seate. But this last point, for placing of a stranger, will, perchaunce, be denied; then note, that, in the whole course of the practise, the greatest barre to the prosecution of the enterprise was, they found no way how to put the Scottish Queene in safetie. Then, if these dangerous treasons be discouered by torture, the onely meanes left vnto princes to discouer treasons and attemptes against their states and persons, where they finde apparant matter to induce suspition, as in the case of Throckmorton, vpon sight of the plottes of hauens, &c.-, may the law touch the traitour, or not? If any man holde this question negatiuely, 'holde him for a friend to traitours and treasons, and an enemie to the Queene's Maiestie, whome God long preserue, and confound her enemies.

TREASON.

PRETENDED AGAINST

THE KING OF SCOTS,

BY CERTAINE

LORDES AND GENTLEMEN,

Whose Names hereafter followe.

With a Declaration of the Kinges Maiesties Intention to his last Acts of

Parliament:

Which openeth fully in Effect all the saide Conspiracy.

OUT OF SKOTTISH INTO ENGLISH.

Imprinted at London, for Thomas Nelson, and are to be solde at the West Ende of Paules. 1585. Black Letter, octavo, containing twenty-four Pages.

The Coppie of a Letter sent from a Gentleman in Scotland, to a Frend of his in England, touching the Conspiracie against the Kinges Maiestie.

My approued Friend, T, S.

THE

HERE hath beene lately secret practising against the Kinges Ma iestie of Scotland. But time serueth not nowe to set down the maner of their proceeding in the said attempt: I haue here sent to you the Kinges declaration to his last acts of parliament, and, for breuitie, haue set downe the names of the conspirators, which are as followeth. And thus, in hope you will accept my good will, I commit you to the Almightie. From Edenbrough, this 20 of Februarie, 1585.

Yours, Christopher Studley.

The Lord of Don Whasell.

The Lord of Dunkrith.

The Lord of Baythkicte.

Robert Hamelton of Ynehmachan.

M. Iames Sterling.

These wer apprehended at the Kinges court.

John Hoppignell of the Mores, apprehended at his owne house, by the captaine of the Kinges garde.

The Lord Keir and Lord Maius apprehended, with other gentlemen, about Sterling.

The Lord Blaketer and Georg Douglasse are sommoned to the court, upon suspition.

The Lord Don Whasell

The Lord Maius

}

executed.

The treason discouèred by Robert Hamelton.

The Kinges Maiesties Declaration of his Acts confirmed in Parliament.

FORASMVCH as there is some euil affected men that goeth about, so farre as in them lieth, to invent lies and tales to slaunder and impaire the Kinges Maiesties fame and honour, and to raise reportes as if his Maiestie had declined to Papistrie, and that he had made many actes to abolish the free passage of the gospel, good order and discipline in the church: Which bruites are mainteined by rebellious subiects, who would gladly couer their seditious enterprises vnder pretense of religion, albeit there can be no godly religion in such as raiseth rebellion to disquiet the state of their natiue soueraigne, and periuredly doeth stand against the othe, band, and obligation of their faith, whereunto they haue sworne and subscribed; therefore, that his Maiesties faithfull subiects be not abused with such slanderous reportes, and his Highnesse good affectionated friends in other countries may understand the veritie of his vpright intention, his Highnesse hath commaunded this briefe declaration of certaine of his Maiesties acts of parliament holden in May, 1584, to be published and imprinted, to the effect, that the indirect practises of such, as slaunder his Maiestie and his lawes, may be detected and discouered.

IN the first acte his Maiestie ratifies and approues the true profession of the gospell, sincere preaching of the worde, and administration of the sacraments, presently by the goodnes of God established within this realme, and alloweth of the confession of faith set downe by acte of parliament, the first yeere of his Maiesties raigne. Likewise, his Highnesse not onely professeth the same in all sinceritie, but, praysed be God, is come to that ripenesse of iudgement, by reading and hearing the worde of God, that his Highnesse is able to conuince and ouerthrowe by the doctrine of the prophets and apostles, the most learned of the contrary sect of the aduersaries: So that, as Plato affirmeth, that commonwealth to be most happy, wherein a philosopher raigneth, or he that raigneth is a philosopher: We may much more esteeme this countrey of

Scotland to be fortunate, wherein our King is a diuine, and whose heart is replenished with the knowledge of the heauenly philosophy, for the comfort not onely of his good subiects and friends in other countreys, but of them that professeth the gospell euery where, he beyng a King of great wisedome, and, by his birthright, borne to great possessions, but much more his Highnesse, vertue, godlinesse, and learnyng, and daily increase of all heauenly sciences, doth promise and assure him of the mighty protection of God, and fauour of all them that fear his holy

name.

IN the second acte his Maiesties royal authority ouer all estates, both spirituall and temporall, is confirmed: Which acte, some of malice, and other some of ignorance, doth traduce, as if his Maiestie pretended to be called the Head of the Church; a name which his Maiestie acknowledgeth to be proper and peculiar to the Sonne of God, the Sauiour of the World, who is the head, and bestoweth life spiritual vpon the members of his misticall body; and he, hauyng receiued the Holy Spirite in all aboundance, maketh every one of the faithfull pertakers thereof, according to the measure of faith bestowed vpon them. Of the which number of the faithfull vnder the head Christ, his Maiestie acknowledgeth himselfe to be a member, baptised in his name, pertaker of the mysterie of the crosse and holy communion, and attending with the faithfull for the comming of the Lord, and the finall restitution of Gods elect. And notwithstanding his Maiestie surely vnderstandeth by the scriptures, that he is the chief and principall member appointed by the lawe of God, to see God glorified, vice punished, and vertue maintained within his realme, and the soueraigne judgement for a godly quietnesse and order in the commonwealth, to appertaine to his Highnesse care and solicitude. Which power and authoritie of his Highnesse, certaine ministers being called before his Maiestie for their seditious and factious sermons in stirring up of the people to rebellion against their natiue King (by the instigation of sundry vnquiet spirites) would in no wyse acknowledge but disclaime his Maiesties authoritie as an incompetent iudge; and specially one called M. Andrew Meluile, an ambitious man, of a salt and fiery humour, vsurping the pulpit of Sandroyes, without any lawfull callyng, and priuie at that tyme to certaine conspiracies attempted against his Maiestie and crowne, went about, in a sermon vpon a Sunday, to inflame the hearts of the people, by odious comparisons of his Maiesties progenitours and counsaile, albeit the duetie of a faithfull preacher of the gospell be rather to exhort the people to the obedience of their natiue King, and not by popular sermons (which hath been the euersion and decay of great cities and commonwealths, and hath greatly, in times past, bred disquietnesse to the state thereby) to trouble and perturbe the countrey. The sayd M. Andrew, beyng called before his Highnesse, presumptuously answered, that he would not be iudged by the King and counsaile, because he had spoken the same in pulpit, which pulpit, in effect, he alleged to be exempted from the judgement and correction of Princes, as if that holy place sanctified to the word of God, and to the breaking of the bread of life, might be any colour to any sedition in worde or deede, against the lawfull authoritie,

without punishment. Alwaies his Maiestie, beyng of himselfe a most gratious prince, was not willing to haue vsed any rigour against the saide Maister Andrew, if he had humbly submitted himselfe, acknowledged his offence, and craued pardon; who, notwithstanding, afraid of his owne guiltines, beyng priuie to diuers conspiracies before, fled out of the realme, whose naughty and presumptuous refusing of his Highnesse judgement was the occasion of the making of this seconde acte, videlicet, That none should decline from his Highnesse authoritie, in respect that the common prouerbe beareth, Ex malis moribus bonæ leges natæ sunt ; that is, of euill maners good lawes proceede. And in verie deede it wanteth not any right intollerable arrogancy, in any subiect called before his Prince, professing and aucthorising the same truth, to disclaime his authoritie, neither doe the prophets, apostles, nor others, conducted by the Spirite of Cod, minister the like example; for it is a great errour to affirme, as many doe, that princes and magistrates haue onely power to take order in ciuill affaires, and that ecclesiasticall matters doth onely belong to the ministerie. By which meanes the Pope of Rome hath exempt himselfe and all his clergie, from all judgements of Princes, and hath made himself to be iudge of iudges, and to be iudged of no man; whereas, by the contrarie, not onely by the examples of the godly gouernors, iudges, and kings of the Old Testament, but also by the New Testament, and the whole history of the primitiue church, in the which the emperors, beyng iudges ouer the Bishop of Rome, deposed them from their seates, appointed iudges to decide and determine in causes ecclesiasticall, and chalenge innocent men, as Athanasius, from the determi nation of the councell holden at Tyrus, and, by infinite good reasons, which shall be set downe, by the grace of God, in another seuerall worke, shall be sufficiently prooued and verified. But this appeareth, at this present, to be an vntimely and vnprofitable question, which hath no ground upon their part, but of the preposterous imitation of the pretended iurisdiction of the Pope of Rome, For, if there were any question in this land of heresie, whereby the profound mysteries of the scriptures behooued to be searched foorth, his Maiestie would vse the same remedy, as most expedient, which the most godly emperours hath vsed: And his Maiestie, following their example, would alow the coun cell of learned pastours, that, by conference of scriptures, the veritie might be opened, and heresie repressed. But, God be thanked, we haue no such controuersies in this land, neither hath any heresie taken any deepe roote in the countrey, but that certaine of the ministerie, ioyning themselues to rebels, hath traueled to disquiet the state with such questions, that the people might embrace any sinister opinion of his Maiesties vpright proceedings, and factions might be nourished and entertained in the countrey. Neither is it his Maiesties meaning nor intention, in any sort, to take away the lawfull and ordinarie iudgement in the church, whereby discipline and good order might decay, but rather to preserue, maintaine, and increase the same. And as there is in the realme, iustices, constables, shirifes, provosts, baylifes, and other judges in temporall matters; so his Maiestie aloweth, that all things might be done in order, and a godly quietnes may be preserued in the whole estate, the sinodall assemblies by the bishops, or commissioners,

where the place was vsed, to be conuenient, twise in the yeere, to haue the ordinary trial of matters belonging to the ministery and their estate; alwaies reseruing to his Highnesse, that, if thei, or any of them, doe amisse, neglect their duetie, disquiet the estate, or offend in any such maner and sort, that they in no wayes pretend that immunitie, priuiledge, and exemption, which onely was inuented by the Popes of Rome, to tread vnder foote the scepters of princes, and to establish an ecclesiasticall tyranny within this countrey, vnder pretence of new inuented presbyters, which neither should answer to the King, nor Bishop vnder his Maiestie, but should haue such infinite iurisdiction, as neither the lawe of God nor man can tollerate. Which is onely his Maiesties intention to represse, and not to take away any godly or due order in the church, as hereafter shall appeare.

THE third acte of his Maiesties foresaide parliament dischargeth all judgements ecclesiasticall, and all assemblies which are not allowed by his Maiestie in parliament; which acte especially concerneth the remouing and discharging of that forme inuented in this land, called Presbyterie; wherin a number of ministers of certeine precinct and boundes, accounting themselues to be equal, without any difference, and gathering vnto them certeine gentlemen, and others of his Maiesties subiects, vsurpe all the whole ecclesiasticall iurisdiction, and altereth the lawes at their owne pleasure, without the knowledge and approbation of the King or the estate: A forme of doing without example of any nation, subiect to a Christian Prince: The peril whereof did so increase, that, in case it had not beene repressed in due season, and forbidden by his Maiesties lawes, the same had troubled the whole countrey. And, beyng tried, by his Highnesse, to be the ouerthrow of his Maiesties estate, the decay of his crowne, and a ready introduction to anababtistrie, and popular confusion, in all estates, his Maiestie hath giuen commaundement against the same. And, that the reader may vnderstand the daunger thereof, by many inconueniences which, thereby, ensueth in this lande, I will onely set downe one, whereby they may vnderstand what peril was in the rest. The embassadour of Fraunce, returning home vnto his owne countrey, commaunded the prouost, bayliffes, and counsaile of Edenbrough, to make him a banquet, that he might be receiued honourably, according to the amitie of auncient times betweene the two nations. This commaund was giuen on the Saturday by his Highnesse, and the banquet appointed to be on the Monday. A number of the foresaide pretended presbyterie, vnderstanding thereof, assembled themselues on Sonday in the morning, and presumptuously determined and agreed, that the ministers of Edenbrough should proclaime a fasting vppon the same Monday, where three seuerall ministers, one after another, made three seuerall sermons, inuectiues against the prouost, bayliffes, and counsaile for the time, and the noble men in the countrey, who repaired to the banquet at his Maiesties commaund. The foresaide presbyterie called and perswaded them, and scarsly, by his Maiesties. authoritie, could be witholden from excommunicating the saide magistrates and noble men, for obeying onely his Highnes lawfull commaund, which the law of all countreys, called Ius Gentium, requires towards