might be a ft anting, wttmfi of mine 
 afeftion towards you, and admonifi you of 
 your dutj towards tfyr Subjects, how many 
 things pervaded me that this my endeavour 
 fiould not be in vain ; efpecially your age 
 not yet corrupted by prave opinions, and in- 
 clination far above jour years for under- 
 taking all heroical and noble attempts, fpon- 
 taneoufly making baft thereunto, and not on- 
 ly your promptitude in obeying your Inftru- 
 and Qovernoiirs, but all juch as give 
 
 you
 
 to the KIN G. 
 
 yon 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 inftinff do fo much abhor flat- 
 tery, which is the nurfe of Tyranny, and a. 
 moft grievous plague of a Kingdom, fo as 
 you do hate the Court foltecifmes and barba* 
 rifmes no lefs, than thofe that feem to cen- 
 fare all elegancy, do love andaffettfuch things > 
 and every where in difcourfe fyread abroad* 
 as the fauce thereof, thefe titles of Maje- 
 Jty, Highnefs , and many other unfavory 
 compilations. Now albeit your good natu- 
 ral difpojition, and found inft ruff ions, where- 
 in you have been principled^ may at prefent 
 draw you away from falling into this err or > 
 yet I am forced to be fbme what jealous of 
 you , left bad company, the fawning fofter- 
 mother of all vices , draw a-jlde 'jour foft 
 mid tender mind into the worft part -, efpe- 
 cially feeing I am not ignorant, how eafc 
 ly our other fenfes yeild to fiduffion. This 
 book therefore I have fent unto you to be 
 not only your monitor, but alfo an importu* 
 nat and bold exaftor , which in this your 
 tender and flexible years may conduct you 
 Mi in
 
 Epiftle Dedicatory, &c. 
 
 m fafety from the rocks of flattery,' and not 
 1 only may admonijh you, but dlfo keep you in 
 the way you are once entred into ; and if 
 at any time you deviate, h may reprehend 
 and draw you back, the which if yon obey, 
 you jk all for your felf and for all your Sub- 
 jects acquire tranquillity and peace in this 
 life, and eternal glory in the life to come. 
 Farewell, from Stirveling, the tenth day of 
 January, in the year of man's fal-vation, one 
 'thoufand five hundred fiventy nine. 
 
 ADI A-
 
 A 
 
 DIALOGUE 
 
 Concerning the 
 
 RIGHT of GOVERNMENT 
 amongft the SCOTS. 
 
 BETWEEN 
 
 GEORGE BUCHANAN, 
 
 AND 
 
 THOMAS MAI TLAND. 
 
 HOMAS MAITLAND be- 
 ing of late returned home 
 from France, and I fcri- 
 oufly enquiring of him 
 thc'rtatc of affairs there, be- 
 gan (for the love I bear 
 to him) to exhort him to 
 continue in that courfc he had taken to ho- 
 nour, and to entertain that excellent hope in 
 M 3 thc
 
 1 66 Tl>e due Privilege of 
 
 the progrefs of his ftudies. For if I, being 
 but of an ordinary fpirit, and almoft of no 
 fortune, in an illiterate age, have fo wreftled 
 with the iniquity of the times, as that I fecm 
 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 pains 
 from noble defigns, nor can fuch defpair be- 
 ing aflifted by fo many helps. They ihould 
 therefore go on with vigour to illuftrate learn- 
 ing, and to commend themiclves and thofe of 
 their nation to the memory of after ages, 
 and pofterity, yea if they would but beltir 
 themfelves 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- 
 ftancc from learning, humanity, and all en- 
 dowments of the mind, as they are diflant 
 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 fhut up from it an entry to vcrtue and ho- 
 nour. Hereupon, whilft he did fpeak mean- 
 ly of himfelf ( which is his modefty ) but of 
 me more affectionately than truly : At laft 
 die tract of difcourfc drew us on fo far as I 
 judged convenient for that time 5 I began by 
 coucft to ask him, what was the opinion of 
 
 the 

 
 the Scots Government. 1 6j 
 
 the FrencL-e or other nations with whom he 
 had convcrfed in France, concerning or af- 
 fairs ? For I did not queftion, but that the no- 
 velty of affairs (as is uiual) would give oc- 
 cafion and matter of diicourfc thereof to all. 
 Why ( lakh he ) do you iicfire that of me > 
 For feeing you arc well acquainted with the 
 courfe of affairs, and is not ignorant what 
 the moft part of men do fpcak, and what 
 they think, you may cafily gucfs in your own 
 .confcicncc, that is, or at Icaft fliould be the 
 opinion of all. 
 
 B. BUT the farther that foreign nations arc 
 at a diflance, they have the lefs caules of 
 \vrath, hatred, love and other perturbations, 
 \vhichmay divert the mind from truth, and 
 for the mod part they ib much the more 
 judge of things finccrcly, and freely (peak 
 out what they think : That very freedom of 
 fp caking and .conferring the thoughts of the 
 heart doth draw forth many obfcurc things, 
 difcovers intricacies, confirm doubts, and may 
 Hop the mouths of wicked men, and teach 
 fucli as arc weak. 
 
 M. SHALL I be ingenious with you ? 
 
 B. WHY not ? 
 
 u\f. ALTHOUGH I had a great dcfirc after fo 
 long a time, to viilt my native country, pa- 
 rents, relations, and friends, yet nothing 
 did fo much inflame my dcfirc, as the cla- 
 mour of a rude multitude : For albeit I 
 thought my fclf well enough fortified cither 
 M 4 by
 
 I (58 The due Privilege of 
 
 by my own c onflant practice, 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 pusillanimity. For 
 when that horrid villany not long fince here 
 perpetrate, all with one voice did abominate 
 it, the author hereof not being known ; 
 the multitude which is more aded by preci- 
 pitancy, than ruled by deliberation, did charge 
 the fault of fome few upon all 5 and the com- 
 mon hatred of a particular did redound to the 
 whole nation, fo that even fuch as were moft 
 remote from any fufpicion, were inflamed 
 with the infamy of men's crimes. When there- 
 fore this ftorm of calumny was calmed, I be- 
 took my felf 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 exasperate, that now no 
 place of apology is left. For, how mail I 
 be able to fuftain 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 (hould fhew ano- 
 ther new example of atrocious cruelty againft 
 women, which fex very enemies do fparc 
 when cities arc taken in by force. Now from 
 
 what
 
 the Scots Government. 1 
 
 what villany will any dignity or Majcfty de- 
 ter thofc, who thus rage againft Kings ? Or 
 what place for mercy will they leave, whom 
 neither the weaknefs of fex, not innocency 
 of age will retrain ? equity, cuftom, laws, 
 the refpccl: to Sovereignty, reverence of law- 
 ful Magiftracy, which hence- forth they will 
 ether retain for fhame, or coerce for fear, 
 when the power of fupream authority is ex- 
 pofcd to the ludibry of the bafeft of the peo- 
 ple, the difference of equity and iniqui- 
 ty, of honefty and difhonefty being once 
 taken away, almoft by a publick confent, 
 there is a degeneracy into cruel barbarity. I 
 know I fhall hear thcfe, and more atrocious 
 than thefc fpokcn how foon I (hall return 
 into France again ; all mens ears in the mean 
 time being fhut from admitting any apology 
 or fatisfaction. 
 
 B. BUT I fhall cafily liberate you of this 
 fear, and our nation from that falfe crime. For, 
 if they do fo much deteft the atrocioufnels 
 of the firft crime, how can they rationally re- 
 prehend fcvcrity 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 fccm cruel. For neither they 
 nor you can praife or reproach both, provid- 
 ed you undcrihnd your fclvcs. 
 
 M. I do indeed abhor and deteft the King's 
 murther, and am gbd that the nation is free 
 
 of
 
 I 70 The due Privilege of 
 
 of that guilt, and that it is charged upon the 
 wickedncfs of fomc few. But this laft fact 
 I can neither allow nor difallow, for it 
 feems to me a famous and memorable deed, 
 that by coimfcl and diligence they have fcarch- 
 cd out that villany, which fmce the memory 
 of man is the moft heinous, and do puriiie 
 the perpetrators in a hoilile manner. But in 
 that they have taken order with the chief 
 Majeftratc, 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 rclifh 
 it, efpecially fuch as live under kingly Go- 
 vernment ; furely the greatnefe 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, bccaule 
 ibme of the Actors are of my intimate ac- 
 quaintance. 
 
 B. Now I almoft perceive, that it doth 
 perhaps not trouble you fo much, as thole 
 of foreign nations, who would be judges ojf 
 the vertues of others to whom you think fa- 
 tisfadion muft be given. Of thefc I 'hall fct 
 down three forts cfpecial'y, who will vehe- 
 mently enveigh againft that deed. Thcfirft 
 kind is moft pernicious, wherein thofe arc,who 
 have mancipated thcmfelvcs to the lulls of 
 Tyrants, and think cvc.y thing juft and law- 
 ful for them to do, w herein they may gratilic 
 Kings, and mcafurc every thing not as it is in
 
 the Scots Government. 171 
 
 it fclf, but by the luft of their M afters. Such 
 have ib devoted themiclvcs to the lufts of o- 
 thcrs , that they have left to thcmfelvcs no 
 liberty either to fpcak or do. Out of this 
 crew have proceeded thofe, who have moft 
 cruelly murthcred that innocent youth, with- 
 out any caufe of enmity, but through hope 
 of gain, honour, and power at Court to ia- 
 tisfie the luft of others. Now whilft fuch 
 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 do\vn ) to 
 be pulled out of their throat. I judge there- 
 fore that this kind of men fhould not be fatif- 
 fied fo much by rcafoning, as chaftifed by the 
 fevcrity of laws, and force of arms. Others 
 again arc all for themiclvcs ; thcfe men, tho* 
 othcrwife not malicious, are not grieved for 
 the publick calamity ( as they would feem to 
 be) but for their own domeftick damages, 
 and therefore they fcem to ftand in need ra- 
 ther of fbmc comfort, than of the remedies 
 of pcrfwafive 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- 
 felvcs do or fee done 5 for how much any 
 thing done doth incline from an ancient cu- 
 ftom, fo far they think it is fallen from ju- 
 Iticc and equity. And bccaufc thcfe be not 
 
 led
 
 1 7 2 The due Privilege of 
 
 led by malice and envy, nor yet by felf-inte- 
 rcft, the moft pait will admit information, 
 and to be weaned from their crrour, fo that 
 being convinced by the ftrength of reafon, 
 they yeild : Which in the matter of Pveligi- 
 on, we find by experience very often in thcfc 
 days, and alfo have found it in preceeding 
 ages. There is almoft no man fo wild, that 
 cannot be tamed, if he will but patiently 
 hearken to inftruction. 
 
 M. SURELY we have found oftentimes that 
 very true. 
 
 B. WHEN you therefore deal with this kind 
 of People fo clamorous and very importunat, 
 ask fome of them, what they think concern- 
 ing the punimment of Caligula, Nero or T)o- 
 mitian, I think there will be none of them 
 fo addicted to the name King, that will not 
 confefs, they were jtiftly punifhcd. 
 
 M. PERHAPS you fay right, but thcfe 
 very fame men will forthwith cry out, that 
 they complain not of the punifhmcnt of Ty- 
 rants, but are grieved at the fad calamities of 
 lawful Kings. 
 
 B. D o you not then perceive how cafdy 
 the people may be pacified ? 
 
 M. NOT indeed, unlcls you fay fome o- 
 tlier thing. 
 
 E. BUT I mall caufe you underftand it in 
 
 few words, the people ( you fay ) approve 
 
 the murthcr of Tyrants, but cpmpaflionat 
 
 the misfortune of Kings, would they not then 
 
 . change
 
 the Scots Government. \ 7 g 
 
 change their opinion, if they clearly undcr- 
 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 corifefs that Tyrants are 
 juftly killed, we might have a large entry 
 inade open to us for the reft, but I find fome 
 men, and thefe not of fmall authority, who 
 while they make Kings liable to the penalties 
 of the Laws, yet they will maintain Tyrants 
 to be facred perfons 5 but certainly by a pre- 
 poftcrous judgment, if I be not miftaken, yet 
 they arc ready to maintain their Goverment, 
 albeit immoderate and intolerable, as if they 
 were to fight for things both facred and 
 civil. 
 
 B. I have alfo met with fevcral Perfons of- 
 tentimes, who maintain the fame very pcrti- 
 jiaciouily 5- but whether that opinion be right 
 or not, we fhall farther difcufs it hereafter at 
 better convcnicncy. In the mean time, if 
 you pleafe, let us conclude upon this, upon 
 condition, that unlefs hereafter it be not fuffi- 
 cicntly confirmed unto you, you may have li- 
 berty to retrad the fame. 
 
 M. O N thefe terms indeed I will not re- 
 fufc it. 
 
 B. LET us then conclude thefe two to 
 be contraries a King and a Tyrant* 
 
 M. BE it fo. 
 
 B. H E therefore that fhall explain the ori- 
 ginal and caufc of creating Kings, and what 
 
 the
 
 i 74 Rfe */* Privilege of 
 
 the duties of Kings are 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 reprefentation then of both be- 
 ing laid out, do you not think that the peo- 
 ple will underfland alfo, what their duty is 
 towards both ? 
 
 M. I T is very like they will. 
 
 E. Now contrary wife, in things that are 
 very unlike to one another, which yet are 
 contained under the fame genus, there may 
 be fome iimilitudes, which may eafily in- 
 duce imprudent perlbns into an errour. 
 
 M. DOUBTLESS, there may be fuch, 
 and efpecially in the fame kind, where that 
 which is the worft of the two doth eafily per- 
 fonate the bcft of both, and ftudies 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 impreflcd in your 
 mind? For if you have it, you will favc me 
 much pains. 
 
 M. INDEED I could eafily cxprefs what 
 Idea I have of both in my mind, but I fear, 
 it may be rude and without form ; therefore 
 I rather dcfire to hear what your opinion is, 
 left whilft you arc a refuting me, our di 
 courfe become more prolix, you being both 
 
 in
 
 the Scots Government. 175 
 
 m ae;e and experience above me ; and are 
 well acquaint not only with the opinions of 
 others, but alfo have feen the cuftoms of ma- 
 ny, and their Cities. 
 
 E. I fhall then do it, and that very wil- 
 lingly, yet will I not unfold my own opinion 
 Ibmuch, 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 witli 
 refpcd to this time, but taken out of the opi- 
 nions of thofe, who not being concerned in 
 the prcfent controverfic, have no lefs elo- 
 quently, than briefly, given their judgment, 
 without hatred, favour, or envy, whofe cafe 
 was far from thcfe things ; and their opinions 
 I fhall cfpecially make ufe of, who have not 
 frivoloufly trifled away their time, but by vcr- 
 tuc and counfcl have flourifhed both at home 
 and abroad in well governed common- wealths. 
 But before I produce thefe witncflcs, I would 
 ask you fomc few things of no fmall impor- 
 tance, that there may be no neceflity to digrefs 
 from the purpofe in hand, nor to (lay in ex- 
 plaining or confirming things that are perfpi- 
 cuous and well known. 
 
 M. I think we mould do fo, and if you 
 plcatc, 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 Grangers did wander to and 
 fro without Laws, or certain dwelling places, 
 ?.nd did aflcmble together as their fond hu- 
 mours
 
 1 7 6 The due Privilege of 
 
 mours did lead them, or as fome commodity/ 
 and common utility did allure them ? 
 
 M. FORSOOTH I believe that ; feeing if 
 is confonant to the courfe and order of na- 
 ture, and is tcftified by all the Hiftorics of all na- 
 tions almoft, for Homer doth dcfcribe the re- 
 prefentation of fuch 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 houfc, wife 
 and children, nor is any of them at leifurc 
 to communicate his domeftick affairs to any 
 other. About the fame time alfo Italy is faid 
 to be no better civilifcd, as we may cafily con- 
 jecture 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 affociations of men 
 civilly incorporate, moft agreeable to nature ? 
 
 M. THE laft without peradventure, 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 themfelves within walls, and to 
 ,fhut the gates with one key. 
 
 B. BUT, do you think that utility was the 
 firft and main caufe of the adbciation of 
 men ? 
 
 M WHY
 
 the Scots Government. 177 
 
 M. W H Y riot, feeing I have heard from 
 the learned, that men are born for men ? 
 
 E. UTILITY indeed in fome fecms ve^ 
 ry efficacious, both in beginning and conferv- 
 ing the publick fociety of mankind 5 but if I 
 miftake not,' there is a far more venerable, or 
 ancient caufe of mcns aflbciating, and a more 
 antecedaneous and facred bond of their civil 
 community, otherwife, if every one would 
 have a regard to his own private advantage, 
 then furely that very utility would rather dif* 
 folve than unite human ibciety together. 
 
 M. PERHAPS that may be true, there- 
 fore I dcfire to know what other caufe you 
 will aflign. 
 
 B< A Certain inftinft of nature, not only 
 in man, but alfo in the more tamed fort of 
 bcafts, that although thcfc allurements of uti- 
 lity be not in them, yet do they of their own 
 accord flock together with other beads of 
 their own kind : but of thefe others we have 
 no ground of debate ; 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 cither for maintaining health, 
 or plcafurc and delight of mind, yet he will 
 think his life unplcafant without human con- 
 verfe. Yea, they who out of a deftrc of 
 knowledge, and an endeavour of irtvcftiga- 
 ting the truth, have withdrawn themfelves 
 from the multitude, and retired to fccret cor- 
 N ners,
 
 j 7 8 The due Privilege of 
 
 ners, could not long endure a perpetual vex- 
 ation of mind, nor, if at any time they fhould 
 remit the fame, could they live in folitude^ 
 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 Ihun it, I judge it doth ra- 
 ther proceed from a diftemper of the mind, 
 than from any inftincl: 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 coaft, eating his own heart, and fleeing 
 the very footfteps of men. 
 
 M. I do not in this much diffent 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 mod 
 part I am at a ftand to what I may mainly 
 apply it. 
 
 B. FORSOOTH at prefent I would have 
 no other thing to be underftood thereby, than 
 that LIGHT infitfidby God into our minds > 
 for when God formed that creature more fa- 
 cred^ and capable of a celeftial wind, and 
 which might have dominion over the other 
 creatures, he gave not only eyes to his Body, 
 
 whereby
 
 the Scots Government. 179 
 
 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 honeftj this light fome 
 call nature, others the Law of nature, for 1 
 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 an 
 abridgment of that LAW, which might con- 
 tain the whole in few words; vizi, Thatw 
 Jhould love him with all our foul, and our 
 Neighbours as our (elves, all the books of 
 holy Scripture which treat of ordering our 
 confer fat ion, do contain nothing elfe but an 
 explication of this Law. 
 
 M. Your think then that no Orator or 
 Lawyer, who might congregate difperfed 
 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 aftbciations of men legally 
 united, which are called Civil incorporations, 
 whofe feveral parts muft be as compaftly join- 
 ed together, as the feveral members of our 
 Body, and every one muft have their proper 
 function, 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- 1 
 N z feeing
 
 1 80 The due 'Privilege of 
 
 feeing of advantages, and thefe to be com- 
 municate for engaging the benevolence of all 
 amongft themfelves. 
 
 M> You do not then make utility, but 
 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 Juftice, 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 fo there muft be of neceffity in thefe 
 greater bodies, that is in Cities, which alfo 
 confift of various, ( yea. and for the moft 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 ; and 
 furely fuch mult needs foon diilblve and come 
 to nought 5 if one be not adhibited, who 
 as a Phyfician may quiet fuch difturbances , 
 and by a moderate and wholefome tempera- 
 ment confirm the infirm parts and compciTce 
 redundant humours, and fo take care of all the 
 members, that the weaker may not languifh 
 for want of nutrition, nor the ftrongcr be- 
 come luxuriant too much. 
 
 M. TRULY
 
 tie Scots Government. 1 8 1 
 
 M. TRULY, it muft needs be fo. 
 
 B. H o w then {hall we call him \vho pcr- 
 formcth thefe things in a civil Body ? 
 
 M. I am not very anxious about his name, 
 for by what name ibcvcr he be called, I think 
 he muft be a very excellent and divine pcrfon, 
 wherein the wifdom of our Anccftors feem- 
 cth to have much forcfcen, 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 fuch an 
 emphafa, that it holds forth before us clearly 
 a function in it felf very great and excellent. 
 
 B. You are very right, for we dcfign 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 collect, which we tranflate to denote 
 the function of a King? Such as Father 
 t^Eneas, Agamemnon^ pallor of the people, 
 alfo a Leader, Prince, Govcrnour. By all 
 which names fuch a fignification is implied, as 
 may mew that Kings are not ordained for thcm- 
 fclves, but for the people. Now as for the 
 name we agree well enough ; if you plcafc, 
 let us confer concerning the function, infift- 
 ing in the fame footfteps we began upon. 
 
 M. WHICH, I pray ? 
 
 B. D o you remember what hath been late- 
 ly ipoken, that an incorporation fccmcth to 
 N 3 b<?
 
 1 82 The due Privilege of 
 
 be very like our body, civil commotions like 
 to difeafes, and a King to a Phyfician > If 
 therefore we fhall underftand what the duty 
 of a Phyfician is, I am of the opinion, we {hall 
 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. 
 
 B. D o not cxped that I will here defcribe 
 every petty thing, for the time will not permit 
 it, neither doth the matter in hand call for it ; 
 but if briefly thefe agree together, you mall 
 eafily comprehend the reft. 
 
 M. G o on then, as you are doing. 
 
 B. THE fcope feemeth to be the fame to 
 us both. 
 
 M. WHICH? 
 
 B. THE health of the body, for curing 
 of which they are adhibited. 
 
 M. I underftand you, for the one ought to 
 fceep 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 
 perfed 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- 
 (tore it, if it become weak by ficknefs. 
 
 M. I aflent to you. 
 
 B. F o R the difeafes of bpth are a like. 
 
 M. I T feemeth fo.
 
 tie Scots Government. 1 8 5 
 
 B. F o R the redundance of things hurt- 
 ful, and want or fcarcity of things ncceflary 
 are alike noxious to both, and both the one 
 and the other body is cured almoft in the fame 
 manner, namely cither by nouriftiing that 
 which is extenuate and tenderly chcrifhing it, 
 or by aflVaging that which is full and redun- 
 dant by cafting out fuperfluities, and excrei- 
 fing the body with moderate labours. 
 
 M. I T 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- 
 <o a right temperament. 
 
 B. You 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 funftion. This fomc- 
 times is done by letting of blood, fometimcs 
 by the expelling of hurtful things, as by c- 
 geftion; and fometimcs exciting caft-down 
 and timorous minds , and comforting the 
 weak, and fo reduceth the whole body into 
 that temperament Ifpoke of; and being re- 
 duced, cxercifcth it with convenient exer- 
 cifes, and by a certain prefcribed tempera- 
 ture of labour and reft, doth prefcrvc the re- 
 ftored health as much as can be. 
 
 M. A L L the reft I eafily aflent to, except 
 
 that you place the temperament of the body 
 
 politick in Juftice ; feeing temperance even 
 
 N 4 by
 
 1 84. The due ^Privilege of 
 
 by its very name and profeflion doth juftly 
 feem to claim thdfe parts. 
 
 B. I think it is no great matter on which 
 of them you confer this honour. For fee- 
 ing all vertues, whereof the flrength is beft 
 perceived in a&ion, are placed in a certain 
 mediocrity and equability, fo are they in fonae 
 meafure connected amongft themfelves, and 
 cohere, fo as it feems to be but one office 
 in all, that is, the moderation of lufts. .Now 
 in whatfocver kind this moderation is, it is 
 no great matter how it be denominate j al- 
 beit that moderation, which is placed in pub- 
 lick matters, and mcns mutual commerces, 
 doth feem moil fitly to be underftood by the 
 name. of 'Jujlice. 
 
 M. H p R E i N I very willingly afTent 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 feemed to exceed all others in 
 equity and prudence, as is reported to be done 
 in beehives, they willingly conferred the go- 
 vernment p't kingdom on him. 
 
 M. I T is credible to have been fo. 
 
 B. BUT what if none fuch as we have 
 ippken of, Ihould 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 5 for by nature 
 J think it juft, that amongft thefc that are 
 
 equal
 
 tie Scots Government. 1 8 5 
 
 equal 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 elect fome cer- 
 tain Perfbn not altogether endowed with all 
 royal vcrtucs, 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 mall admit fome acute 
 man, yet not endowed with notable skill, 
 for curing difeafes ? fhall we prefently account 
 him a Phyftcian, as foon as he is chofcn by 
 all? 
 
 M. NOT at all ; for by learning and the 
 experience of many arts, and not by fufFragcs 
 is a man made a Phyfician. 
 
 B. WHAT maketh artifts in other arts ? 
 
 M. I think there is one reafon of all. 
 
 B. D o 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 whilfl 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 fagaciouily, noticing the events 
 on both hands, and perpending the caufcs 
 thereof, foine acute men have digeftcd a 
 certain order of precepts, and called that 
 defcription an art. 
 
 B. THEN, by the like animadverfion, may 
 not fome art of reigning be defcribcd, as 
 well as the art of phyfick ? 
 
 M. I think there may. 
 
 B. OF what precepts fhall it confift ? 
 
 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 fome precepts 
 of grammar, of phyfick and husbandry. 
 
 M. I underftand. 
 
 B. SHALL we not call thcfc precepts of 
 Grammarians and Phylicians arts and laws 
 alfo, and fo of others. 
 
 M. I T feems indeed fo. 
 
 B. D o not the civil laws feem to be cer- 
 tain precepts of royal art ? 
 
 M. THEY feem fb. 
 
 B. HE 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 Ihould be called a 
 Kins? M. You
 
 the Scots Government. 187 
 
 M. Y o u caufe me here to hefitate : For 
 if I would content with the former difcourfe, 
 the fuffrages of the people can no more make 
 him a King, than any other artift. 
 
 B. WHAT think you (hall then be done * 
 For unlefs we have a King chofen by fuf- 
 frages, I am afraid we fhall 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 cir- 
 cumfpeftly enough. 
 
 M. WHY? 
 
 B BECAUSE he would feem abfurd who 
 had 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 88 The due 'Privilege, 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. WHAT is then that governing facul : 
 ty of cities, which we mall call civil art or 
 fcience ? 
 
 M. I T fccms you would call it prudence : 
 Out of which, as from a fountain or fpring, 
 all laws, provided they be ufeful for the pre- 
 KTvatfon of humane fociety, muft proceed, 
 and be derived. 
 
 B. Y o u have hit the nail on the head ; 
 if this then were compleat and perfect in 
 any pcrfon, we might fay he were a King 
 fyy nature, and not by fuffrages, and might 
 rcfign over to him a free power over all 
 things 5 but if we find not fuch a man, we 
 fhall alfo call him a King, who deth 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 pleafc. 
 
 B. AND becaufc we fear he be not firm 
 enough againft inordinate affedtions, 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 bridlcr 
 of his lufts. 
 
 M. You do not then think that a King 
 mould have an arbitrary power over afi 
 things ? 
 
 B. N o T at all : For I remember, that he 
 is not only a King, but alib a man, erring 
 in many things by ignorance, often failing 
 willingly, doing many things by conftraint ; 
 yea a creature eafily changeable at the blaft of 
 every favour or frown, which natural vice a 
 magiftratc ufe alfo to incrcafc : So that here 
 I chiefly find that of the Comedy made true, 
 All by licence become worfe. Wherefore the 
 moft prudent have thought it expedient to 
 adjoyn to him a law, which may either fhcw 
 him the way, if he be ignorant, or bring 
 him back again into the way, if he wander 
 out of it : By thcfe, I fuppolc, you under- 
 itand, as in a reprefentation, what I judge to 
 be me duty of a true King. 
 
 M. O F the caufe of creating Kings, of 
 their name and dun* you have fully fatisfied 
 me. Yet I ihall not repine, if you pleafc 
 to add ought thereto : Albeit my mind doth 
 haftcn to hear what yet iccms to remain, yet 
 there is one thing which in all your difcourle 
 did not a little offend me, which I think 
 fhould not be paft over in filcncc, i'iz. that 
 you fccm fomcwhat injurious to Kings, and 
 this very thing I did fufped in you frequent- 
 ly before, whilft I often heard you fb pro- 
 
 fuTei/
 
 1 90 The due ^Privilege of 
 
 fufely 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 y 
 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 Coniul, be the 
 name 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 5 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 j and die 
 firft Confuls did not only retain the honours 
 of Kings, but alfo their empire and authority : 
 This only was the difference, that not one, 
 but two of them did reign (which alfo you 
 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 w*e fpoke at firft, that Kings 
 at firft were inftituted 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 ; 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 
 vefled with an infinite and immoderate pow.- 
 er, did not contain themfelves within bound, 
 but connived at many things out of favour, 
 hatred, or fclf-intereft, the infolency of 
 Kings made laws to be defired. For this 
 cauie, 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 ta 
 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 (till keep one and the fame tenor. 
 This one way of government is to Kings 
 prefcribcd, otherwife free, that they fhould 
 conform their actions 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 a f peaking law, 
 and the law a dumb King. 
 
 M. A T firft you fo highly praifed Kings, 
 that you made their majefty almoft glorious 
 
 and
 
 I p 2 The due Privilege of 
 
 and facred 5 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 fpcak. 
 And as for my part, you have difappointed 
 me of my expectation very far : For I ex- 
 pected (according to the moft famous Hifto- 
 rians) you fhould have reftored the thing 
 which is the moft glorious both with God 
 and man, into its own fplendor, cither 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 
 fubjection ; and that authority, which through 
 all the world is the chiefeft, you having 
 hedged in round about and made it almoft 
 fb contemptible, as not to be dcfired 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 action about other mens affairs^ 
 be in perpetual trouble, and neglecting 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 Bifhops 
 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,
 
 the Scots Government. 193 
 
 plough, who took upon them that glorious 
 dignity* 
 
 B. CONSIDER, I pray you, in how 
 great an crrour you are, who does think 
 that Kings were created by people and na- 
 tions, not for jufliee, but for pleafure, and 
 docs think there can be no honour, where 
 wealth and pleafures abound not; wherein 
 confidcr how much you diminifh their gran- 
 deur. Now that you may the more eafily 
 underftand it, compare any one King of thofe 
 you have fcen apparallcd 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, I 
 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 an 
 old woman, petitioning Thilip King of Ma- 
 cedon to hear her caufc, anfwered him, he 
 having faid to her he had no leifure; to 
 which fhe replied, Then ceafe (faid me) t0 
 be King? Have you never heard (I fay) 
 that a Kingj 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 fo to do? Compare then this 
 
 iltfj not only with the grcatcft Kings that 
 O arc
 
 1 94. The due Privilege of 
 
 arc now in Europe, but alfo with all that 
 can be rcmembred of old, you fhall furely 
 find none of them comparable to thofe, ei- 
 ther for prudence, fortitude, or activity j few 
 equal to them for largenefs of dominions. 
 If I mould enumerate Agefilaus, Leonidas^ 
 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 filenccj her name wasG0r0, the 
 daughter of Cleomedes : She feeing a fervant 
 pulling off the ftockings of an Afian Gucft, 
 and running to her father, cried out, Fa- 
 ther , the Gueft hath no hands. From which 
 fpeech of that maid you may eafily judge 
 of the Lacedemonian difcipline, and dome- 
 (tick cuftom of their Kings. Now thofc 
 who proceeded out of this ruftick, but cou- 
 rageous way of life, did very great things 5 
 but thofe who were bred in the Afiatick 
 way, loft, by their luxury and (loth, 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 
 inclofe, yet of him the Spanijh Kings are 
 not afhamed, accounting it their greateft 
 glory to be defcended of him. But feeing 
 this place doth call for a more large difcourfe, 
 
 let
 
 the Scots Government. 
 
 let us return from whence we have digrcflecN 
 for I defirc to fhew you with the firft 
 what I promifcd, namely, that this form of 
 government hath not been contrived by me, 
 but fcems to have been the fame to the moft 
 famous men in all a^es, and I mail briefly 
 ihcw you the fpring from whence I have 
 drawn thcic things. The Books of M. Tul- 
 Ihis Cicero >, which are cntit'uled, Of Offic.Sj 
 are, by common confent of all, accounted 
 moft prailc- worthy > in the Second B6ok 
 thereof thefe words are fet down verbatim : 
 " It fcems (as Herodotus faith) that of old* 
 " well- bred Kings were created, notamongft 
 tf the Medes only, but alfo amongft our 
 " ancellors, for executing of jullice ; for" 
 " whilft at rkil the people were opprcflcd 
 " by thole that had greatcft wealth, they 
 " betook themfelvcs to fome One who was 
 " eminent for virtue, who whilft he kept 
 " off the wcakeft from injuries, cftablilhing 
 u equity, he hemmed in the higheft with 
 " rhc loweft, by equal laws to both. And 
 " the rcafon of making laws, was the fame 
 " as of the creation of Kings j for it is re- 
 " quillte that juftice be alv/ays equal, for 
 " orhcrwife it were not juftlce. If this they 
 " did obtain from one good and juft man/ 
 " they were therewith well pleafedi 5 when 
 *' that did nor occur, laws were made, which 
 " by one and the fame voice might fpeak 
 " to all alik. This then indeed is cvidcfir, 
 O a " that
 
 1 96 The due Privilege of 
 
 " that thofc were ufually chofen to govern., 
 < of \vhofe juflice the people had a great 
 " opinion. " Now this was added, " That 
 tl thefc Rulers or Kings might be accounted 
 " prudent, there was nothing that men 
 " thought they could not obtain from fuch 
 " Rulers." I think you fee from thefc words, 
 what Cicero judgcth to be the reafon of re- 
 quiring both Kings and laws. I might here 
 commend Zenofhon a witnefs requiring the 
 fame, no lefs famous in warlike affairs, than 
 in the ftudy of philofophy 5 but that I know 
 you are fo well acquainted with his writings, 
 as that you have all his fcntenccs marked. 1 
 pafs at prcfent Tlato and Ariflotle^ albeit 1 
 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 Thyeftes is defcribed : Not 
 fo much becaufe that idea of a King is not 
 perfect, as becaufe that examples of a good 
 Prince may be rather imprefled 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. 197 
 
 the Grecians did moft flourifh in all liberal 
 fcicnces, did rule the greateft nations, or 
 well governed cities; and did fo rule, that 
 whilft they were alive were in very great c- 
 ftcem amongft their people, and being dead 
 left to poftcrity a famous memory of them- 
 fclvcs. 
 
 M. \ F now you ask me what my judg- 
 ment is, I fcarcc dare confefs to you either 
 mine inconftancy or timidity, or by what o- 
 ther name it mail pleafe you to call that vice. 
 For as often as I read thefc things you have 
 now recited in the moft famous Hiftorians, 
 or hear the fame commended by very wife 
 men, whofc authority I dare not decline j and 
 that they are approved by all good and honeft 
 men not only true, equitable and iinccre, 
 but alfo feem ftrong and fplcndid again as oft 
 as I caft mine eyes on the neatnefs and ekr 
 gancy of our times, that antiquity leemeth to 
 have been venerable and fober, but yet rude, 
 and nor fufficiently poliihcd, but of thefe 
 things we may perhaps fpeak of hereafter at 
 more leifurc. Now if it pleaie you, go on 
 to profecute what you have begun. 
 
 B. MAY it plcaic you then that we recoi- 
 led briefly what hath been faid ? So mall we 
 underftand beft what is paft, and if ought 
 be rafhly granted, we mail very loon retract 
 it. 
 
 M. YES indeed. 
 
 O 3 B. FIRST
 
 ! p 8 Tbe due Privilege of 
 
 B. FIRST of all then we agree, that men 
 by nature are made to live in fociety toge- 
 ther, arid for a communion of life. 
 
 M. THAT is agreed upon. 
 
 B. THAT a King alfo chofcn to maintain 
 that fociety is a man eminent in vertue. 
 
 M. I T is fo, 
 
 B. AND as the difcords of men amongft 
 themfelves brought in the neceillty of crea- 
 ting a King, fo the injuries of King's done a- 
 gainft their Subjects were the caufe of defiring 
 Laws. 
 
 M. I acknowledge that. 
 
 B. W E held Laws to be a proof of the 
 Art of Government, even as the precepts of 
 Phyfick are of the medicinal art. 
 
 M. IT is fo. 
 
 B. BUT it fcems to be more fafe ( becaufe 
 in neither of the two have we fet down any 
 Singular and exact skill of their feveral Arts ) 
 that both do, as ipeedily as may be, heal by 
 thefe prcfcripts of Art. 
 
 M. I T is indeed fafcft. 
 
 B. N o w {he precepts of the medicinal 
 rt are not of one kind. 
 
 M. How? 
 
 B. F o R fome of them are for prefcrvati- 
 on of health, others for reiteration thereof. 
 
 M. VERY right. 
 
 B. WHAT fay you of the governing 
 Art / 
 
 M. I think, there may be as manykinds. 
 
 B. NEXT
 
 the Scots Government. 1 99 
 
 B. NEXT then it feems, that we confi- 
 dcr it. Do you think that Phyficians can fb 
 exadly have skill of all difeafcs, 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 induflry found out, or 
 brought from far countries. 
 
 B. W H A T think you of the Laws of com- 
 mon wealths. 
 
 M. S URELY their cafe teems to be the 
 fame. 
 
 B. THEREFORE neither Phyficians, 
 nor Kings can cvite or cure all difeafes of 
 commonwealth, by the precepts of their 
 Arts, which are delivered to them in writ. 
 
 M. I think indeed they cannot. 
 
 B. WH AT if we fhall farther try of what 
 things Laws may be cftablifhed in common- 
 wealths, and what cannot be comprehended 
 within Laws. 
 
 M. THAT will he worth our pains. 
 
 B. THERE feems to be very many and 
 weighty things, which cannot be contained 
 within the Laws. Fir/?, All liich things as 
 fall into the deliberation of the time to come. 
 
 JL ALL indeed. 
 
 B. NEXT, many things already paft, fuch 
 are thefe wherein truth is fought by conjc- 
 fturcs, confirmed by witneflcs, or extorted by 
 torments. O4
 
 ?oo T f he due Privilege of 
 
 M. YES, indeed. 
 
 B I N unfolding than thcfe queflions what 
 {hall 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 are infti- 
 tute with refpcct 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 conje&ures are found out, and made out 
 by witneiTes, fuch as are the crimes of mur- 
 ther, adultery and witchcraft. 
 
 M. THESE are examined by the skill of 
 Lawyers, diicovered by diligence, and thefe I 
 find to be for the moft part left to the judg- 
 ment of Judges. 
 
 B. AND perhaps very right > for if a King 
 would needs be at the private caufes of each 
 Subjeft, when mall he have time to think 
 upon peace and war, and thofe affairs which 
 maintain and preferve the fafety of the com- 
 monwealth ? Andlaftly,when mail he get leave 
 tp reft > 
 
 M. N E i T H E R would I have the cogni- 
 tion of every thing to be brought unto a 
 King, neither can one man be futfkient for 
 all the caufes of all men, if they be brought: 
 unto him ; that counfel no lefs wife than ne- 
 ccffary doth pleafe me exceeding well, which 
 the father in law of Mofes' gave him in di- 
 viding amoiigil many the burden of hearing
 
 the Scots Government. 201 
 
 caufes, whereof I (hall not fpeak much, fee- 
 ing the hiftory is known to ail. 
 
 B. BUT I think, thcfe Judges muft judge 
 according to law. 
 
 M. THEY muft indeed do fo. But as I 
 conceive, there be but few things, which by 
 Laws may be provided againft, in refpeft of 
 thofe which cannot be provided againft. 
 
 B. THERE is another thing of no lefs 
 difficulty, bccaufe all thefe things which call 
 for Laws, cannot be comprehended by cer- 
 tain preicriptions. 
 
 M. How fo I 
 
 B. LAWYERS, who attribute very much 
 to their own Art, and who would be account- 
 ed the Priefts of Jufticc, do confefs that there 
 is Ib 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 ? 
 
 AL NOT much, unlefs he be fpme di- 
 yinc-like p erf on. 
 
 B. A N other difficulty doth alfo occur, and 
 that not a fmall one, that in fo great an in- 
 onftancy of humane frailty, no art can al- 
 moft prefcribc any things altogether ftableand 
 firm. 
 
 M. T H E R E is nothing more true than 
 that. 
 
 B. IT
 
 202 The due Privilege of 
 
 E. I T feemcth then moft fafe to truft a 
 skilful Phyfician in the health of the patient, 
 and alfo the Kings 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 ; and a King doth either perfwade a new 
 law yet ufeful to his Subjeds, or elfe may im- 
 pofe it againft their will. 
 
 M. I do not fee what may hinder him 
 therein. 
 
 E. Now feeing both the one and the o- 
 ther do thefe things, do you think that befides 
 the Law, either of them makes his own 
 Law ? 
 
 ' M. IT fecms that both doth it by Art. 
 For we have before concluded not that to be 
 Art which confifts of precepts, but vcrtue 
 contained in the mind, which the artift ufual- 
 ly makes ufe of in handling the matter which 
 is fubjed 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 the King from 
 whence he was by force dejeded. 
 
 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 exador of 
 duty, thinks nothing right, but what itfelf 
 doth command. But with a King, there is 
 an excufc of infirmity and temerity, and place 
 
 of
 
 the Scots Government. 203 
 
 of 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 fcx, another his 
 poverty, drunk enncfs, affection. Whnt lakh 
 the law to thefc excufes ? Go officer or ferjc- 
 ant, convene a band of men, hood wink him, 
 fcourge him, hang him on a tree. Now you 
 know how dangerous a thing it is, in fo great 
 a humane frailty, to have the hope of iafety 
 placed in innocency alone. 
 
 M. I N very truth you tell me a thing full 
 of hazard. 
 
 B. SURELY as oft as thefe things come 
 into mind, I perceive fome 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 comparifon of a Phyftcian, 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 
 2 free liberty of curing. 
 
 M. WHAT doth herein cipecially offend 
 you ? 
 
 . WHEN you hear it, you will then 
 judge, two caufes arc by us let down, why it 
 is not expedient for a people that Kings be 
 loofcd from the bonds of Laws, namely love 
 and hatred, which drive the minds of men to 
 
 and
 
 204 The due Privilege of 
 
 and fro in judging. But in aPhyfician it is 
 not to be feared, left he fail through love, fee- 
 ing he expedeth a reward from his patient 
 being reftored to health. But if a patient 
 underftand that his Phyikian is folicited by 
 intreaties, promifes and money againft his 
 life, he may call another Phyiician, or if he 
 can find none other, I think it is more fafe 
 to feek fome remedy from books how deaf 
 foevcr, than from a corrupt Phyfician. Now 
 becaufe we have complained of the cruelty of 
 Laws, look if we underftand one another fuf- 
 ficiently. 
 
 M How fo> 
 
 B. W E judged an excellent King, fuch as 
 we may more fee in mind than with bodily 
 eyes, not to be bound by any Laws. 
 
 M, BY none. 
 
 E. WHEREFORE? 
 
 M. I think, becaufe, according to 'Pan!, he 
 ihould be a law to himfelf and to others, that 
 he may exprefs in life what is by law enjoined. 
 
 E. Y o u judge rightly j and that you may 
 perhaps the more admire, fcvcral ages before 
 Ariftotle 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. But that we may pro- 
 fecute our purpofe. What fhall we fay they 
 had a refpect unto, who firft made Laws ? 
 
 M. EQUITY I think, as hath been laid be- 
 fore. B. I
 
 tie Scots Government, 
 
 B. I do not now demand that, what end 
 they had before them, but rather what pat- 
 tern they propofed to themfelves ? 
 
 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. 
 
 B. You I think 5 what the dominion is 
 of the mind over the body. 
 M. I feem to know it. 
 B. You 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 perfed than the works to be done, 
 which according to that pattern the chiefcft 
 Artifts do frame and as it were exprefs. 
 
 M. 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 
 (hut 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 
 fet before them, who made Laws ? 
 
 M. I feem almoft to undcrftand what you 
 would be at. Namely, that they in council 
 hand an Idea of that perfect. King, and that 
 
 they
 
 2O<5 The due Privilege of 
 
 they did exprefs a certain linage^ not of the 
 body but of the mind, according to that fore-' 
 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 confidcu what manner of King 
 that is which we have constitute at firft, was 
 he not one firm and ftedfaft againft hatred, 
 love, wrath, envy, and other perturbations of 
 the mind? 
 
 M. WE did indeed imagine him to be 
 fuch a one ; or believed him to have been 
 fuch to thole 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 T can 
 change neither, or ought to defire it, yet I 
 would flaken both fomewhat, if I can. 
 
 B. BUT God defires not that mercy be 
 {hewed even to the poor in judgment, but 
 commandeth us to rcfped that one thing 
 which is juft and equal, and to pronounce 
 fentence acccordingly. 
 
 M. I do acknowledge that, and by truth 
 am overcome. Seeing therefore it is not law- 
 ful to loofe Kings from the bonds of laws/ 
 who fhall then be the lawgiver ? Whom (hall 
 we give him as a Pedagogue ? B.
 
 the Scots Government. 207 
 
 B. WHOM do you think fitted to per- 
 form this duty ? 
 
 M. I F you ask at me, I think die King 
 himfclf. For in all other arts almoft we iee 
 their precepts arc given by the Artifts ; where- 
 of they make ule, 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 grant that a King is at liberty and fol- 
 ved from the laws, fhall we grant him the 
 power to command laws ? For no man will 
 willingly lay bonds and fetters upon himfclf. 
 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 himfclf 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 ib let him be 
 fent 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 1 would have it in the people's 
 power, who gave him the authority over 
 themlelvcs, to prefcribe to him a model of his 
 government, and that the King may make life 
 of thatjuftice, which the people gave him o- 
 
 vcr
 
 2 o 8 The due Privilege of 
 
 ver themfelves. This I crave. I would not 
 have thefe laws to be by force impofed, as 
 you interpret it, but I think that by a com- 
 mon council with the King, that fhould be 
 generally eftablifhed, which may generally 
 tend to the good of all. 
 
 M. You will then grant this liberty to the 
 people ? 
 
 B. EVEN to the people indeed, unlefs 
 perhaps you be of another mind. 
 
 M. NOTHING fcems lefs equitable. 
 
 B. WHY fo? 
 
 M. Y o u know that faying, A beaft with 
 many heads. You know, I fuppofe, how 
 great the temerity and inconftancy of a peo- 
 ple 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 feleft number out of all cftates 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 ? Bccaufe, I 
 think,within man two moft cruel monfters luft 
 and wrath are in a continual conflid with rea- 
 fbn. Laws have been greatly defired, which 
 might reprefs their boldnels, and reduce them 
 too much infulting, to regard a juft govern- 
 ment.
 
 the Scots Government. 209 
 
 mem. What will thefe counfcllors given by 
 the people do ? Are they not troubled by that 
 fame inteftine conflict ? Do they not conflict, 
 with the fame evils as well as the King ? The 
 more then you adjoin to the King as aflfeflbrs 
 there will be a greater number of fools, from 
 which you fee what is to be expected. 
 
 B. B u T 1 expect a far other thing than you 
 fuppofe. Now I fhall tell you why I do ex- 
 pect, it. Firft, It is not altogether true what 
 you fuppofe, L'/s, That the aflembling toge- 
 ther of a multitude is to no purpofe, of which 
 number there will perhaps be none of a pro- 
 found wit ; 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. For a multitude for 
 the moft part doth better judge of all things, 
 than ftngle pcrfons apart. For every one apart 
 have fome particular vertues, which being uni- 
 ted together make up one excellent vcrtue, 
 which -may be evidently fecn in Phyficians 
 pharmacies, and efpccially in that antidote, 
 which they call Mithredate. For therein are 
 many things of thcmfclves hurtful apart, which 
 being compounded and mingled together make 
 a wholefome remedy againit poifon. In like 
 manner in fome men flownels 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. B E
 
 2 1 Q The due ^Privilege of 
 
 M. BE it fo, feeing you will have it ib, 
 let the people make laws and execute them j 
 and let Kings be as it were keepers of Regi- 
 fters. But when laws fecm to clafli, or are 
 not exaft and perfpicuous enough in fanctions, 
 will you allow the King no intercft or mcdling 
 here, efpecially fuice you will have him to 
 judge all things by written laws, there muft 
 needs enfue many abfurditics. And, that 
 I may make ufe of a very common example of 
 that law commended in the Schools. If a 
 ftrangcr fcale a wall, let him die, what can be 
 more abfurd than this, that the Author of a 
 publick fafety ( who have thruft down the e- 
 nemies preiling hard to be up ) fhould be 
 drawn to punifhmcnt, as if he had in hoftili- 
 ty attempted to fcale the walls. 
 
 B. THAT is nothing. 
 
 M. You approve then that old faying, 
 the higheftjuftice is the higheft 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 fuflfer the laws which 
 are made for the good of all to be calamitous 
 to good men, and deprehendcd in no crime. 
 
 M. Y o u are very right, neither is there 
 any thing .el(e by me fought in all this diipute, 
 ( if you have fufficiently noticed it ) than that 
 Ciceronian Law might be venerable and in- 
 violable Salus populi fitprema Lex eflo. If 
 then any fuch thing lhall come into debate, 
 fo that it be clear what is good and jufr, the 
 
 King's
 
 the Scots Government. 2 1 1 
 
 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 aflume. For you 
 know that this kind of qucfUons is ufually de- 
 fered to Judges, when Law feemeth to re- 
 quire one thing, and the Lawgiver another 5 
 even as thefe laws which arife from an ambi- 
 guous right or from the difcord of Laws a- 
 mongft themfelvcs. 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 lels wrong feems to be 
 done to laws than to Kings. For I think it 
 better to end that debate prcfently from the 
 faying of one good man, than to grant the 
 power of darkning rather than interpreting 
 laws to fubtile men, and fomctimcs to craf- 
 ty Knaves ; for whilli not only contention 
 arifeth betwixt advocate for the caufes of par- 
 ties contending, but alfo for glory, contefts 
 arc nourifaed in the mean time, right or wrong 
 equity or iniquity is called in qucftion ; and 
 what we deny to a King, we grant to men of 
 infcriour rank, who ftudy more to debate 
 than to iind out the truth. 
 
 B. Y ou iccm to me forgetful of what we 
 lately agreed upon. 
 
 M. WHAT is that? 
 
 P z B. THAT
 
 212 The due ^Privilege of 
 
 B. T H A T all things are 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. BUT 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 his own heart's loft he 
 may turn all things upfide down. 
 
 M. IF I do that, then certainly I do it im- 
 prudently. 
 
 B. I fhali 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 meaneth, 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 adlions for his own benefit 
 or advantage, as the Lesbian rule. A]>. Clau- 
 dius in his < T>ecem f viratus y made a very juft 
 law, that in a liberal caufe or plea, fureties 
 mould be granted for liberty. What more 
 clearly could have been fpoken. But by in- 
 terpreting the fame Author made his own law 
 
 ufelefs.
 
 the Scots Government. 2 1 3 
 
 ufeleft. You ice ; I fuppofe how much li- 
 berty you give a Prince by one caft, namely 
 that what he pleafeth the Jaw doth fay, what 
 pleafcth him not, it doth not fay. If we mall 
 once admit this, it will be to no purpofe to 
 make good laws for teaching a good prince 
 his duty ; 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 
 ftcal mould 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 he will degenerate into 
 their pravity, whom he hath rcftraincd by ig- 
 nominy, imprifonment, confiication of goods, 
 and in a word with very grievous punifhmcnts? 
 
 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 thefe 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 miichicf hath the immoderate 
 power, and unbridled tyranny of the pope of 
 Rome brought upon humane affairs? Even 
 that power which from imall beginning and 
 fecmingly honeit he had got, every man doth 
 P 3
 
 214 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 inncrmoft fecrets of 
 nature, but given by God himlelf, 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, exprciTed in their life, 
 and fealcd with their blood. Neither is there 
 in the whole law any other place more care- 
 fully, commcndably > or more clearly deli- 
 vered, than that of the office of Bishops. 
 Now feeing it is lawful to no man to add any 
 thing to thefe laws, ro abrogate or derogate 
 ought therefrom, or to change any thing 
 therein, there did remain but one interpre- 
 tation, and \vhilft 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 
 ireduce 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 fpeak^ Chrift there- 
 fore fpeaking by the moutn of the Pope,
 
 tie Scots Government, z i $ 
 
 c Pifm is fct in Childericks place of govern- 
 ment, Ferdinandus of Arragon fubftitute to 
 John King of Navarre > the fon arofc in 
 arms againft his father, and fubjccls againft 
 their King. Chrift is full of poifon, then he 
 is forced by witches, fo that he killcth Hen- 
 ry of Luxemburg by poilbn. 
 
 M. I have heard thefe things often before, 
 but I defire to hear more plainly iomcwhat 
 of that interpretation of laws. 
 
 B. I (hall offer you one example, from 
 which you may cafiiy undcrfland, how much 
 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 reprefs 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 honcft and pious, if he had not vitiated 
 that law again by another interpretation. What 
 doth therefore the Pope deviie for excufe ? It 
 varieth ( faith he ) in regard of perfons, ca- 
 fes, places and times. Some arc of that emi- 
 nent difpofition, that no number of Churches 
 can fatisfie their pride. Some Churches a- 
 gain arc fo poor, that they cannot maintain 
 him who was lately a begging Mortk^ if he 
 now have a mitre, if he would maintain the 
 name of a Bifhop. There is a rcafon in- 
 
 P 4 YCillcd
 
 2 i-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 fhould reckon up the 
 cheats, which are daily excogitat againft one 
 law. But albeit thefe things be moft unbe- 
 recming as well the name of a Pope, as of a 
 'Chriftian, yet their tyranny rcfts not here : 
 For fuch is the nature of all things, that 
 when they once begin to fall, they never 
 flay until they fall headlong into deitruction. 
 Will you have me to fliow 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. T H E R E was none that I know of. 
 
 B. Now what was his moil nefarious vil- 
 lany think you? I do not fpeak of thofe 
 deeds which Popes do reckon up in fomp 
 rcfcrvcd cafes, but in the reft of his life. 
 
 M. I do not at prcfent remember. 
 
 B. WHAT do you think of that, that 
 having called upon his horfe, he invited him 
 to fup with him ? Set a golden grain of bar- 
 Icy before him, and made him Conful? 
 
 M. INDEED it was mpft impioufly done. 
 
 B. WHAT think you of that, how he 
 made the fame horfe his Colleague in the 
 Pricfthood? 
 
 M. D o you tell me that in gpoci ear- 
 ned ? B. IN-
 
 the Scots Government. 2 1 7 
 
 B. INDEED in good earneft, nor do I 
 admire that thefc things fcem to you feign- 
 ed. But that Roman Jupiter of ours hath 
 done fuch things, that thofe things done by 
 Caligula may feem true to pofterity. I fay 
 Pope Julius the Third, who fecms contend- 
 ed with C. Caligtila, a moft wicked wretch, 
 for preheminence of impiety. 
 
 M. WHAT did he of that kind ? 
 
 B. H E made his ^^-keeper, a man ai- 
 med more vile than the vileft beaft, his Col- 
 league in the Papacy. 
 
 M. PERHAPS there was another caufe 
 of chufing him ? 
 
 B. S o M E are reported indeed, but I have 
 picked out the moft honeft. Seeing then fo 
 great a contempt, not only of the priefthood, 
 but alfo a forgetfulncfs of humanity ariiing 
 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 bufincls of interpret- 
 ing, as you would have it fecm to be : 
 Which by this one argument may be un- 
 derftood, becaufe the Roman Emperours 
 granted it to lawyers , which one reafon 
 doth overturn your whole tedious difpute, 
 nor doth it only refute what you fpoke of 
 the greatncfs of that power, but that alfo 
 which you moft fhun, it perfpicuoufly dc- 
 clareth what power they granted to others 
 of anfwering rightly, was not denied to 
 
 them-
 
 2 1 8 The due ^Privilege of 
 
 themfelvcs, if they had been pleafeci to ex-" 
 ercife that office, or could have done it by 
 reafon of greater affairs. 
 
 B. A s tor thole Roman Emperours, whom 
 the Soldiers did chufc indciibcrately, and 
 without any regard to the common good 
 of all, theic fall not under this notion of 
 Kings which we have defcribed fo that by 
 thole that were moft wicked were they cho- 
 fen who for the moft part were moft wic- 
 ked, or elie 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- 
 fianding more fafely concredited to them to 
 whom it cannot be an inftrumcnt of tyran- 
 ny. Moreover it was concredited 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 mould have all agreed together into 
 fraud; 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 punifli the breach of laws. They 
 being aftricted by fo many bonds were hem- 
 med in, and did fear a more grievous punifli- 
 ment, than any reward of fraud they could 
 cxpeci : You fee, I fuppofe then that the 
 
 danger
 
 the Scots Government. 119 
 
 danger to be feared from fuch kind of men 
 was not ib great. 
 
 M. HAVE you no more to to fay of a 
 King ? 
 
 B. FIRST, if you pleafe, let us colled 
 together, what is already fpokcn, ib that the 
 more eafily we may underftand, if any thing 
 be omitted. 
 
 M. I think we fhould do fo ? 
 
 B. W E fcemed to be at accord fufficient- 
 ly concerning the origine and caufe of cre- 
 ating Kings, and making laws, but of the 
 Lawgiver not ib : But at laft, though fome- 
 what unwillingly I feem to have confcnted, 
 being enforced by the ftrength 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- 
 teftcd againft it. Wherein I am afraid, if 
 the matter come to publick hearing, left I 
 be accufed of prevarication, for having fo 
 eafily fuffered a good caufc, as it feemcd 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- 
 miic 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 
 no laws 5 whereof we laid over a part on 
 
 ordinary
 
 220 The due Privilege of 
 
 ordinary judges, and a part on the King's 
 council by die King's confent. 
 
 M. I do remember we did fo indeed. And 
 when you was doing that, wot you what 
 came into my mind ? 
 
 B. How can I, unlefs 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 effect 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, feeing both day and night they do no- 
 thing elfe, than feek out others to bear bur- 
 den with them, or upon whom they may 
 altogether lay the burden, and fo disburden 
 themfclvcs. And in the mean time you feem 
 to take it in -ill part that I afford them help 
 labouring under their burden. 
 
 M. I alfb very willingly admit thefe auxi- 
 liaries, but fuch would I have as may 'ferve, 
 but not command, fuch as may fhew the way, 
 but not lead in the way, or more truly draw, 
 or rufh them forward as fome warlike en- 
 gine, and leave a King no other power but 
 to afient to them. Therefore I prefcntly ex- 
 pect, that having ended our difcourfe con- 
 cerning a King, you would ftep a fide to fpeak 
 of Tyrants, or fomewhere elfe : For you 
 have inclofcd 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 greateft wealth, 
 and highcft dignity, and banifh him, as it 
 were, into fomc 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 j 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, unlcfs you would appoint 
 idle matter- builders : Secondly, you deprive 
 him of good minifters and friends, whom I 
 have adjoyncd 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 
 fubjects : Neither do you think he will be 
 formidable, unlcfs we allow him a great 
 power of doing wrong. I would have him 
 to be by his fubjcfts beloved ; not to be guard- 
 ed by the tcrrour, but good- will of his fub- 
 jccls, which arms alone do make Kings in- 
 vincible. Unlcfs you gainfay this, I truft I 
 (hall fhortly prove it : For I fhall lead him 
 out of thcfe you call ftraits into light ; and 
 by one law ihall give him fo much autho- 
 rity and enlargement, that if he dcfirc more, 
 he may fecm imprudent. 
 
 M. I N D E E D I long to bear that. 
 
 B. \
 
 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 confefled, that no 
 law can be fo accurately cautioned concern- 
 ing any affair, but that malicious fubtilty 
 may invent fome fraud. This, perhaps, will 
 be the better underftood by the example al- 
 ready propofed. By the law it is ordained, 
 that no parents tranihiit their benefices to 
 their baftards. Here, in erfet, 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 poiTeiTor. Thereafter, when 
 as it was carefully ordained by law, that the 
 fon ftiould by no means enjoy that benefice 
 which his father had poflefied before 5 yet 
 by this caution it was never a whit the bet- 
 ter : For againft that law a padion 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 fet up againft the father, 
 who might pretend }ie 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. 225 
 
 benefice, and overcomcth both the parties, 
 who willingly and freely yield up their plea. 
 Thus you lee how many kinds of cheats are 
 invented againft one law. 
 M. I fee it. 
 
 B. D o not lawgivers feem to do altoge- 
 ther the lame herein which phyficians do, 
 who whilft they endeavour by applying a 
 plaifter to cdmpcicc the eruptions of flcL.m, 
 or of ibmc other hurtful humour, the hu- 
 mour retrained in one place fecks iiliic in 
 many places at once $ and, as a certain Hy- 
 dra, having one head cut off, many heads 
 (tart 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 phyikian to do the fame in this 
 ca.e, for freeing the whole commonwealth 
 of evil manners? 
 
 M. I think that to be the right way of 
 cure, aibcit it be difficult. 
 
 B. A N D if this can be obtained, I think 
 there would-be need of few laws. 
 A'. 1 T is indeed ib. 
 
 B. DOTH not he alone fcem to confer 
 more for the publick good who can apply 
 this remedy, than all the conventions of all 
 eilates met tor making of laws? 
 
 M. D o.u B T L K-SS : far more. Put that I 
 may make ufe of the comick poets words, 
 
 who
 
 224 The due Privilege of 
 
 who is able to undertake fo weighty a 
 charge. 
 
 B. W H A T if we fhall lay it over on the 
 King? 
 
 M. MERRILY fpoken indeed. What 
 was foon 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 alfb fuccumbe. 
 
 B. I T 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 fubjcds 
 whom he ought to account as children. 
 
 M. W H A T is that to the purpofe in! 
 hand? 
 
 B. SURELY this one is certainly the 
 chiefeft remedy againft corrupt manners 5 and 
 left you fuppofe that it is an invention of 
 mine, hear what Claudianus faith : " Thou> 
 " King, muft as a father rule thy fubjeds ; 
 " 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 th? 
 
 " peo-
 
 the Scots Government, 225 
 
 " 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 
 <l they fee their King himfelf obedient to 
 " what he commands. The whole world 
 " doth aft conform to the example of a 
 C King. The laws of Kings prevail not fo 
 " much to incline mens minds unto obe- 
 " dience, as the converfation of the Rulers 
 " for the fluctuating multitude doth always 
 " change as their Prince doth. " Do not 
 imagine that the Poet, pregnant for under- 
 (landing and learning, did in vain believe 
 fo great force to be herein ; for people are 
 j(b addifted to the imitation of Kings, in 
 whom any image of honefty doth mine or 
 appear, and fb endeavour to exprels their 
 manners, that whofe virtue they admire, 
 they endeavour alfo to imitate fome of their 
 vices in fpeech, apparel, in deport : But in 
 conforming themfelves to the King in ge- 
 fture, manners of fpeech, they not only de- 
 fire to imitate him, but alfo by flattery they 
 infinuatc 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 
 ethers. Now that which we demand, not 
 Q^ wickedly
 
 226 The due Privilege of 
 
 O ^r 
 
 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 
 rcduceth a people without force into mode- 
 fly, conciliated! to a King his fubjecls good- 
 liking, increafeth and maintained! the pub- 
 lick tranquillity, and the wealth of every, 
 one fevcrally. Let therefore a King care- 
 fully confidcr, that he is fet on the Theatre 
 of the world, and for a fpectacle 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 obfcunty, and 
 Fame enters into all fecret places, and finds 
 out obfcure corners. O how much doth it 
 concern Kings to be circumfpeft 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 fmall beginning of the ftate 
 of Rome. That rude people, confining of 
 mcphcrds 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 lame people had let 
 over them a pious and juft King, they were 
 fo fuddenly changed, that being Wholly de- 
 voted to the worfhip of their Gods, and to 
 ads of jufticCj that to wrong them their 
 neighbours judged it a crime 5 even thole 
 very neighbours, I fay, whofc lands before 
 they had laid wafre, whofe cities they had 
 burnt, and their children and kinfmen they 
 had Carried away into bondage. Now if in 
 that barbarity of mariners, and nidcncfs of 
 times, Numa'PdMpiliuS) (who a little beford 
 was brought out of another nation at enmi- 
 ty with them, and made King) could do fo 
 much \ what lliall we expeft, or rather what 
 fhall We not expeft of thole Princes, who 
 being fupported by affinity, v'aflals, and much 
 wealth left them by their anccftors, obtain 
 the government, and are bom and brought 
 up in expedition thereof? Now how much 
 fhould it flir up their minds unto virtue, that 
 they hope 'to have the praifc, not of one 
 day, as Stage-players do, the Icene being once 
 part, but the good-will, admiration, and per- 
 petual remembrance of their life to all poftc- 
 rity, and know that honours in heaven are" 
 prepared for them ? I wiih I could exprefs in 
 words the reprefcntation of that honour, 
 which in mind 1 have conceived. Now that 
 I may Ibmewhat propofe unto your view the 
 fame by fome of the firft draughts and linca-* 
 z tocnt*
 
 2z8 The due Privilege of 
 
 ments thereof, conftder with yourfelf, how 
 the brazen fcrpcnt, ercded by Mofes in the 
 Defert of Arabia, did heal the wounds made 
 by other ferpents, by a very look of the 
 people thereon. I imagine, that out of the 
 whole people there were fome (lung by fer- 
 pents, and running together for prefent cure y 
 others aftonifhed at the newnefs of the mi- 
 racle, and all celebrating with all kind of 
 praife the immenfe and incredible good- 
 nefs 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 carefumefs of friends, nor 
 by any long fpace of time, but reduced unto 
 health in a momervt. 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 expence of thine, and without thy 
 pains and labour, doth relieve a Kingdom of 
 all its troubles, fetlcth perturbations, and in 
 a fliort fpace bringeth the inveterate ulcers 
 ef minds unto a cicatrice or fear : neither 
 is he only a procurer of health to thole 
 who behold him near at hand, but allb to 
 fuch as are a far off, and have no hope to 
 lee him, in whofe image fo- great a force is- 
 prefented to the minds of his fubjeds, that 
 it doth eafily perform what the prudence of 
 Lawyers, the fcience of Philoibphers, and 
 
 the
 
 the Scots Government. 219 
 
 the experience of fo many ages in collecting 
 their fevcrai arts could never perform. Now 
 what greater honour, dignity, eminency or 
 majefty can be told or excogitate to be in 
 any man, that by fpeech, convcrfe, fight, 
 fame, and a tacity Ipecies prefented 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 ? Iflmiflakenot, 
 this is the true reprcfcntation of a King, not that 
 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- 
 fentation which we have given, Seneca in his 
 Thyeftes hath exprefied in very plcafant co- 
 lours, which vcrfe I doubt not but you know, 
 feeing it is moft elegant. Do I now fccm 
 to fpeak bafely and contemptuoufly 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 aflemblies of men, and fct him upon the 
 publick Theatre of mankind, accompanied not 
 with the arrogant company of archers and 
 armed men, and rogues cloathed in filk, but 
 guarded in lafety by his own innoccncy, 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 
 3 end-
 
 230 The due Privilege of 
 
 eminent, and coming forth with the good 
 wifhcs and fortunate acclamations of the peo- 
 ple, and whitheribevcr he goeth, 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 bellow, nor flat- 
 tery invent a greater honour than this. What 
 do you think of this rcprcfentation of a 
 King > 
 
 M. S o fplendid and magnificent indeed it 
 is, that it feems nothing can be laid or ima- 
 gined more magnificent. But in thefe cor- 
 rupt times of ours, it is hard to find this mag- 
 nanimity, unlcfs careful education make an ho- 
 neft and good nature and difpofition. For 
 the mjnd being principled with good inftru- 
 clions and ads from infancy, and by age and 
 daily practice confirnied, endeavours by ver- 
 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 perfect natural parts, and good 
 breeding doth ilrcngthcn the mind j fo that 
 it findcthoccafionof cxercifing vcrtuc amongft 
 the very recreations of pleafurcs, and thefe 
 tilings which ufually terrific weak ones, by 
 r cafou of difficulty, vertue doth account them 
 
 as
 
 the Scots Government. 2 3 1 
 
 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 
 mould men forefce, 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- 
 jects, 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 moft part 
 hid from the multitude 3 or by reafon of liich 
 mcns obfcure condition their example bclong- 
 cth 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 fet before all men for imitati- 
 on. For they do not turn men's affections to 
 themfelves by ftudying to plcafe them, but 
 by very kindly allurements of utility. And 
 whither foever the inclinations of Kings do 
 drive, they make the publick difciplinc \\heelc 
 about with them. But I am afraid, that our 
 Kings will not be intreated to perform what 
 you have now mentioned. For they arc fo 
 marred by the allurements of pleafurcs, and 
 deceived wkli the falfe fhew of honour, that 
 I think they do almofl that 'Which fomc. Poets 
 (^ 4 report
 
 The due Privilege of 
 
 report to have befallen the Trojans who were 
 in company at fea with 'Paris. For the true 
 Helena being left in Egypt with Trot hew a 
 holy and truely religious man, they did con- 
 tend fo pertinacioufly the fpace of ten years 
 for her likenefs, that it was the end of a moft 
 pernicious war, and of the moft flourifhing 
 Kingdom in thofe times. For impotent Ty- 
 rants embracing that falfe reprefentation of a 
 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 
 $o fight, is elfewhere concealed, they would 
 call him mad. 
 
 B. I am indeed glad that you fomewhat 
 undcrftand the beauty of that true daughter of 
 Jupiter from this her likenefs, fuch as it is, 
 albeit you do not fee her lelf. But if thefe 
 lovers of that Helena^ to their great damage, 
 did fee the perfed image of the true Helena^ 
 pourtrayed with her lively colours by fome 
 'Protegenes or Appelles, \ do not queftion 
 but they would admire her and fall in love 
 with her. And if they did not command 
 their affedions to enjoy that other, they might 
 fall into thofe grievous punifhments, which 
 ferfeus in his Satyres doth imprecate on Ty- 
 rants. O fupream Father of the Gods, be 
 J>leafed thus to puniih cruel Tyrants, when a- 
 hy execrable luft dipt in raging poifon doth 
 Jtir up their fpirits, let them fee what vertue 
 
 is,
 
 the Scots Government. 233 
 
 is, and let them pine away for forrow, be- 
 caufe they defpifed her. And therefore fee- 
 ing we are fallen in to make mention of Ty- 
 rants, may it plcafe you, that ftreight way we 
 proceed to fpeak of them > 
 
 M. YES, unlefs you think fome other 
 thing fhould be firft fpoken. 
 
 B. I fuppofe we fhall not deviate, if we 
 proceed in the fame footftcps for finding out a 
 Tyrant, wherein we did infift in feeking out 
 a King. 
 
 M. I think fo. For by that means we (hall , 
 very eafdy underftand what difference there is 
 betwixt them, if fct one againft another they 
 be duly confidered. 
 
 B. A N D firft of all that we may begin at 
 a Tyrant's name, of what language, it is un- 
 certain. I therefore think it now neceflary 
 for us to feek therein the Greek or Latin 
 Etymology. Now what the ancients did call 
 Tyranny, I think is not unknown to any 
 who are well verfed in human literature. For 
 Tyrants were called both by the Greeks and 
 Latines, who had the full power of all things 
 in their hands, which power was not aftrift- 
 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 
 Tyrannus ; and that even by thofc who both 
 think and /peak honourably of the Gods. 
 
 M. I
 
 2 34 The due Privilege of 
 
 M. I know indeed that well enough ; 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 feems 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 themfelves they have no fuch thing, fo as 
 to ftir up the mind to wrath, hatred, or hi- 
 larity, or otherwife to create pleafurc or pain 
 and trouble. If any fuch thing befall us, that 
 happens to fall out nfually, 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 honcft, 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 thcfe names, but of thcfc 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 flich infamy. 
 
 B. THE
 
 the Scots Government. 
 
 B. T H E fame alfo is perfpicuous to have 
 befallen the word Tyrant, tor it is credible, 
 that the firft Magiftrates, who were thus cal- 
 led, were good men : or from hence, that 
 this name was ibmetime ib honourable, that 
 it^was attribute to the Gods. But thoie that 
 came afterward made it ib 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 Tarquiuit were 
 <iepofcd in the name 'Diftor after, M. An- 
 tonms and T*. T>olabella were Confuls. 
 
 B. JUST fo. And on the contrary, bafe 
 and vulgar names have been matte famous by 
 the vertuc of men called thereby. As amohgft 
 ihc Romans, CamiUus, Mete tins, Scropba : 
 and amongftthc Germans, Henry, Genfcrick, 
 Charles. This you mail the better under- 
 ftand, if taking away the name of Tyrant, 
 you confidcr the thing, notwithstanding that 
 this kind of government hath continued in 
 its former honour and rcfpcct amongft many 
 famous nations, as the c^Efywntta amonglt 
 the Grecians, and the 'Dictators amongft the 
 Romans j for both were lawful Tyrants. 
 Now Tyrants they were, being more power- 
 ful than the laws 5 but lawful they were, as 
 being choicn by confent of the people. 
 
 M WHAT
 
 2 36 The due Privilege of 
 
 M. W H A T am I hearing ? Tyrants and 
 yet lawful > Indeed I did expeft a far other 
 thing from you ; but now you feem 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 fuppofe in di- 
 verfe ages ; for I think the name of Tyrants 
 were more ancient ; thereafter when they be- 
 came weary of the name, in their place fuc- 
 ceeded Kings by a more plauftble name, and 
 more gentle government, and when they al- 
 ib began to degenerate, the moderation of 
 laws were adhibited, which might fet 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 Jfought 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 the 
 rnoft 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 earneftly expeft you 
 would fall upon that. 
 
 B. AT firft then we had agreed, that a 
 King was created for maintaining human fb- 
 ciety, and we determined his office and duty, 
 
 that
 
 tie Scots Government. 137 
 
 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 intercept- 
 eth it by fraud, how fhall we call him > 
 M. I fuppofc, a Tyrant. 
 B. THERE be alfo many other differences, 
 which 1 fhall briefly run through, becaufe any 
 man may eafilly colled them from Ariftotle ; 
 for the government of Kings is according to 
 nature, but that of Tyrants is not. A King 
 doth rule his fubjefts, 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 Mafter over 
 his (laves. For defence of a Kings fafcty the 
 fubjects watch and ward, for a Tyrant for- 
 rainers do watch to opprefs the fubje&s. The 
 one bearcth rule for die fubje&s welfare, the 
 other for himfelf. 
 
 M. WHAT do you fay of thofe who have 
 gotten into their hand the fupream authority 
 by force and without the people's confent, and 
 yet for many years did fo rule, that the peo- 
 ple were not weary of their government ? 
 for what could be wanting in Hiero the Syra- 
 cufan King, or in Cofmo de Medices the Flo- 
 rentine Duke to make them juil Kings, ex- 
 cept the people's fuffrages ? 
 
 B. IN-
 
 238 The due Privilege of 
 
 B. I N DE E D we cannot excmc them out" 
 of the number of Tyrants. For it was nobly 
 fpoken by a notable Hiftorian, albeit you may 
 indeed rule your country and friends by vio- 
 lence and force, and corrcd their faults, yet 
 it is unfeafonable. Then again, fuch do fccni 
 to do juft like robbers, who cunningly di- 
 viding their ill gotten goods, do feek thepraife 
 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 lofc all 
 the thanks of their oftentative bounty, and (o 
 much the lefs aiTurance of their civil diipofi- 
 tion do they give their lubjeds, and that be- 
 caufe they do not that for their fubjects good, 
 but for their own government, namely, that 
 they the more fecurely may enjoy their own 
 lufts and pleafures, and eftablifh a fovereignty 
 over the pofterity to come, having fomewhat 
 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 lower 
 thereof. For he hath the fame ftrength and 
 power to revoke all things at his plealurc, and 
 to transfer unto himfelf the ftrength of all laws.- 
 Even as if he wou'd abrogate all laws. But this- 
 kind of Tyrants had been perhaps tolerable, if 
 without the common deftruftion 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
 
 the Scots Government. 239 
 
 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 plcafurc and 
 luft, they place the ftability of their authority in 
 the people's weaknefs, and think that a King- 
 dom is not a procuration conereditcd 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 mould 
 be accounted the greateil: enemies of God and 
 of all men. For all the actions of Kings 
 fnouid aim at the publick iatety of their fub- 
 jccts, and not at their own wealth. By how 
 much Kings are raifed above other men, lb 
 much mould they imitate the ccleftial bodies, 
 which having no good offices of ours given 
 to them, yet do infuie on human affairs a 
 vital and bountiful vcrtuc 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. 
 
 AL METHINKS I remember, namely, that 
 they ftiould ufc a paternal indulgence towards 
 their iubjects committed to them as towards 
 children ; the care of a fhccphcrd hi procu- 
 ring their profit; as Generals in maintaining 
 their fafety, as govcrnours in excellency of 
 vertucs, and as Emperors commanding thole 
 things which might be ufcful. 
 
 B. CAN he then be called a father, who 
 accounts his fubjcds (laves ? or a fhephcrd, 
 who doth not feed his flock, but devoured! 
 
 them ?
 
 240 The due Privilege of 
 
 them ? or a Pilot, who doth always fludy to 
 make fhiprack of the goods in his fhip, and 
 who ( as they fay ) makes a leek in the very 
 fhip 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 vertue, but contendeth to exceed the moft 
 flagitious wretch in vices ? who leadeth his 
 fubjefts into manifeft fnares ? 
 
 M. INDEED fuch fhall not be by me ac- 
 counted either a General, or Emperor, or Go- 
 Vernour. 
 
 B. IF you then fliall fee any ufurpingthe 
 name of a King, and in no kind of vertue 
 excelling any of the people, but inferior to 
 many therein, not fatherly affcdionate 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- 
 niftiments 5 can he conciliate the people, and 
 catch their applaufe by rewards, games, pom- 
 pous fhews, and even mad underminings, and 
 what ever is thought to be magnificent ; will 
 you, I fay, account fuch a man a King > 
 
 M, NOT
 
 the Scots Government. 24.1 
 
 M. N o T indeed, if I would underftand 
 my felf aright, but void of all human focic- 
 
 iy- 
 
 B. WITHIN what limits do you cir- 
 cumfcribe human fociety. 
 
 M. W i T H i N the very fame limits where- 
 in by your prececding difcourfe you fcemed 
 to include it, namely within the hedge of 
 laws. Which whofoever tranfi;refs, 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 
 tranfgreiTed the limits of human fociety. 
 
 B. WHAT fay you of thofe, who would 
 never once enter within thefc hedges ? 
 
 M. I think they fhould be accounted ene- 
 mies to God and men, and reckoned amongft 
 wolves, or fomc other kind of noifome beafts, 
 rather than amongft men ; which whofoever 
 doth nourifh, he nouriflicth them for his own 
 deftru&ion and others ; and whofoever killeth 
 them, doth not only good to himfelf, 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 infect other men. 
 And rewards to the killers of them to be dif- 
 cerned not only by the whole people, but by 
 particular perfon 5 as ufeth to be done 
 R to
 
 2^.2 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 fpeak with a 
 man's voice, and have the face of a man, 
 and likencfs of other parts, I would have no 
 fellow fhip with him ; or if any man divefted 
 of humanity mould degenerate into fuch 
 cruelty, as he would not meet with other 
 men but for their deftrudion , I think he 
 mould be called a man no more than Satyres, 
 Apes, or Bears, albeit they fhould refcmble 
 countenance, ge'fture and fpeech. 
 
 B. N o w, if I miftake not, you under- 
 ftand what a King, and what a Tyrant the 
 wifeft ancients meant in their writings. Will 
 it pi cafe you then that we propofe fomeldca 
 of a Tyrant alfo, fuch as we gave in fpeaking 
 of a King ? 
 
 M. Yes, that I do earneftly defire, if it be 
 not a trouble to you. 
 
 B. Y o u have not forgot, I fuppofe, what 
 by the poets is fpoken of the furies, and by 
 our divines of the nature of evil fpidts, 
 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 
 becaufe this Idea can only be difcerned in the 
 imagination, but not by any of the fcnfes, 
 I fhall fct before you another Idea, which not 
 only the mind may difcern, but the fcnfes al- 
 fo perceive, and as it were reprcfcntcd to the 
 
 very
 
 the Scots Government, 2 
 
 Very eye. Imagine you fee a fhip toffed by 
 waves in the fea, and all the flioarcs round a- 
 bout not only without haven or harbour but 
 alfo full of moft cruel enemies, and the Ma- 
 fter 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 fubjects at home, and not only 
 of their fubjects, but of their domcfticks, 
 kinsfolk, brethren, wives, children, and near 
 relations. And therefore they have always 
 war, cither a foreign war with their neigh- 
 bours, civil war with their fubjects, or a do- 
 meftick war within doors, or elfe they are (till 
 in fear thereof. Neither do they expcdt 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? ^Dionyfitts \vould 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 'Pheraus by his own wife, and Sp. 
 Casfis- by his own rather. He that dill hath 
 luch examples fct* -before his eyes, what a 
 R 2 torture
 
 The due ^Privilege of 
 
 torture do you imagine he carryeth about in 
 his bread? feeing he thinks that he is the mark 
 fet for all mankind to (hoot 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 hellim 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 chtife what Kings they 
 plcafe, 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- 
 fhamed 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 
 royal law which is made for the govern- 
 ment of Kings, all the people's power is fo 
 tranfmitted into them, that their will and 
 
 pleafure
 
 tie Scots Government. 245 
 
 pleafure fhould be accounted for laws. And 
 jndeed from this law did thole thrcatnings of 
 a certain Emperor arife, that he would quite 
 take away from Lawyers all their fcicnce, 
 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 fupprcfs his name. 
 For that was C. Caligula, who wifhcd but one 
 neck for all the people of Rome. Now in 
 that Emperor there was nothing of a man, 
 far lefs of a King, bcfide his fhapc, 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 having op- 
 prcfled the liberty of the people of Rome, 
 cftablifhed by the filencc of other laws , 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 fo infatuate, as willingly to per- 
 mit to be impofed on them. Or if any fiich 
 were, he were indeed worthy to fcrvc perpe- 
 tually Tyrants, and be punimcd for his folly. 
 But if any fuch law have been, let us think 
 R 3 ir
 
 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 belongeth to them in whole 
 power it is to create fuch Kings as moft pleafe 
 them, but to us it doth not at all belong, who 
 do not by fufTragcs eled 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 Anceflors that right and authority 
 over us and our pofterity, that they and their 
 pofterity mould perpetually hold their Empire 
 and authority over us. I wifh then you had 
 admonifhed them ( 1 mean our Anceftors ) 
 who once had it in their own power entirely 
 to admit fuch Kings as they jpleafed. But now 
 that counfel of yours too late fcrves only for 
 this, not to amend the faults that are ftot in 
 our power, but deplore our Anceftofs folly, 
 and acknowledge the mifery of our conditi- 
 on. For what can be left to thofe that are 
 made (laves, but to be punimed for other 
 men's folly ? and that our punifhment may be 
 made more light, let us ailwage them by pati- 
 ence > let us not provoke their wrath, by tu- 
 multuating importunely, whofe dominion o- 
 ver us we cannot caft off, nor diminifh their 
 power, nor flee from their force orweaknefs. 
 Now that royal law, to which you are fo 
 much an adverfary, was not made in favour 
 of Tyrants, as you would have it Iccm to be, 
 
 bccaufe
 
 the Scots Government. 
 
 becaufc 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 ~jahom 
 dothfalfi honour help^ or lying infamy terrijie, 
 but a lewd man and a lyar ? 
 
 B. INDEED Juftinian, as hiftory reports, 
 was a great mighty man albeit ibme do re- 
 port him to have been cruelly ingratc to <?/- 
 lefariiu. But let him be fuch as you judge 
 he was, yet you may remember, that it is 
 recorded by ibme almolr. of that lame age 
 with him, that Tribonius, a chief man amongft 
 the compilers of thefc laws, was a very wick- 
 ed man, and fo might cafily be induced to 
 gratific alfo a very bad Prince. But even 
 good Princes do not hate this kind of flat- 
 tery. For even thoft who will not kill any 
 mail) do yet dejire to have it in their power > 
 and there is nothing which he dare not believe 
 of himfelf, feeing his power equal to that 
 of the Gods is commended. But let us return 
 to our own Princes; to vhom you fay the 
 Kingdom doth come by inheritance and not 
 by fuffragcs. Now of our own only I fpcak, 
 for if I ihall digrcfs to fpeak of foreign Prin- 
 ces, I fear left our dilcourfe become more 
 prolix than we intended. 
 
 M. I think you fliould do fo. For foreign 
 affairs do not much belong to our difputc in 
 hand. 
 
 R 4 B. THAT
 
 24.8 The due Privilege of 
 
 B, T H A T 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 fubjedts; 
 fome adjudged to perpetual imprifonment, 
 others punifhed partly by exile, and partly by 
 death, againft whofe killers no inquifition 
 was ever made, even when their fons or 
 kinfmen were afiumed into their Head. . But 
 who ever had killed good Kings, were moft 
 feverely punifhed, fb as no where elfe was 
 murther more feverely revenged. And be- 
 caufe it would be tedious to rehearfe every 
 one, I ihall produce fome few of thefe laft 
 Kings, whofe memory is moft recent. The 
 nobility did fo grievoufly punifh the 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 perfbns of very eminent families, and 
 peers of the land, both for wealth and vaffa- 
 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. 24.9 
 
 clined towards good Kings, but alfo gentle 
 and merciful towards wicked Kings. For 
 when one of King Culeris enemies had kil- 
 led him in his journey, whilft he is coming 
 to give an account of his adminiftration, he 
 was fevcrely punifhed by a fentence of the 
 Eftatcs of Parliament. And likcwife was 
 punifhed as an enemy he who had killed 
 Evenus in prifon, who had been adjudged 
 to perpetual bonds. And the violent death 
 or parricide of him they punished, 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 perfwafion 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 
 ftrength, 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 itfclf doth 
 
 call
 
 The due Privilege of 
 
 call for it, that whatever is clone by force and 
 violence, may be undone by the like violence. 
 
 M. WHAT if the people, being by fraud 
 circumvented, or by tear forced, did furrcn- 
 dcr thcmfclves 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 excufe there is for undoing 
 the fame. I fhall on the other hand lay 
 down fomc reafons why p actions and agree- 
 ments may be diftblvcd. And firft of all, 
 inch as are made through force or fear, in 
 all commonwealths, concerning thcfc there 
 is a fure law, drawn from Nature's ipring. 
 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 jus ft .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 
 flowcth 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 neceility we fhould 
 
 .debate herein, feeing it is far more credible 
 
 which is recorded by Historians) that that 
 
 right
 
 the Scots Government, ^t > l 
 
 right was by the peoples will granted to 
 Kings. 
 
 B. I T is alfo credible, that fo great a 
 matter was not obtained without fome great 
 caufe. 
 
 M. I do eafily aflcnt thereto. 
 
 B. WHAT do you think was the chief 
 caufe thereof? 
 
 M. WHAT other, except that which is 
 recorded ? Wearifomncfs of ambition, tu- 
 mults, murthers, inteftinc wars, often with 
 the titter deftrudion 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 Iflands, 
 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 pait of the people fecuring them- 
 felvcs doth ufually ftand fpcdators of Princes 
 contcfts, and yield always as a prey to the 
 vidors. 
 
 B. I T fcems then that Princes, rather for 
 themfclvcs, than for the good of the people, 
 defircd to eftabiilh the Kingdom in their own 
 family, M. THAT
 
 2 5 2 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. You will certainly confefs it incredi- 
 ble, that for fo great a benefit beftowed on 
 their Kings, they fhould endure to be in a 
 worfe cafe than formerly they were in. 
 
 M. I T is altogether incredible. 
 
 B. NEITHER would Kings have defired 
 it with fo great ambition, if they had known 
 it would prove hurtful to their children, and 
 i^nprofitable to the people. 
 
 M. NOT at ali. 
 
 B. IMAGINE then that fome one in 
 parliament of the free people did freely ask 
 the King, What if to any King fhould fuc- 
 cccd 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 
 tifc of that exception, 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. 225 
 
 had been unprofitable, efpecially to thofc 
 who dcfired to forefec 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 fb 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, unlcis he govern profitably : Nor is 
 there any thing more prevalent for maintain- 
 ing human focicty, than the mutual exchange 
 of benefits, and therefore Theopompus feems 
 to have wifely anfwered his wife upbraiding 
 him, that by adding the Ephory he had di- 
 minifhed the power of his authority, and 
 had left the Kingdom to his fons les than he 
 had gotten it. It is, faith he, fo much the 
 more firm and fare. 
 
 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 arc 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 pail fo often out 
 
 of
 
 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 ib foolifh, 
 as to negled an occafion fo opportune put 
 into their hand ? Or that they were fo (truck 
 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 punifhed 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 beiides 
 that wicked Kings, as often as they intended 
 tyranny over their fubjcfts, were always rc- 
 ftrained, fome veftigcs of the ancient cuftoms 
 do yet continue in fome ancient families. 
 Por 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 whofoevcr gives not obe- 
 dience, is deprived of all honour and dignity. 
 What therefore is with very great care ob- 
 fervcd in the parts, would they be negligent 
 of for the fecurity and fafcty of all ? And 
 would they willingly redact themfelves into- 
 ' bondage to him, who was to pofTefs a law- 
 ful
 
 the Scots Government. 
 
 ful Kingdom inftcad of fome benefit ? And 
 would they freely give over their liberty ac- 
 quired by vertue, defended by arms, not in- 
 terrupted for fo many ages, to one not cx- 
 pe&ing it, without force, without war ? For 
 the calamity of John B alto I doth (hew that 
 that power was never granted to our Kings, 
 befides the puniflimcnts fo often taken for 
 their male-adminiftration. Wfyo about two 
 hundred and fixty years ago was by the nobility 
 rejected, becaufc he had iubjecled himfclf and 
 his Kingdom to the authority of Edward 
 King of England, and Robert the fipft was 
 fubftitutc in his (lead. The fame doth alfo 
 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 folcmnly promiic to all the 
 people, that they will obfcrve the laws, rites, 
 and old ftatutcs of their predeceflbrs, and ufc 
 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 
 cafily underftood, what kind of power they 
 did receive from our predccclTors, to wit, 
 none other than that they fwear to maintain 
 the laws being chofen by fuffragcs. This 
 condition of reigning did God propofe to 
 'David, and his pofterity, and promifcth they 
 fhould reign fo long, as they ihould obey- the 
 
 laws
 
 ^t > 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 publick decree. 
 
 M. B u T I fear it cannot be eafily obtain- 
 ed of Kings as being perfvvaded by that pro- 
 bability to condefcend to thefe laws, however 
 Worn unto, or ufurped by the people* 
 
 B. I alfo believe, it is no lefs hard to per- 
 fwade the people to pals 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 
 die bufinefs come to arms, he that prevaileth 
 will give what law and right he pleafeth to 
 the vanquifhed ; but this will not longer con- 
 tinue than he who is vanquifhed, having a- 
 gain gathered together his forces, mail take 
 up arms again. In all which contentions 
 men ufually ftill fight with very great damage 
 of the people, but with the utter overthrow 
 of Kings. For from this fpring 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. 
 
 than was needful, to the end you might 
 clearly underltand what kind of Government 
 there was amongft us of old. For if I had 
 rcafoncd with you according to the rigour 
 of the law, 1 might have gained my point 
 in a far more compendious way. 
 
 M. ALBEIT you have almoft fatisfled rrie 
 already, yet 1 fhall willingly hear what that 
 is. 
 
 B. I would then have you ftrft of ail 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- 
 longcth ? 
 
 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 iuch a$ 
 are born Kings arc by the laws and fuffrages 
 of the people created, no lefs than thofe 
 whom we laid were clcfted 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 Icveral 
 
 S ages
 
 258 The due Privilege of 
 
 ages before ; 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 election 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. 
 
 B. N o w if you pleafe, 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 retracted. 
 
 M. I am content. 
 
 B. FIRST 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 chufe thofe who may 
 prove good Kings, nor fo great a happinefs 
 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 
 confent hath approved, or chance hath of- 
 fered. Now the hazard that occurrcth either 
 in chufing new Kings, or in approving fuch 
 
 as
 
 the Scots Government. 259 
 
 as arc given us by birth, was the caufe that 
 we defiied laws, which might modify the 
 government of Kings. Now thclc laws 
 mould be nothing elfe but the exprcis image 
 (as far as may be) of a good Prince. 
 
 M. W E arc at accord in that allb. 
 
 B. IT now remaineth, as I fuppofc, for 
 Us to fpeak of the punifhment of Tyrants. 
 
 M. THAT only feems to remain unfpo- 
 ken of. 
 
 B. I F then a King break all the bonds of 
 laws, and plainly behave himtclf as a pub- 
 lick enemy, what think you fhould be done 
 in this cafe ? 
 
 M. INDEED I am at a (land here. For 
 albeit the rcafons you have given fecm to 
 convince me, that we ought to have no fo- 
 cicty with that King; yet ib great is the 
 itrength of a conftant cuftom, that in my 
 opinion it hath the Itrength of a law : 
 .Which cuftom doth fo clofcly 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 difeafc 
 that is but fmall by cuftom. For fuch is the 
 nature of fomc difeafcs, that better it is to 
 endure the pain they bring, than to call for 
 doubtlbme remedies, in the applying where- 
 of, albeit the cure may be wrought, yet they 
 bring fuch fharp pains in their cure, as that 
 the cure of the difeale is more pernicious 
 S z than
 
 2<5o The due Privilege of 
 
 than the difcaic itielf. Next, that which 
 troubles me more is, I ice 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 
 pafiage of Scripture doth move me more 
 than all the arguments of Philoibphers. 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 initantly fail away to the 
 adveriaries ftde. 
 
 B. You are, as I perceive, in the com- 
 mon crrour, and that very grievous, who d<z> 
 endeavour to confirm Tyranny by Tyranny : 
 For how great the Tyranny of cuftom is in 
 the minds of men, wherein ir ham taken 
 deepcft root, and too often we have found 
 it in this our age, Heredotus, an ancient 
 writer, doth give us warning by an old ex- 
 ample 5 but I need not old examples. Be 
 well advifcd. Confider with your felf how 
 many things there be of great moment, 
 wherein you, following the dictates of rear- 
 fon, have fallen from a cuftom inveterate fo 
 many ages pail, fo that now you might have 
 learned by domeftick experiments, that there 
 is no cuftom more full of dangers than that 
 which in a publick way they command us 
 to follow. 1 bid you look well to it round 
 about, how many ruincs, and how great 
 {laughters will you fee therein ? But if it be 
 
 moro
 
 the Scots Government. 261 
 
 more clear (as \vc fay) than the very light, 
 I need not tarry longer in proving or illu- 
 ftrating a thing, (b pcrfpicuous. Now as for 
 that paflagc of Scripture, which from die 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, ar-c by him allowed to Kings. 
 Now left this be, I bid you firft confidcr 
 what that people fought of the Lord : then 
 what caufes of a new petition they had. 
 Laftly, what the Lord did anfwcr them. 
 Firft, they ask a King ; but what a King ? a 
 lawful King? Such a one they had. For 
 Samuel was given them by the Lord, whofc 
 prerogative it was to let a King over them. 
 He had for many years judged them lawful- 
 ly, according to prefcript of God's law 5 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 rcafon why they 
 fhould ask the change, or rather amendment 
 of the government, or expcci: the lame from 
 the Lord, who not long before had quite 
 rooted out the whole family of He//, almoft 
 for the like caufc. 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 effect fuch were Tyrants : For as the peo- 
 ple of AJia are of a ir.orc fervilc difpofi- 
 tipn than thole of Europe^ fo did they the 
 S j more
 
 262 The due Privilege of 
 
 more eafily 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 eaftly appear that a Tyrant, 
 a ad 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 reject, the 
 Lord complains that he was by them rejected. 
 
 M. B u T the Lord doth not call him Ty- 
 rant, but ever King. 
 
 B. H E calls him indeed King : For it is 
 peculiar to the Lord, to ufe the common fpeech 
 of the people, as often as he fpcaketh to a 
 people. And therefore he makcth 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 Taut doth urge us more narrowly, who 
 commandeth us to pray for the fafety of Prin- 
 ces : He is fo far from permitting us to revile 
 Government, much leis to dethrone fuch as 
 are inverted therewith, or to kill them being 
 thrown down. But what Princes doth he re- 
 commend to our prayers? The moft cruel that 
 ever were, Tiberius, Caligula jClaudius, Nero. 
 For T* aul'% Epiftlcs were almoft contemporary 
 With them, B.
 
 the Scots Government. 263 
 
 B. THAT you make fo much account of 
 the authority in Taitl, fo as one fcntcnce of 
 his hath more weight with you than the w i- 
 tings of all Philofophers and Lawyers, I think 
 you do well 5 but fee that you confidcr well 
 his judgment, or meaning ; for you muft not 
 examine the words only, but in what time, 
 to whom, and why he wrote. Firft then let 
 us fee what Taiil did write. For he writeth 
 to Tituf, chap. 3. ^Put them in mind to be 
 fubjeff to principalities and powers, and to be 
 ready to every good work. I fuppofe you 
 fee what end of obedience and fubjcdion 
 he appoints. He likewife to Timothy, 
 Chap. 2. doth write, that we fhould pray for 
 all men, even for Kings, and other Magi- 
 fir at es, that, faith he, we may live a peace- 
 able life in all godlinefs and honefly. 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 Epiftlc to the Ro- 
 mans, he doth define a King near to a logick 
 fubtilty 5 For, faith he, he is a Minifter to 
 whom the fword is given by God, for pii- 
 nijhing the wicked, and for cfarijbtn? and 
 relieving the good. For, faith Chrifoftom, 
 thefc things are not by 'Paul written of a 
 Tyrant, but of a true and lawful Magiftrate, 
 who is the Vice-gercnt of the true God on 
 cr,r h, whom whofoevcr rcfiftcth, doth cer- 
 S 4 tuiulv
 
 The due Privilege of 
 
 tainly rcftft the ordinance of Gad. 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 \ve fhould not punifh the 
 rapines of Robbers, for whom we are alfq 
 commanded to pray. And if we mould 
 obey a good Prince, it will not therefore 
 follow that we mould not rcjfift a wicked 
 Prince. But if you con/idcr the rcafon which 
 did move 'Paul 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 feme, who did deny the autho- 
 rity tp be neceflary for Chriftians. Por fince 
 the power of Magiftrates is ordained againft 
 wicked men, that we may all live righte- 
 oufly 5 and an exarnplc of divine Jum'cc 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 
 fhey are a law to thcmfelves, 'Paul doth 
 not therefore Ipeak of thofe who bear rule 
 as Magnates, but of Magiftracy itfelf, that 
 is, of the Function and office of thofe 
 who rule 5 nor yet of one or other kind 
 pf Magiftracy, but of every form of a law- 
 ful Magiftracy. Nor doth he debate with 
 |:hafp who think that wicked Magiftratcs 
 ihould be rcurained, but with thofe men who 
 deny all authority of Magiftrates, who ab-; 
 furdly interpreting Chrtftian Jib9rty, did af- 
 firm
 
 the Scots Government. 265 
 
 firm it to be an indignity for thole 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 mewcth, that Magiftracy is a thing 
 not only good ? but alto (acred, namely an or- 
 dinance of God, and for that end inftitutc, 
 that the aucmblics 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 conftitutc in dignity. Now if we 
 confcfs laws to be good ( as indeed they arc) 
 and the keepers thereof worthy of honour, 
 we will be forced to confcfs 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 tcr^ 
 ror , 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 arc ruled by the Spirit of 
 God. But you will fay to me, what need 
 have I then to be fubjcd to Magiftracy, if 
 } 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- 
 ftratcs, and alib the author of obedience to 
 Magiflratcs. \Vc therefore in this will eafily 
 agree together, that there is need of Magi- 
 ftracy
 
 2 66 The due Privilege of 
 
 ftracy 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- 
 nifhment ; for he doth plainly contraveen 
 the will of God revealed to us in the Scrip- 
 tures. But as for Caligula, Nero, c Domitian y 
 and fuch like Tyrants, why they fhould not 
 be punifhed as breakers of divine and human 
 law, you have nothing here from Taul, who 
 treats of the power of Magiftrates, but not 
 of the wicked Minifters of that power ; nor 
 will they be at all Magiftratcs, if you examine 
 that kind of Tyrants according to 'Paul's rule. 
 But if any will debate that wicked Princes 
 are alfo ordained by God, look that this his 
 difcourfe 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 evil,or wickednefs,even 
 as no man is ignorant that he is the author of 
 puni f hing wicked men. A good Magiftrate alfo 
 for the moft part chufeth a wicked man to be 
 an hangman for punilhing guilty perfons. And 
 albeit indeed that a Magiftrate doth afllime fudi 
 an hangman for that office, yet no impunity is 
 granted him of all his mifdeeds. Nor will 
 the Magiftrate have him to be fo above the 
 laws, as that he cannot be queftioncd there- 
 by. I will not ftay longer upon this fimili- 
 
 tude,
 
 the Scots Government. 26 7 
 
 tudc, 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 Miniftcrs is wronged, or violence done 
 to them. Now the punifhment of wicked 
 Malcfadors, 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 Taul command 
 us to be fubjecl to them ? Doth he hold them 
 for private pcrfons ? Now an account ufeth 
 to be taken for male-adminiftration of all, not 
 only of infcriour 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 
 undcrftood 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 lame 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 
 ftar of punifliment ; or if this immunity be 
 
 granted
 
 268 The due Privilege of 
 
 granted to Kings only, but denied to others 
 who arc fet in authority. 
 
 M. BUT ?W/\vill have all to be fubjed 
 to the higher powers. 
 
 B. H E commandcth fo indeed, but by 
 this name of power he muft needs compre- 
 hend other Magiftrates, unlcfs pcthaps we i- 
 maginc that ^Paid 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- 
 caufc the current of all the moft learned In- 
 terpreters on the place make for you ; who 
 think that ^Pauls 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 moil cruel, 
 are meant by the Apoftle \ 
 
 M' Yes, but what produce you againft me 
 to hinder me from the belief thereof? cfpe- 
 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 reject his authority, and thence they infer 
 by the like rcaibn, that obedience ihould be 
 given to other Tyrants alfo, how cruel (ch 
 ever. 
 
 B.
 
 tie Scots Government. 
 
 B. THAT I may anfwcr firft to what you 
 laft fpokc, you muft take notice, that the 
 Prophet doth not command the Jews to 
 obey alt Tyrants, but the King of Affftia a- 
 lonc : 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 ; 
 next you will be in danger to be aflaulted by 
 the oppofers of Tyranny with the like wea- 
 pons : For you muft either fhcw what fingu- 
 lar thing there is in that matter, or propoic 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 perfoff 
 by any fpccial 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 objected, that Ahab was killed by- 
 God's command, and a reward was alfo pro j 
 niiied and performed to him that mould kill 
 him. Whenever therefore you betake your 
 felf to that refuge, you mull obey all Ty- 
 rants -, bccaule God by his Prophet did com- 
 mand his people toobey one Tyrant. It will 
 be inftantly replied, that all Tyrants ought 
 alfo to be killed, becaufc Ahab ar 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 ; or then laying the fame aiidc at pre-- 
 
 fent,
 
 '2 jo The due Privilege of 
 
 fent, you may have your recourfe to the Phi- 
 lofbphers fchool. 
 
 M. I mall indeed think upon it. But in 
 the mean time let us return from whence we 
 have digreflcd. What do you bring from 
 Scripture, why Tyrants may j>e 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, becaufc they ac- 
 commodate not the ftrength of their autho- 
 rity for the benefit of the people, but for 
 fulfilling their own lufts. Farther, we mould 
 diligently confider how much power Taut 
 doth grant to Bifhops, whofe function he doth 
 highly and truly praife, as being fome way 
 like unto Kings, as far as the nature of both 
 their functions can admit. For Bifhops are 
 Phyiicians of internal difeafes, as Kings are 
 Phyficians of external diftempers ; and yet he 
 would neither of them to be free from, or 
 not liable to the jurifdidion of the other. 
 And even as Bifhops are fubjeft to Kings in 
 the exercife of their civil Government, fb 
 ought Kings to obey the fpiritual admoniti- 
 ons of Bifhops. Now albeit the amplitude 
 and dignity of Bifhops be fo great, yet no 
 
 law
 
 the Scots Government. 2 7 1 
 
 law divine or human doth exeme them from 
 the punifhment of crimes. And, to pals by 
 others, the very Pope, who is accounted the 
 Bifhop 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 abfurd 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 
 greatcft crimes and moft filthy abominations 
 fhould pafs unpunifhed in any, and yet they 
 have found out a way whereby crimes may 
 be punifhed, and the Pope accounted facrcd 
 and inviolable. For the priviledge of the 
 Pope is one thing, and of that man who is 
 Pope is another, fay they , and whilfl they 
 exemc the Pope ( whom they deny can err ) 
 from the cognition of the laws, yet do they 
 confefs him to be a man obnoxious to vices 
 and punifhment of vices 5 nor have they more 
 fubtilly than feverely declared their judgment 
 herein. It would be tedious to rchearfe, 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- 
 ftories. The recent memory of Pope faul 
 the fourth is frefh in our mind, for his own 
 
 Rome
 
 272 The due Privilege of 
 
 Rome did witncfs a publick hatred agairift 
 him by a new kind of decree. For they vent- 
 ed their fury ( he being by death taken away) 
 againft his ncarcft kinsfolk, his flames, and 
 painted images or pictures. Nor mould 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 
 f ude multitude and ftrangers to fubtil difptiting 
 ignorant thereof 5 for the mcancft tradefmcn 
 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 feems- 
 to be rather grieved at thole mcns punimment 
 \vith whom he is aflbriate 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 greatncfs rather by duties 
 of virtue, than by the impunity of evil deeds, 
 they would not be grieved for the punifh- 
 mcnt of Tyrants, nor think that royal Ma- 
 jefty is lefTened by whatfocvcr deftrudion of 
 Tyrants, but rather be glad that it is purged 
 from a moft filthy blot of wickcdncfs ; clpe- 
 cially feeing they ufe to be highly offended 
 with robbers, and that very juftly, if any of 
 them in their malefices pretend the King's 
 name. 
 
 M. FOR-
 
 the Scots Government. 275 
 
 M. FORSOOTH, they have juft caufe $ but 
 laying thefe things a-fide, I would have you 
 go on to the other head you propofed. 
 
 B. WHAT heads do you mean ? 
 
 M. N A M E L Y in what time, and to whom 
 "Taut wrote thefe things, for I defire to know 
 what the knowledge thereof doth make for 
 the argument in hand. 
 
 E. I (hall herein obey you alfo. And fiift I 
 mall fpeak of the time : Paul wrote thefe things 
 in the very infancy of the Church, in which 
 time it was not only necefiary to be blame- 
 lefs, but none was to give occafion to fuch 
 as fought occafion of reproaching, and unjuft 
 caufes of ftaining die profeflbrs 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 trade!- 
 men and fervants. Amongft them there were 
 many who did farther pretend chriftian liber- 
 ty, than the fimplicity of the Gofpel could 
 furTer. 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 
 
 nion wealth, of the Majefty of the Empire, 
 and of the converfation and duty of Kings, 
 as of the publick tranquility, and their do- 
 meftick 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 mould 
 have been accounted, not only foolifh, but 
 mad. Nor mould they come out of their 
 lurking holes to -breed trouble to thofe 
 that did hold the helm of publick affairs ki 
 hand. Immature liccntioufncfs was alfo to 
 be r'cprcflcd, an unfit interpreter of chrim'an 
 liberty. What then doth Paul write ? doubtlcfs, 
 new precepts ; no, but only thcfe ufual pre- 
 cepts, namely, that Subjects mould obey their 
 Rulers, fervants their mailers, and wives their 
 husbands 5 nor mould we think the Lord's 
 yoke, how light fbever, 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 mould 
 come to pafs, that the name of God fhould 
 be well ipoken of amongft the Gentiles be- 
 caufe 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- 
 fixates, albeit wicked.- May it pkafe you, 
 
 that
 
 the Scots Government. 175 
 
 that I fet before you a manifeft reprcfcntatiofl 
 hereof? I imagine 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 dcjcded in mind, weak and few 
 in number, and expofed to the injuries of all 
 and every one. What elfe, I ask you, would 
 he advife them ; than what 'Paul did advife 
 the Church that then was at Rome, or what 
 Jeremy advifed the exiles in Aflyria ? Now 
 this is a moft fure argument that *Paul had 3 
 regard to thofe men's condition to whom 
 he did write, and not to all others, becaufc 
 he diligently fets home the mutual duties of 
 husbands towards their wives, of wives to- 
 wards their husbands, of parents towards their, 
 children, and of children towards their pa- 
 rents, of fervants towards their matters, and 
 of matters towards their fervants. And al- 
 beit he writes what the duty of a Magiftrate 
 is, yet he doth not give them any particular 
 compilation, ( as he had done in the prccced- 
 ing relations. ) For which caufe we {hall judge 
 that he gave no other precepts for Kings, and 
 others in authority ; efpccially feeing theti 
 luft was to be much more reftrained, than that 
 of private pcribns ? What other caufe may we 
 imagine, than that at that time there were no 
 Kings or Magiftrates in the Church to whom 
 he might write ? Imagine that Taul doth now 
 live in our days, wherein not only the peo- 
 ple, but Princes alfoprofe&Chriftianity. At 
 T 2 the
 
 The due Trivilege of 
 
 the fame time, let there be fome Prince, 
 who doth conceive, that not only fhould hu- 
 man laws, but alfo divine laws beiubjedto 
 his luft and pleafurc, and who will have not 
 only his decrees, but alfo his very nods to be 
 accounted for laws, like that man in the 
 Gofpcl, who neither did fear God, nor re- 
 verence man, who diftributcs the Church re- 
 venues amongft villains and rafcals, if I may 
 fo fay j and doth mock the iinccre worfhip- 
 crs 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 
 fhould be accounted a Magiftrate. He would 
 interdict all Chrifti ans to have any communi- 
 on with him, either in diet, fpecch, or eon-- 
 verfe, and leave him to the people to- be pu- 
 niflied 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 fyeophants, who finding no 
 honeft refuge, become fo impudent, as to 
 fay, that God being angry againft a people 
 doth fet Tyrants over them 5 whom, as hang^ 
 men, he appoints for punilhing them. Which 
 to be true I do confefs ; yet it is true, that 
 God many times doth ftir up from amengft 
 the loweft of the people fome very mean 
 andobfcure men to revenge tyrannical pride 
 
 and
 
 tie Scots Government. 277 
 
 and weakncfs ; for God ( as before is faid ) 
 doth command wicked men to be cut off; 
 and doth except neither degree, fcx, or con- 
 dition, nor yet any man. For Kings are 
 not more acceptable to him than beggars. 
 Therefore we may truly aver, that God be- 
 ing alike the father of all, to whofc provi- 
 dence nothing lies hid, and whofc power no- 
 thing can refift, 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 prcfent- 
 ly follow, that bccauie 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 laws, 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 unjuit, fo 
 fince the memory of man it was never for- 
 bidden, that what fhould not be contained in 
 laws, fhould not at all be done. For that 
 fervitude was never received, nor will the 
 nature of things fo fruitful of new examples 
 fuffer the fame to be received, that whatever 
 is not by iomc law commanded, or record- 
 ed by fome famous example, fhoul<i be 
 accounted for a great crime and nulirke. If 
 therefore any man fhall ask of me an exam- 
 T 3 pl
 
 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 j how many civil 
 ftatutes fhall we have continued with us? 
 how many Laws ? for the greatest part there- 
 of is not taken out of any old example, but 
 cftabU'hed againft new deceits, and that with- 
 out example. But we have already anfwer- 
 cd thole that require examples more than was 
 needful ; now if the Je-^tjh Kings were not 
 jpunifhed 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 punifh 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 ever)' one in 
 particular of the whole people. All the 
 rights and privileges of foreign Nations, who 
 live under lawful Kings do make for us j all 
 the Nations which are fubjecl to Kings chofen 
 by themfelves, do commonly agree herein, 
 that whatever privilege the people hath given 
 to any, the fame they may require again very 
 juftly. All Commonwealths have (till retain- 
 ed this privilege. Therefore Lentulns, hav- 
 ing
 
 the Scots Government. 279 
 
 ing confpired with Catiline for overturning 
 the Commonwealth of Rome, was compelled 
 to renounce his pretorfhip, and the 'Dtcem- 
 vm, the makers of the Roman laws, were 
 taken order with, even whilft they enjoyed 
 the fuprcam authority j feme Dukes of / t- 
 nice, and Cbilpericus King of France, laying 
 afide their royal honours, as private men 
 /pent their days in Monaftcries. And not 
 long ago, Chriftierwis King of the 'Danes, 
 twenty years almoft after he was deprived of 
 his Kingdom did end hisf life in prifon. Now 
 the dictatorfhip ( which was a kind of Ty- 
 ranny ) was in the people's power. And this 
 privilege hath been conftantly oblervcd, that 
 publick benefices granted amifs, and the li- 
 berty granted to ingratc pcrlbns fct at liberty 
 ( whom laws do very much favour ) might 
 be taken back again. Thefe things we have 
 fpoken of foreign Nations, left we alone lean 
 to have dfurped any new privilege againft 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 dcfi- 
 rous to hear. 
 
 B. I might enumerate twelve or more 
 Kings, who for great crimes and flagitious 
 deeds have been either adjudged to perpetual 
 imprifonment, or cfcapedthe juft puniihmcnt 
 of their wickcdnefs, either by exile or volun- 
 tary death. But left any blame me for re- 
 T 4 laring
 
 280 The due ^Privilege of 
 
 lating old and obfolete ftories, if 1 fhould 
 make mention of Culen, Even, and Fer^ 
 chard, I (hall produce fome 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 
 fubjefts, and did caution that none of them 
 who had aided, confented, or contributed 
 money, or had been adive therein, to be cal- 
 led thereafter into 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 left, than 
 L. 6}umtiw fitting in Judgment did com- 
 mend Seriiilius Ahalus for having killed be- 
 fore the bench Sp. Mellus turning his back 
 and refufing to compear into judgment, and 
 that he was not guilty of bloodfhed, but 
 thought him to be nobilitat by thS {laugh- 
 ter of a Tyrant, and all pofterity did affirm 
 the fame. What fubjecl: 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 Suh- 
 jefts and fhedding their blood ? What hath 
 our men done ? Do not they fcem to have 
 made a law, who by a publick decree with- 
 .out any puniftiment, have paft by a flagitious 
 crime committed, if fuch like fhall happen 
 in time coming? for at moil there is no 
 
 ditfe
 
 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 punifhmcnt or reward of 
 the ador. 
 
 M. THESE things will perhaps have fomc 
 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 proted- 
 cd, than the crime it felf full of cruelty and 
 hatred. But you know, if I miftake not, 
 what is ufually fpoken according to the dif- 
 pofition and opinion of every one on both 
 hands, aoncerning the examples you have 
 propofed. I would therefore ( bccaule you 
 fccm to have expcded what is paft, not fo 
 much from the decrees of men, as from the 
 iprings 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 
 Hand 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, nc- 
 
 ceflary
 
 282 The due 'Privilege of 
 
 cdTary for the people, not unjuft for Kings, 
 but lawful, but now at laft accuied of illega- 
 lity ; 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 reprehenfion ? Is 
 it the caufe ? Why is it fought for > Or is it 
 the law itfelf which you reprehended ? for 
 the law was fought for repreiling the unjuft 
 lufts of Kings. Whoever doth condemn 
 this, muft likewife condemn all the laws of 
 all Nations, for all laws were deftred for 
 the very fame caufe. 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 difcourfe we have rightly 
 compared a King to a Thyfaian, as it is not 
 expedient for people that impunity be per- 
 mitted to a 'Phyjician for killing whom he 
 pleafeth, fo it is not for the good of all, 
 thatapromifcuous licence be granted to Kings 
 for making havock of all. We have no 
 caufe 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 
 fhpuld be 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 indict a parliament to 
 meet within forty days. In the mean time, 
 that we may reafon together concerning the 
 law, tell me, Doth he teem to reipeti 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 lick of a feaver, fo as he i$ 
 not far from madnefs, a drink of cold water, 
 though carneftly craving it, do you think he 
 deferveth well of that ikk man ? 
 
 M. BUT I fpeak of Kings of a found 
 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 arc 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 undcrilood would not 
 be profitable for them, nor to be lawful for 
 them to do : Which indeed they will not do, 
 if fo be they fkall once return again to their 
 
 right
 
 284 The due 'Privilege of 
 
 right mind. Even as they who are reftored 
 to health do render thanks to their Phy/ician, 
 whom before they had hated, becaufe he 
 would not grant their defircs 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 increafe 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 reftrained by 
 law-bonds: For there is no monfter more 
 violent and more peftiferous than man, when 
 (as it is in the Poets fables) he is once dege- 
 nerate into a beaft. 
 
 B. You would much more fay fo, if you 
 confider how many ways a man becomes a 
 beaft, and of how many feveral monfters he 
 is made. Which thing the old Poets did 
 acutely obferve and notably exprefs, when 
 they fay that 'Prometheus in the framing of 
 man did give him fome 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 elfe do laws ad or defire, but that 
 thefe monfters be obedient to right reafon > 
 And whilft they do not obey reafon, may not 
 laws by the bonds of their i auctions rcftrain 
 
 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 armcth them 
 for breaking afunder the bars of laws : So 
 that Arijtotle 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 beaft. 
 
 M, ALBEIT thcfe things fecm to be faid 
 appofitcly enough, yet I think we arc in a 
 miftake two ways. Firft, becaufc the laft 
 things we have fpokcn fccm 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; here again we make him 
 fubieft to the laws. Now though we grant 
 this to be very true, what have we gained by 
 this conclufion ? For who (hall call to an ac- 
 count a King become a Tyrant ? For I fear 
 a privilege without flrcngth will not be 
 powerful enough to reftrain 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 considered it, 
 
 you
 
 286 The due ^Privilege of 
 
 you had eafily undcrflood what you now 
 have faid, that bet\vixt them there is no 
 contradiction. But that you may the more 
 eafily take it up, firft anfwer me, when a 
 Magiftrate 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 an 
 Herauld and of a Clerk ? 
 
 M. I T is the fame indeed. 
 
 B. W H i c H of the two feem grcatcft ? 
 
 M. H E who firft doth utter the words. 
 
 B. WHAT is the King who is the au- 
 thor of the edict. 
 
 M. GREATER than both. 
 
 B. THEN according to this fimilitudc let 
 us fet down the King, the 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- 
 xatrix both of his luft and a&ions. 
 
 M. THAT is already granted. 
 
 B. WHA**
 
 the Scots Government. 
 
 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 plcafe. 
 
 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 alfo 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. IT is fo. 
 
 B. A R E not faddles, girdings and Ipurs, 
 made for horfes! 
 
 M. THEY are. 
 
 B. N o w if there were no horfc, there 
 fhould be no ufe of fuch things. 
 
 M. NONE at all. 
 
 B. A horfc is then better than all thc(e. 
 
 M. WHY not? 
 
 B. WHY?
 
 2 8 8 The due Privilege of 
 
 B. WHY ? a horfe, for what ufe is he 
 defired ? 
 
 M FOR very many ufes, and firft of all 
 for obtaining vi&ory in war. 
 
 B. WE therefore do efteem the victory 
 to be of more worth than horfes, 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 (b. 
 
 B. IF the people be better, they are alfo 
 greater. When a King then is called to 
 judgment before a people, the leffer 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- 
 
 pus
 
 the Scots Government. 289 
 
 ous or Qandcrer of him j this now is de- 
 fired, that the law be ufeful for the greateft 
 part, arid that the greateft part have a good 
 opinion of him that is to be chofcii. What 
 if the grcatcll part of the people may cnjoyn 
 a law to, be made, and create a Magiftrate, 
 what doth hinder, but that they allb may 
 judge him, and appoint Judges over him > 
 Or if the Tribunes of the people of Rome y 
 and the Lacedemonian Ephori were fought to 
 modify the power of Magiftracy, fhould it 
 lecm unjuft to any man, if a free people, 
 either upon the like or different account, 
 did forcicc their own good in fupprefling 
 the bitterncis 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 greateft 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 houfhoid furniture. 
 
 B. Do not think .that thcfc things are 
 Ipokcn by me, that I would have any new 
 thing in this kind to .be, done, but that I 
 might fhew you it hath been of old, mat a 
 King fhould anfwcr in , judgment before 
 judges, which you did believe to be almoft 
 "incredible, or at 1 call a. novelty. For to pafs 
 over, how often it hatrV bccu 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 thofe who con- 
 tended for the Kingdom to have appealed 
 to Arbiters? 
 
 M. I have indeed heard it to have been 
 fometimes done amongft the Terjtans. 
 
 B. A N D our writers affirm, that the fame 
 was done by Grimas and Milcolumbm : But 
 left you alledge that that kind of Arbiters 
 \verc wont to be afliimcd by the contenders 
 own confent, let us come to the ordinary 
 Judges. 
 
 M. H E R E I am afraid you may as far 
 prevail, as if a man fliould ipread nets in 
 the fca to catch whales. 
 
 B. WHY fo, I pray you? 
 
 M. BECAUSE all apprehending, reftraint 
 and punifliment, is carried on by the more 
 powerful againft the weaker. But before 
 what Judges will you command a King to 
 compear ? Before them over whom he hath 
 the lupream power to judge ? Whom he can 
 compefce by this one word, I forbid. 
 
 B. WHAT if fome greater power be 
 found which hath that right, privilege, or 
 jurifdiftion over Kings, which Kings have 
 over others? 
 
 M. I defire to hear that. 
 
 B. W E told you, if you remember, that 
 this power, is in the people. 
 
 M. I*
 
 the Scots Government. 291 
 
 M. I N the whole people indeed, or in 
 the greateft part thereof. I alfo yield thus 
 further, that it is in thofe to whom the peo- 
 ple, or the greateft part of them lhall tranimit 
 that power. 
 
 B. You do well, in holding in my pains. 
 
 M t B u T you know that the greateft pare 
 of the people is corrupted, either through 
 fear or reward, or through Tome hope of a 
 bribe and impunity, fo as they prefer their 
 own benefit and plcafures or lufts to the 
 publick utility, and alfo fafety. Now there 
 arc very few who are 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 ifliies of 
 the River Nilus. Now all the reft being a 
 naughty rabble, famed 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. 1 alfo omit thofe, who, 
 albeit they arc not ignorant what is lawful, 
 and juft or right, yet prefer a quiet (lothful- 
 ncfs to honcft hazards, and hefitating in their 
 minds do frame their confutations on the 
 expectation of the event ; 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 wrong 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 infatiablc, 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 iatiatc their 
 luft. ! And further, the fidelity of fuch men 
 for the molt part is unftable. As faith the 
 Poet, Fidelity doth ft and and fall ivith for-, 
 tune. But if they would alfo continue firm 
 in their judgment, they fhould not be ac- 
 counted in the number of good fubjects, for 
 they are the violators, or rather betrayers of 
 humane fbciety : 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 fubjcfts ? 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 honefty > 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 vertuc will 
 raife up dejecled minds : And thofe who 
 dare not be authors or leaders, will not de- 
 cline to become aflociatcs. If therefore fub- 
 jcfts be reckoned, not by number, but by 
 dignity and worth, not only the better part> 
 but alfo the greater part will (land for their 
 
 liberty,
 
 the Scots Government. 293 
 
 liberty, honcfty andfafety* But if the who'c 
 common people diflent, this fays nothing to 
 oui- prelent 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 fcntcnccs. 
 
 M. THAT I j uft now look for. 
 B, I F any private man contend that his 
 inheritance, or Ibmc part of his land is un- 
 juftly detained by the King,what do you think 
 fhould this private man do ? fhall he pafs from 
 his land, becaufe he cannot fet a judge over 
 the King? 
 
 AT. NOT at all, but; he may command 
 not the King, but his proxy to compcar in 
 judgment. 
 
 B. Now fee what, ftrength that refuge 
 hath whereof you make ufe. For it is all one 
 to me, whether the King compcar, or his 
 proxy, or advocate, for both ways, the litis- 
 conteftation will redound to the King's lofs $ 
 the damage or gain will redound to him, not 
 to his advocate, by the event of the fentcnce. 
 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, butalfoun- 
 juft to pafs ientencc againft a King for a pet- 
 ty inheritance for lights in a houfe, or for cafe 
 droppings thereof, and no fcntcnce to be paft 
 for patricide, wicthcraft, or trcaibn. Tp 
 make ufe of the fevcrity of the Law in lef- 
 fer matters, and the greatcft licence and mi- 
 ll 3 punity
 
 294 Ifa due Privilege of 
 
 punity to be permitted in the grcateft 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 
 nor equitable, that judgment fhould pafs 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 are inferi- 
 our to them in riches, nobility, and valour. 
 And not much above the vulgar rank ; and 
 far more below the guilty, than the greateft 
 Peers are below Kings. Nor yet for all this 
 do thefe noble men, or Peers think it any de- 
 rogation to their dignity. Now if we fliall 
 once admit this, that no man can be fitted be- 
 fore a Judge, unlefs the Judge be every way 
 fuperiour to the perfon arreigned, the inferi- 
 our rank muft attend and wait on until the 
 King either pleafe, or be at Icifurc, to cog- 
 nofce concerning the guilty Noble man ; but 
 what if their complaint be not only unjuft, 
 but alfo falfc ? Tor no man coming before a 
 Judge doth come before an inferiour perfon, 
 cfpecially feeing fo great an honour is by 
 God himfelf conferred upon the order of 
 Judges, that he callcth 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 Roman Popes, who did gracioufly 
 indulge Kings to kifs their feet, \vho 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 aniVcr 
 in Judgment, did obey, and being compelled 
 by Judges renounced their Popcdom. John 
 the twenty fecqnd being from flight brought 
 back, was thruft into prifon, and fcarce at laft 
 relieved by money, and fubmittcd to him that 
 was put .into his place, and therefore he did 
 approve the fentencc of the Judges. What did 
 die Synod of Bajtle ? did it not appoint and 
 ordain by the common confent of all the 
 members thereof, that the Pope is fubj eel to 
 the council of Pricfts. Now thcfc Fathers 
 were pcrfwaded upon what account they did 
 fb, which you may find out of the Acls of 
 thcfc councils. Kings then who confefs the 
 Majcfty of Popes to be fo far above them, as 
 that it doth ovcr-fhadow them all with the top 
 of its celfitudc, I know not how they think 
 therein their dignity to be diminiihcd, 
 wherein the Pope 'did not think he was 
 difparaged to dcfccnd from fo high a throne, 
 namely to ftand to the judgment and fcn- 
 tence of the Cardinals ; hereby you may 
 fee how falfc their complaint is, who difdain 
 to be arraigincd at the bar of an inferiour 
 Judge, for it is not Titius, Semprorims y or 
 Stzchus that doth in a judiciary way con- 
 demn and ailbil, but the law, to which Kinas 
 U 4 fliouU
 
 296 The due Privilege of 
 
 fhould yeild obedience. . The moft famous 
 Empcrours Theodojins and Vakntianus ac- 
 counted honourable. I fhall here fct down 
 their own words, bccaufe they deferve the 
 memory of all ages. It is ( fay they) a word 
 well befceming the Majefly of a King to 
 confefs he is a Prince tkd to the Laws. And 
 we declare that it is more to fiibmit a principa- 
 lity to the laws, than to enjoy an Empire. And 
 what we now declare by this our edict, we 
 will not fiuTcr to be infringed. Thcfe things 
 the very bcft Princes judged right, and by 
 law cftabliihcd, and Ibme of the worft fee 
 the lame. For Nero being apparelled in the 
 drcfs of harpers, : is faid to have not only ob- 
 icrvcd their carriage, and motions, but alfo 
 when it came to be judged who had done 
 belt, that he ftood felicitous betwixt hope and 
 fear for the victory. For albeit, he knew he 
 would be declared victor, yet lie thought the 
 victory would be the more honcft, if he 
 fhould obtain it, not by the flattery of the 
 judges,' but by due debate? and he thought 
 the obfervation of the law did contribute 
 not for the dimnuition of his authority, but 
 for the fplendor of the victory. 
 
 M. YOUR, diicourfc, I perceive, is not 
 not fo inlblcnt, as at firft I took it, when 
 yen laid , you would have Kings obedi- 
 ent to the laws ; for it is not fo much 
 founded upon the authority of Philolbphers, 
 as of Kings, Empcrours and Councils of the 
 Church. M. Bur
 
 tfo 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 lay, that the voice of the 
 Kins, and of the law, is the fame ? 
 
 A W E did Ib. 
 
 B. WHAT the voice of the Clerk, and 
 Herauld is, when the law is publifhed ? 
 
 M. T H E 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 fentencc is then 
 from the law, and the pronunciation of the 
 words of the law is alone the judges. 
 
 M. I T fccms fo. 
 
 B. Y E A, there is nothing more certain, 
 for the fentcnces of judges pronounced ac- 
 cording to the law are ratified, elle they are 
 rcfcinded. 
 
 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. THE low and mean condition of him 
 that proclaimed! the law doth not dkninifh 
 the dignity thereof, but the dignity of the 
 
 laws
 
 298 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 eftabliflied, 
 is firft the voice of the King, and then of 
 others. 
 
 M I T is fo. 
 
 B. WHILST then the King is condem- 
 ned by a judge, he feems to be condemned 
 by the law. 
 
 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 
 fclvcs concerning a judge, feeing we have the 
 King's own confeflion, that is to fay, the 
 law ? Let us alfo confider this, which is but 
 prefc-ntly come into my mind. When a 
 King in what caufe foevcr doth fit in judg- 
 ment as a judge, fhould he not lay afide the 
 perfon of all others, and to have no refpcft 
 to brother, kinfman, friend or foe, but re- 
 tain only the perfon of a judge ? 
 
 M. H E ought ib to do. 
 
 B. O u G H T he not to remember that 
 perfon only, whole proper aft it is he is a- 
 bout ? 
 
 M. I would have you tell me that more 
 clearly. 
 
 B. TAKE
 
 the Scots Government. 299 
 
 B. TAKE heed then ; when any man 
 doth fecretly 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. 
 
 E. How do you fay he hath done ? Who 
 makes ufe of his neighbours Wife, as his 
 own. 
 
 M. W E fay he hath committed adultery. 
 
 B. How fhall we call him? 
 
 M. A N adulterer. 
 
 jB. How 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 fen- 
 tence, he is to lay afide all other perfbns. 
 
 M. INDEED he fhould, cfpecially thofe 
 that may prejudge either of the parties in 
 judging. 
 
 B. How do you call him agamft whom 
 the fcntence is paft, from that ad of judg- 
 ment. 
 
 M. WE may call him guilty. 
 
 B. AND it is not equitable that a judge 
 lay afide fuch perfons as may prejudge the 
 fentence ? 
 
 M. CERTAINLY he fhould, if fo, be 
 fuch perfons be more regarded than the 
 
 caufc j
 
 300 The due Privilege of 
 
 caufe 5 yet fuch pcrfons pertain not to a judge- 
 Seeing God will have no refpect to be had to 
 the poor in judgment. 
 
 E. 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 mould not herein avail him. 
 
 M. NOTHING at all. 
 
 B. NOR the art of painting avail the other, 
 if the debate be concerning Grammar. , 
 
 M. N o T a white more. 
 
 E. A judge then in judgment muft acknow- 
 ledge but one name, to wit, of the crime, 
 or guilt, whereof the advcrlary or plaintiff 
 doth accufc his party or defendant to be 
 
 M. N o more. 
 
 B. WHAT if a King 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 oontroverfie 
 concerning his Kingdom, but concerning his 
 parricide. 
 
 B. WHAT if two parricides be called ta 
 anfwer in judgment, the one a King, and the 
 other a poor fellow, mail 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~ 
 trantly fpoken. f/s. Ctefar was both my 
 
 leader.
 
 the Scots Government. 30 1 
 
 kadcr and fellow in palling over the Ume, 
 Whom a maleticc doth make guilty, it mak- 
 cth alike. 
 
 B. TRUE indeed. The proceis then is not 
 here carried on againft a King and a poor 
 man, but againft their parricides ; for then the 
 jproceis 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 qucftion, 
 whether Hiero be King or a Tyrant-, or if 
 any other thing come into queftion, which 
 doth properly belong to the King s fundion. 
 Even as if the fentcnce 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 
 compcar. 
 
 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 fuppofc, 
 you know, what the law doth permit, name- 
 ly to kill any way a thief dealing by night, 
 and allb to kill him if he defend himfclf 
 when dealing by day. But if he cannot be 
 drawn to compear to anfwer but by force, you 
 remember what is uiually 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 caufe 
 of all the wanes betwixt Nations, People, and 
 
 Kings,
 
 302 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 j but they do 
 firft promife that they fhali rule in equity and 
 juftice. 
 
 M. I T 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 
 Avhat is covenanted, and doth contrary to 
 what he hath covenanted to do, break the 
 contract 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 fiippofe is loft. 
 
 M. I T is loft. 
 
 B. H E then with whom the covenant 
 was made becometh as free as ever he was 
 before the ftipulation, 
 
 M. H E doth clearly enjoy the fame pri- 
 vilege, and the fame liberty. 
 
 #. Now
 
 the Scots Government. 303 
 
 B. Now if a King do thofc things which 
 are dirc&ly for the diflblution of fociety, for 
 the continuance whereof he was created, how 
 do we call him ? 
 
 M. A Tyrant y I fuppofe. 
 
 B. Now a Tyrant hath not only no juft 
 authority over a people, but is alib their 
 enemy. 
 
 M. H E is indeed an enemy. 
 
 B. Is there not a juft and lawful war with 
 an enemy, for grievous and intolerable in- 
 juries ? 
 
 My IT 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 ouce 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 confefs that. 
 
 B. M A Y not every one out of the whole 
 multitude of mankind afiault, 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, Ttmo- 
 leon for killing his brother, aad CaJJiu* for 
 
 killing
 
 304. The due Privilege of 
 
 killing his fqn .5 and Fulviits for killing his 
 own Ton going to Catiline -, and Brutus for 
 killing his own fons and kinfmen, having 
 undcrftood they had confpired to introduce 
 Tyranny again : And publick rewards were 
 appointed to be given, and honours appointed 
 by fcveral 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 collect the afient of fome fmgle per- 
 fons, fince I can produce the teftimony al- 
 moft of the whole world : For who doth 
 not fharply rebuke c Domrtms Corimlo, for 
 neglecting the fafcty of mankind, who did 
 not thruft Nero out of his Empire, when 
 he might very eafily have done it ? And not 
 only was he by the Romans reprehended, 
 but by Tyridates the Terfian 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 fometimes it breaketh out 
 in them againft their will, and forccth them 
 to ftand amazed with terrour at the fight of 
 fuch a juft and lawful deed. When the 
 Miniftcrs of Cams Caligula^ a moft cruel 
 Tyrant, were with the like cruelty tumul- 
 tuating for the (laughter of their: Lord and 
 Matter, and required thofe that had killed 
 him to be puniflied, now and then crying 
 
 aloud
 
 lie Scots Government. 
 
 aloud, Who had killed the Emperour ? Pa* 
 lerms A flattens, one of the Senators, ftand- 
 ing in an eminent high place, from whence 
 he might be heard, cryed out aloud, .Ivifi 
 I had killed him. At which word thefc 
 tumultuary perfons, void of all humanity, 
 Hood as it were aftonifhed, and fo forbore any 
 more to cry out tumultuoufly. For there* 
 is Ib great force in an honeft deed, that the 
 very lighted fhcw thereof being prcicnted 
 to the minds of men, the mod violent af- 
 iaults are allayed, and fierce fury doth lari- 
 guiih, and madnefs nil! it will it doth acknow- 
 ledge the Sovereignty of rcaibn. Neithct 
 arc they of another judgment, who with 
 their loud cries mix heaven and earth toge- 
 ther. Now this we do cafily undcrftand 
 either from hence, that they do reprehend 
 what now is done, but do commend and 
 approve the fame fecmingly more atrocious^ 
 when they are recorded in an old Hillory ; 
 and thereby do evidently demonftratc, that 
 they are more oblequious to their own par- 
 ticular affections, than moved by any publick 
 damage. But why do we leek a more 
 certain witnefs what Tyrants do dcfcrvc, 
 than their own confcicn.ee \ Thence is that 
 perpetual fear from all, and chiefly from 
 good men : And they do eonihntly fee 
 hanging above their own necks the (word 
 which they hold ftill drawn againft others ; 
 and by their own hatred againft others, the/ 
 X
 
 qjo<5 The due Privilege of 
 
 meafurc other niens minds againft them. But 
 contrary Wife, 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 befal men naturally.' 
 
 M. INDEED when 1 do ponder the 
 weight of your rcafons, I cannot deny but 
 thcle things are true : But whilft hazards 
 and inconveniences do occur, which follow 
 on the back of this opinion, my mind, as 
 it 'were tyed up with a bridle, doth inftant- 
 ly, I know not how, fail me, and bendeth 
 from that too floical and fcvere right way, 
 towards utility, and almoft falleth away : 
 Tor if it fhall be lawful for any man to kill 
 a Tyrant, fee how great a gap you do open 
 for wicked men to commit any mifchicf, 
 and how great hazard you create to good 
 men : To wicked men you permit licen- 
 cioumcfs, 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, 
 may he not pretend by his wicked deed 
 fomc fhew of hone/ft 'and lawful duty? Or 
 :W good -ftibj eel: fhall in vain attempt to 
 
 kill
 
 the Scots Government. 307 
 
 kill a Prince worthy of all puni foment, 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 9 
 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 vcr- 
 tue of others, than confefs their own floth- 
 fulnefs. Surely this remembrance of felf- 
 intcreft, 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 feme 
 Tyrannies allowed by the free fuffrages of a 
 people, which we do honour with royal ti- 
 tles, becaufe of the moderate adminiftration* 
 No man, with my will, mail 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 amongft 
 the Romans were Vefpafianus, Titus, Ter- 
 X z
 
 508 The due ^Privilege of 
 
 tinax ; Alexander amongft the Grecians', 
 and Hiero in- Syracufa. Who albeit they 
 obtained the Government by force and arms, 
 yet by their jufticc and equity deferved to 
 be reckoned amongft juft Kings : Beftdcs, I 
 do only fhcw what may be lawfully done, 
 or ought to be done in this cafe 3 but do 
 not exhort to attempt any fuch 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- 
 ing, and courage in acting. Now feeing 
 thtie things are either promoved or over- 
 turned by the circumftances of time, perfon, 
 place, and other inftruments in carrying on 
 the buflncfs : If any fhall rafhly attempt this, 
 the blame of his fault can be no more im- 
 puted to me, than his fault to a Phyfician, 
 who hath duly prefcribed 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 this difpute ; which if you 
 fhall add, I fliall think -I have received a very 
 Jingular kindnels of you. The matter is 
 this : Let me underftand, if there be any 
 Church ccnfures againft Tyrants ? 
 
 B. .You may take it wheri you pleafe 
 out of the firft Epiitle of Taul to the Co- 
 rinthiansy where the Apoftle doth forbid to 
 have any feliowfhip either at meat or dii^ 
 
 courfc
 
 tie Scots Government. 309 
 
 courfc with openly lewd and flagitious men. 
 If this were obfcrvcd amongft Chriftians, 
 fucli lewd men, unlcls they did repent, 
 might perim by hunger, eold and nakcdnels. 
 
 M. A grievous lenience 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 piuuthed 
 after this manner. 
 
 B. SURELY the ancient Ecclcfuflick 
 writers without exception did thus underftand 
 that fcntencc of Paul. For Ambrofc did 
 hold out of the Aflcmbly of the Chiiftians 
 Theodo fius the Emperour, and Theodofins 
 obeyed the faid Bifhop : And, for what 
 I know, antiquity doth more highly extol 
 the deed of no other fo much, nor is 
 the modcfty of any other Emperour more 
 commended. But to our purpoie : What 
 difference is there betwixt the exclufion out 
 of chriftian fellowfhip, and the interdiction 
 from fire and water? This lad is a moil 
 grievous fentencc impoled by Rulers againft 
 fuch as rcfufc to obey their command* ; and 
 me former is a fcntencc of churchmen. 
 Now the punifhmcnt of the contempt of 
 both authorities is death ; but the ieeular 
 Judge denounced! the death of the body, 
 the Ecclcfiaftick Judge denounced! the dc- 
 ftrudion of the whole man. Therefore the 
 Church will not account him worthy of 
 death, whom it doth expel out of the fcl- 
 X 3 low (hip
 
 5 1 o The due ^Privilege of 
 
 lowfhip of Chriftiahs, 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 defire 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 thcfe two thoufand years free 
 of the Empire of foreign Nations. We did 
 create at firit lawful Kings j we did impofe 
 upon ourfelves and them equal and juft laws j 
 the long continuance of time doth fhcw 
 they were ufeful : For more by the obferva- 
 tion thereof, than by force of arms, hath 
 this Kingdom ftood intirc hitherto. Now 
 what iniquity is this, that we fhould deiire 
 cither to abrogate or neglect the laws, the 
 o;ood whereof we have found by experience 
 for fo mapy ages? Or what impudence is 
 
 that
 
 the Scots Government; 3 1 r 
 
 that in others, that whereas they c-aunot 
 fcarce defend their own Government, en- 
 deavour to weaken the ftatc and good order 
 of another Kingdom? What ! are not our 
 Jaws and ftatutes ufcfuJ, not only to oiu-fcrvcs, 
 but allb to our neighbours ? For what can 
 be more uieful for keeping peace with our 
 ncareft neighbours, than the moderation -of 
 Kings? For from immoderate lult unjult 
 wars are for the molt part rafhly undertaken, 
 wickedly profccuted and carried on, and 
 fhamefully with much difcracc left off. And 
 further, what more hurtful can there be to 
 any Commonwealth, than bad laws .a-mongft 
 their neareft neighbours, whereof the con- 
 tagion doth ufually f]>read far and wide ? 
 And why do they thus trouble us only, lee- 
 ing fo many Nations round about have their 
 fevcral 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- 
 fcrve what we had by an ancient piiviledge ? 
 And feeing we are not the only perfons, 
 nor the firft perfons, nor yet is it at this 
 time that we make ufe of our laws. But 
 our laws arc difpleafing to fome : Perhaps 
 their own laws difplcafe 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 1 2 The due Trivilege of 
 
 many years. Do we trouble their Councils? 
 Or in what bufmefs do we moleft them ? 
 But you are feditious, fay they. I could 
 freely give them an anfwer : What is that 
 to them ? We are tumultuous at our own 
 peril, and at our own damage. 1 might 
 enumerate a great many feditions, that are 
 not hurtful either to Commonwealths or 
 Kingdoms. But I fhall not make ufe 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 feditions 
 than we. Many contentions have fallen out 
 for laws, and right of Government, and ad- 
 miniftration of the Kingdom $ yet the main 
 bufmefs hath been ftill kept fafe. Our con- 
 tentions never were, as amongft many others, 
 with the dcftruction of the people, nor with 
 the hatred of our Princes ; but only out of 
 love to our own country, and dcfirc to 
 maintain our laws. How often in our time 
 have great armies flood in oppofition 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 
 hath the publick utility fetled the private 
 grudges ? How often hath the rumour of the 
 enemies approach" extinguished our mtcilinc 
 hatred and animoitty ? In all our feditions 
 we have not been more modeft than fortu- 
 nate 5 feeing for the moft part, the party 
 
 moft
 
 The Scots Government. 3 1 3 
 
 jnoftjuft hath 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 f 
 refute fuch as are more pertinacious ; and may 
 fatisfy fuch 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 rchearfed 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 approved 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 difcourfe, and my felf eafed of very 
 much trouble. 
 
 THE
 
 THE 
 
 KING: 
 
 FROM 
 
 SENECA. 
 
 imperial Fur, nor purple 
 Robes, 
 Nor Scepters, Diadems, and golden 
 
 Globes, 
 
 Nor royal Mantles can a Monarch frame ; 
 But he, and only he, deferves the Name : 
 In whom Ambition ne'er can claim a part, 
 Fear from his Soul, and malice from his Heart 5 
 Whom the inconftant Crow'd cou'd never 
 
 move, 
 
 With fhort-liv'd Praifes, or decaying Love 5 
 Who ne'er was tempted by the fhining Oar, 
 Which Tagus cafts upon the golden fhore : 
 Or by the yellow Harveft, which the Fields, 
 -Of fruitful Ljbia to the Lab'rcr yield : 
 
 Whofe
 
 TV&oick KING. 3 r$ 
 
 Whofe conftant Courage, and whofe fteady 
 
 Mind, 
 
 Was never fliaken 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 brandifli'd 
 
 Spear, 
 
 Or well aim'd Javelin whittling thro* the Air v 
 Who by indulgent Fortune rais'd on high, 
 Can Death and threatning Dangers fearlefs fpy. 
 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 Raffta's frozen Strand 5 
 Tho' he attacks Him, who (hall dare to ftem, 
 And crofs the 'Danube's fwift refiftlefs Stream ; 
 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 K i N G, in whofe undaunted Brcaft, 
 Fear never was admitted as a Gueft. 
 In every Place, die juft and willing MIND. 
 Can fuch a glorious peaceful KINGDOM find. 
 
 THE

 
 THE 
 
 GENEOLOGIE 
 
 Of all the 
 
 KINGS 
 
 O F 
 
 SCOTLAND. 
 
 THEIR 
 
 LIVES, 
 
 The Years of their Coronation, the Time of 
 
 their Reign, the Year of their Death, and Manner 
 thereof, with the Place of their Burial. 
 
 Printed in the Tear M DGC jcxi.
 
 DM I 
 
 .a v, K 
 
 23 I
 
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