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• glory of God; for satisfying the consciences This Sprott, after diuers Examinations, being
of all these (if any be), that has, or can make moved with remorse of conscience, for the long any doubt of the truth of this so clear a matter.' concealing of the foreknowledge of this treasonAnd he acknowledges, that liis haunting with able Conspiracy; confesseth, declareth, and Restalrig, who was a man without religion, deponeth, with the peril of his own life: and subject to many other vices; and his “ That he knew perfectly, that Robert thoughts of himself in thir matteis, after the Logan *, late of Restalrig, was privy, and upon first sight of Restalrig's Letter written to Guw- the foreknowledge of Gowrie's treasonable Conrie, and his continual bearing of company with spiracy. Ani for the greater assurance of his Restalrig and laird Bour, who was irreligious, knowledge, deponeth, tsat he knew that there and without fear of God, brought him from one were divers Letters interchanged betwixt them, sin to another, and consequently to this griev- anent the treasonable purpose aforesaid, in the ous crime, for the which, most justly, worthily beginning of the month of July, 1600. Which and willingly, he is now to render his lite. And letters, James Bovr, calleil laird Bour, sereitor he desired all the people to beware of ill com to Restalrig, (who was einployed mediator bepany; and namely, of the company of those twixt them, and privy to all that errand) had in who are void of religion. And he desired, that kepiny, and shewed the same to Sprott in the this his Declaration might be inserted in his place of Fastcastle. And producing the earl Process : as also, he desired the ministers of of Gowrie's letier to Restalrig; Which Letter, God's Word to publish this Declaration to their written every word with Restalrig's own hand, folks, from their palpits; and took every one was subscribed by him after his accustomed of them who were present by the hand, with manner, (Re stalrig ;) and was sent to the their promise to do the same: saying unto earl of Gowrie, by the said James Bour. After thein, That this was the most glorious day that whose return within five days, with a new ever his eyes did see; and with these words he letter from Gowrie, he staid all night with Reprostrates himself, and falls upon his knees, in stalrig in Gun's Green (a house of Restalrig's) : presence of the hail people, and made a very and Restalrig rode to Lothian, the morn therepithy Prayer. (See p. 106). And so he con- | after, where he staid five or six days. Then tinued a good space, in a most fervent prayer, after his returning passed to Fastcastle, where to the great admiration and rejoicing of all the he remained a certain short space. And furpeople; and in a better form and manner nor ther deponeth, That he saw and heard Restalany of the beholders and hearers can be able to rig read the last letter, which Bour brought set down in writ, the same not being written back to him from Gowrie, and their conference in the present time, because there was no place thereanent. And heard Bour say, sir, if you of writing upon the scaffold, in respect of the think to make any commodity by this dealing, prease and multitude of people. And going lay your hand to your heart. And Restalrig up the ladder, he desired liberty to sing the answered, that he would do as he thought best. 6ih Psalm, and requested the people to nc- and further said to Bour, howbeit he should company bim in singing thereof; which being sell all his own land that he had in the world, granted, and he being at the ladder-head, die he would pass through with the earlof Gowrie'; same was tane up and sung by himsell, with a for that matter would give him greater contentvery loud and mighty voice, and was assisted with above the number of 500 persons, who * Great part of this Evidence is in the Trial with tears accompanied hiin in singing of that of George Sprot, No. 86, though not so full. song. After the ending thereof, he repeated for the earl of Cromerty, in his Account of the and ratified his former Deposition: and with Conspiracies of the earl of Gowrie, (fronwhence that, recommending his soul to God, he was this is taken) says, p. 126, “Mr. Crawford did thrown over, and so ended bis mortal life. In bring a pamhlet printed at London, anno 1609, witness whereof, we under-subscribers, who, published by Dr. George Abbot, then archfor the most part, were all of us upon the scaf- bishop of Canterbury, who being providentially fold with bim, and remained with him unto the in Scotland in the year 1608, the doctor's time of his death; and others of us in so con- curiosity brought himn in amongst the multitude venient places near to the scaffold with him, of hearers of that Trial, of G. Sprott, whereby that we did bear all that was spoken by him, he was so convinced of the truth of Gowrie's have subscribed thir presents with our hands. Treasons, and of the malice of the king's ca(Sic subsc.) Glasgow, B. Galloway, M. B. lumniators, as moved the good doctor to intreat Brechin, Balfour of Burley, Holy-rood-house, for an extract and account of the whole proJohn Preston, Thomas Regra, Peter Sharp, cess, attested by sir William Hart, Lord Justice Balcanquhal, Mr. Hewat, Mr. George Blyth, of Scotland, at that time (which the doctor Dir. Patrick Galloway, 'John Hall, Walter brought with roim to England, and caused it to Charles Lumsden, Richard Tobie, Baillie of be printed, with a long Preface, from which Edinburgh, William Speir, Baillie, James Ain- the Trial of G. Sprott, is taken.) But that sly, Baillie of Edinburgh, &c.
Paper, printed at London, being drawn out as What is contained in this speech being con a Memorial for Dr. Abbot's own use, and not sonant to his Deposition made before the Privy as a full Abstract of what is recorded, which I Council, as also before the Inquest; here is now publish from the original Depositions, Letadded the Deposition, as emitted by him.- ters, and other Writs, lying in record.
ment, nor if had the whole kingdom: and / mined in the presence of a number of the Coun-
Executions and Indorsations thereof respective And also the 11th day of the foresaid month foresaids, being this instant day read in preand year, the said George Sprott being exa- sence of his majesty's Commissioner aod Estates
of parliament, first in Latin, and thereafter in in the said Suinmons: and therefore it was Scots; The said Robert Logan being oft times given for doom by the mouth of Divid Lindsay, called of new, at the Tolbooth window of the Dempster of parliament, in manner and forin said Court of Edinburgh, to have compeared as follows: and answered to the said Suinmons of Treason, • This court of parliament shows for law, and Re:isons and Causes therein contained: that the said umqunil Robert Logan of ResAnd he not compearing to have defended in the "talrig, in his life-time committed the foresaid matter : and to have answered to the said ( said crime of treason and lese majesty; and Summons, The said sirThomas Hamilton of Byn-' that he was art and part guilty, and partaker nie, kt., Advocate to our sovereign lord, desired thereof, against our sovereign lord and authothe said estates declaration, it the Reasons of 'rity royal, and that the foresaids cruel, wickthe said Summons were relevant: the whilked and creasonable crimes were interprised, Estates found the said summons and Reasons by his causing, persuasion, counsel and help. and Causes therein contained relevant. There Likeas, the said umquhil Robert Logan of fore the said Advocate of new for proving of the Restalrig, treasonably counselled the foresaid foresaid Summons of Treason raised against the crime of lese majesty to his death, and in his said Robert Logan, bearing and containing as is death, in all manner, at length contained in above-written; repeated all the foresaid inis- the said summons: and therefore, depones sive Bills, and the saids Depositions of the said and declares the name, memory and dignity Witnesses examined before the saids Lords of of the said umquibil Robert Logan of RestalArticles and Lords of Secret Council respec-rig, to be extinct and abolished, and his arms tive; and also George Sprott's Deposition, cancelled, riven and delete furth of the books Conviction and Confession, in Judgment, and of arms, and nobility; so that his posterity at his Execution to the death, for the said cause • shall be excluded, and be unhabile to possess of Treason; with tbe hail other Writs and pro- or enjoy any ofices, bonours, dignities, lands, bations produced and repeated by him of before; tenements, rooms, rents, possessions or goods, for proving of the foresaid Summons of Treason, moveable or unmoveable, rights and others and Reasons therein contained; and desired the whatsomever, within the kingdom, in all time saids Estates of parliament yet, as of before, to coming; and that all the said goods, lands, advise the probations foresaids, led and deduc-rooms, tenements and other goods, moveable. ed in the said matter; and to pronounce their and unmoveable, rights and others whatsomsentence of parliament thereuntil
, according to ever pertaining to the said umquhil Robert the said probations and their consciences: And • Logan of Restalrig; or which might otherways thereafter, the hail Depositions of the Wit- have pertained to him, at any time, since his nesses, missive bills, and hail writs, and proba-conspiring of the said treasonable crimes, to tions, being read, seen, and considered hy the be escheat and forefaulted to our sovereign foresaids hail estates of parliament; and they lord; to appertain and remain perpetually therewith being ripely advised, the said lord coin with his majesty in property. And this I give missioner and estates of parliament findes, di for Doom. cerns, and declares, That the foresaid uinqubil Note, Here, as in Gowrie's Process, that the Robert Logan of Restalrig committed and did citing of dead persons is among the legal forms, in his life-time, open and manifest Treason, in prescribed both by our laws, and laws of seveall the points, articles, and manner, containedral other nations.
88. The Trial of the Lord BALMERINOTH,* at St. Andrews, for High
Treason : the 10th of March, 7 JAMES I. A.D. 1609. [Copied from a MS. in the Bodleian Library, Rotulæ in Archivo, A. 3033. 44, 10. And though short, is a more perfect Copy than
that in the Cotton Library, Julius, F. 6. N. 34.] The Lords being set, the lord Balmerinoth to know, whom he had entertained to speak fus was sent for: and being come, the Lord Advo- bim. cate told him, There was a Warrant conse from Ile answered, “ Ile had great necessity to his majesty for bis Trial, and therefore desired speak, the cause being such as concerned his
The lord Balmerino was a professed Pro a hunting, thrust it in among the rest ; and the testant: bur, upon what motive is not known, king, through inadvertency, in that hurry, signed he often pressed the king to write a Letter of it. The Letter thus signed, was sent away, and Compliment 10 the Pope, which, it seems, his no more heard of it vill some years after, cardi. majesty had as often refused to do. Hereupon, nal Bellarmine mentioning of it to the king's as the thing is related, Balmerino writ the Let- disadvantage, his majesty was obliged to take ter, and bringing the king several Dispatches at notice of, and to question the Secretary about a time wben his majesty was in diaste to be gone it,
life and estate; but he had greater necessity to that it was gain or any private advantage that bold his peace, by reason of his offence, which drew me to that; for i protest I never received svas such as it iuinitted no excuse; and niy or expected the least reward from any princegriet' for it so great, as it will not suffer me to in the world, save from the king my master. extenuate my crine: and the retore I will nei. And this, as I shall answer t'ie great God in thermale zus tuienei interested in it, where- heaven," unio my lifell without the adiice of any; bor '] his said, the Jury was called, and in their will I riesire a liwyer to make that seein less, bearing was read the Indictment, which agyra. which I would live : the world know to be rated his crinie by lis majesty's favours to him, such as it is.-llerein te two points in which which had deserved more regard; by bis majesI would have all meu satisfied concerning his ty's relasal; by the dagers which did follow, majesty: First, for bis maje-ty's innocency in or might have done; imputing all the Treasons the writing of ihe letter; tur i protest I could which have been 11-foot since, to be fruits of that never draw him to bear with patience my mo letter; and lastly, charging him with laring intion. But he did witerly avd absolutely retuse telligence with foreign estates, and enemies of 10 take that curse against con-cience, which the Gospel, for the subversion of the state of woulit neither sitli fy me, who in a politic nati Religion. ral course had conceited it might be behovetul To all these he replied not one word. for his majesty; and so applied myself to that Then was read bis Contession taken in Franke crooked device, which bin worthily brought land, tive eilect of that which he made in Lonine to this estate wherein I now stand.-The don. Then was read the Speech he uttered secuad thing concerning his inajesty, is this before the Council at Whitehall, containing his That whereas some in malice to his m jesty, or sorrow, bis sins, the favours he had receivedla my friends in commi-eration of my estate, may his unworthiness of thein, bis desire to give his think and report it too rigorous and cruel a majesty satisfaction for liis olience to the last course, which is held against me in a matter of drop of his blood. Last, was read a Letter this moment, the su testing of a letter of recom from his majes•y to the Lord Advocate, shewmen i ation, to proceed against my life and ing his majesty's refusal to listen to the Lord estate; I would have such hnow, that bij ma President's motion, and setting down some cirjesty's clemency is many ways jesified into cumstances which passed betwixt his majesty the world, in cases
ses that have seemed more and the Lord President at the time of the renearly to concern him; and therefore nien fusal; against all which the President said no. should not judge ot bis majesty's disposition thing. D mercy by ibis action ;
but rather cast So the Jury going together, after a time retheir eres upon my uniappiness, who have turned, and found him Guilty of ail the parts of ohnded in such a point is from majesty can ex the Indictment. ikud no tavour to me without the damage of his Then the Lords conferring upon the Bench; own hour, which being dearer to bin than my Lord Justice signified, That they were not bis lite, it in 'st nceto be more tendered whan to proceed further will they knew more of the twenty thousand such lives as mine. And there- king's pleasure. And so advising ihe Lord Prefore I desire not to lie spared at so dear it rate sident io fit himself for God; and giving the as the impeachment of his majesiy's humour.- Jury thanks for their pairs and care they had There are likewise two thin's concerning niy of his inajesty's honour; the court rose. sell, which I desire all hiell understand. lle was by order from court detain d a priFirst, That I had no aim at the alteration of soner för some time; and afterwards mave iz Religion, or to bring in a Toleration, or wat sort of prisoner at lirge: till at last, in consis you will term it, by the writing of timi letter: dertion of his submissive behaviour, and ile but inerely a policie course, as I have said, sufferings hie bad undergone; the hing 1''s which, as a natural man, I conceived might fur- pleased to pardun hiin, and to restore his blood Ilier bis majesty's right. And this I prote:t to
and estate. * be true, as I shall answer God in the Day of Judgmeat, when the secrets of all hearts shall * His son was tried for a Libel in the followbe disclosed.- Next, I would have no man thinking reign. See A. D. 1634.
89. The Case of PROCLANATIONS. Nich. S JAMES I. A. D. 1610.
[12 Coke's Reports, 74.] MEMORANDUM, that upon Thursday, 20 1 about London, &c. the other, if the king may Sept. Regis Jacolii, I was sent for to attend the prohibit the making of starch of wheat; and bord chancellor, loud treasure, lord privy se id, the lord treasurer said, that these were preferand the chancellor of the duchy, there being red to the king as grievances, and against the present the attorney, the solicitor, and record law and justice: and the king hath answered, er: and two cuestions were mored to me by that he will coafer with his privy council, and the lord treasurer ; the one, if the king by his bis judges, and then he will do right to them. proclamation may prohibit new buildings in and to which I answered, that these questions
were of great importance. 2. That they con- 36, &c. 31 II. 8, cap. 8, bic infra: also the cerned the answer of tie king to the body, viz. king cannot create any offence by his prohibito the commons of the house of parliament. tion or proclamation, which was not an offence 3. That I did not hear of these questions until before, for that was to change the law, and to this morning at nine of the clock; for the grieva nake an oilence which was not; for ubi non ances were preferred, and the answer made" est lex, ibi non est transgressio :' ergo, that when I was in my circuit. And lastly, both which cannot be punished without proclamation, the Proclamations, wbich now were shewed, cannot be punished with it. The le stat. 31 were promulgated, auno 5 Jac. after my time of llen. 3, cap. 8, which act gives more power to attorneyship: and for these reis:ns I did bum the king than he had before, and yet there it is bly desire them that I might have conference declared, thit proclamations shall not alter the with my bretiiren the judges about the ansiver law, statutes, or customs of the realm, or imof the king, and then to make an advined an- peach any in his inheritance, goods, body, Lite, swer according to law and reason. To which &c. But if a man should be indicted for a the lord chancellor said, that every precedent contempt against a proclamation be shall be had first a commencement, and that he would fined and inprisoned, and so impeachei in bis advise the judges to maintain the power and body and goods. Tide Fortescue, cap. I, 18, prerogative of the king; and in cases in which 34, 36, 37, &c. There is no anthority and precedent, to leave it But a thing which is punishable by the law, to the king to order in i:, according to his wis- by line, and imi risonment, if the king probibit dom, and for the good of his subjects, or other it by his proclamation, before that he will per wise the king would be no more than the duke nisti it, and so warn his sůl jects of the peril of of l'euice: and that the king was so much re- it, there if he permit it alier, this as a circumstrained in luis prerogative, that it was to be stance aggravates the offence; but he by profeared the bonds would be broken: and the clamation cannot make a thing unl.zwsiul, which lord privy seal said, that the physician was net was permitted by the law before : and this was always bound 10 a precedent, but to apply his well proved by the ancient and continual formes anerdicine according to the quility of the dis- of indictmenis, for all indietments conclude, ease: and all concluded that it should be be contra lerem et consuetudinem Angliæ, or cesty at that time to confirm the king's pre contra leges ei statuta, &c.' But never was rogauve with our opinions, although that there scen any indictment to conclude contra regiam were not any former precedent or authority in proclamationem.' Jaw; for erery precedent ought to have a com So in all cases the king out of his providence, mencement.
and to prevent dangers, which it will be too To which I answe
werell, that true it is that late to prevent afierwards, he may prohibic overy precedent bath a commencement; but thein before, which will aggravate the ofence when authority anti precedent is wanting, there if it be ati erwards commit'ed: and as it is a is necd of great consideration, before that any grand prerogative of the king to make proclathing of nuvelty shall be established, and tó mation, for no subject can make it without auprovide that this be not against the law of the thority from the king, or lawful custom, upom land: for I said, that the hing cannot change pain of fine and imprisonment, as it is held in any part of the common l:lv, nor create any the 22 11. 8, Procl. B. But we do find divers offence by his proclamatin, which was not an precedents of prockmations which are uiterly offence Lefore, without parliament. But at against law and reaso!1, and for that void; for this time I only desired to have a time of con qua contra rationem juris introducta sunt, sideration and conference with my brothers, for non debent trabi in consequentiam.' • deliberandum est diu, quud statuenduin est An act was maule, by which foreigners were
seinel;' to which the solicitor said, that divers licensed to mererandize within London ; H. 4, se:stences were given in the Star-chamber upon by proclamation prohibited the execution of it; the proclamation against building; and that i and that it should be in suspence “ usque ad myself had given sentence in diverscases for the proximuni parliament', which was against law. said proclamation : to which I answered, that Vide dors. 01.111). 8 11. 4. Proclamation in Lonprecedents were to be seen, and consideration don. But 9 11. 4, an act of parliament was to be had of this upon conference with my bre made, that all ile Irish people should depart thren, for that inelius est recuri ere, quam te realm, and go into Ireland before the feast
male currere;' and that indictments conclude, of the Nativity of the blessed Lully, upon pain . contra leges et statutar,' but I never heard of deathi, which was absolutely in icrrorim, and an indictment to conclude, 'contra regiam was utterly against the low. proclamationen.' At last my inution was Hollinished 729. anno Domini 1546, 37 II. allowed, and the lords appointed the two chiel 3, the whore houses, called the stews, were supe justices, ciniet baron, and baron Altham to pressed by proclamation and sound of crude have consideration of i.
Nute, the king by his proclamation, or In the rome term it was resolved by the two other ways,'cannot change any part of the chief justices, chiet baron, and baron Altham, common law, or statute law, or the cus upon conference betwixt the lords of the privy toms of the realm, 11 11. 4, 37. Fortescue De council and them, that the king by bis prockiJaudibus Angliæ legiunil, ca 9, 18 Ed. 4, 35, maliit cannot create any offence which was