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and of faith and allegeance due to the crowne, and to the kingdome (which is the onely basis and fundamentall maine reason to disable the plaintife, and all Post-nati) there follow too many grosse, and fowle absurdities, whereof I will touch some few, and so conclude, that in lawe and reason this subtile, but absurd and dangerous distinction, ought not to be allowed. ―This bond of allegeance, whereof wee dispute, is vinculum fidei; it bindeth the soule and conscience of every subiect senerally and respectiuely, to be faithfull and obedient to the king: and as a soule or conscience cannot bee framed by policie; so faith and allegeance cannot bee framed by policie, nor put into a politike bodie. An oath must be sworne by a naturall bodie; Homage and fealtie must be done by a naturall bodie, a politike body cannot doc it.

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nati in England and Scotland. And the incon-
uenience of this imaginary local allegeance
hath beene so lately, and so fully declared by
the lorde chete iustice Coke, as more needes
not bee saied in it.-In some speciall cases
there sometime may bee a king of subiects
without land in possession, as rustice Fenner
noted in the gouernement which Moses had
ouer the people of Israel in the wildernesse;
and as in the case which sir John Popham the
late lord chiefe iustice did put in the parlia-
nient. If a king and his subjects bee driuen
out of his kingdome by his enemies, yet not-
withstanding lee continueth still king oner
those subjects, and they are still bound vnto
him by their bond of allegeance, wheresoeuer
he and they bee.
But there can not bee a
king of land without subiects: for, that were
but imperium in belluas,' and 'rex et sub-
• diti sunt relatiua.'

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I saied there was an other generall 1ule for expounding of lawes, which I reserued to bee last spoken of. I will now but touch it; for, [ will not stand to examine by humane reasons whether kings were before lawes, or lawes before kinges; nor how kings were first ordain

Now then, since there is but one king, and soueraigne, to whome this faith and allegeance is due by all his subiects of England and Scotland, can any humane policie diuide this one king, and make him two kings? Can cor regis Anglia' be in manu Domini,' and ' cor regis 'Scotia' not so? Can there bee warres betweene the king of England and the king of Scotland, or betweene the kingdomue of Eng-ed: nor whether the kings or the people did land and the kingdome of Scotland, so long as first make lawes; nor the seueral constitutions there is but one king? Can the king of England and frames of states and common-weales: nor now send an army roial into Scotland against what Plato or Aristotle haue written of this the king of Scotland? Can there bee any letters argument. They were men of singular learnof marke or reprisall now graunted by the king ing and wisedome; but wee must consider the of England, against the subiects of the king of time, and the countrie, in which they liued, Scotland? Can there bee any protections now, and in all their great learning they lacked the quia profecturus in exercitu lacobi regis An- true learning of the knowledge of God. They gliæ in Scotiam? Nay shortly, can any man were borne and lived in Greece, and in popular bee a true subiect to king James as king of states: they were enemies, or at least mislikers. England, and a traitor or rebell to king lames of all monarchies; yet one of them disdained as king of Scotland? Shall a foote breadth, or not to bee a seruant or mercenarie hireling to an inch breadth of ground, make a difference a monarch. They accompted all the world of, birth-right of subiects borne vnder one king; barbarous, but their owne countrey of Greece: nay, where there are not any certen bounds or their opinions therefore are no canons to give limites knowne at all, but an imaginarie parti- | lawes to kinges and kingdomes, no more than tion wall, by a conccipted fiction in lawe? It is sir Thomas Moores Vtopia, or such pamphlets enough to propound these and such like ques- as wee have at euerie marte. tions, whereof many more might be remembred: they carry a sufficient and plaine answeare in themselues: magis docet qui prudenter interrogat.'

As the king nor his heart cannot bee diuided, for he is one entire king ouer all his subiectes, in which soeuer of his kingdomes or dominions they were borne, so hee must not bee serued nor obeyed by halues; he must haue intire and perfect obedience of his subjects: for "ligientia' (as baron Heroa saied well) must haue foure qualities; it must bee' 1. pura et simplex: 2. integra et solida: S. vniuersalis non localis: 4. permanens, continua, et illæsa.' Diuide a man's heart, and you lose both parts of it, and make no heart at all; so he that is not an intire subiect, but half faced, is no subiect at all: and hee, that is Lorn an intite and perfect subiect, ought by reason and lawe to haue all the freedomes, priuiledges, and be befites pertaining to his birth-right in all the kinges dominions: and such are all the Post

I beleeue him that saieth, 'per me reges regnant, et principes iusta decernunt;' [Prou. c. 3.] and I inake no doubt, but that as God ordained kings, and hath giuen lawes to kings themselues, so hee hath authorized and given power to kings to giue lawes to their subiects; and so kings did first make lawes, and then ruled by their lawes, and altered and changed their lawes from time to time, as they sawe occasion, for the good of themselves, and their subjects-And this power they haue from God Almighty; for, as saint Augustine saiethin hoc reges Deo seruiunt sicut eis diuinitus præcipitur, in quantum sunt regés, si in suo regno bona iubeant, mala prohibeant, non solum quæ pertinent ad humanam societatem, verumetiam quæ ad diuinam religionem.'

And I hould Thomas Aquinas his opinion to be good, ex solutus a legibus quoad vim coactiuam, subditus est legibus quoad vim directiuam propria voluntate.' And for this opinion there is a stronger authoritie, euen from

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And as I may not forget saint Augustines words, which are these; generale pactum est 'societatis humanæ regibus suis obtemperare :' so I may not wrong the judges of the common lawe of England so much as to suffer an imputation to bee cast vpou them, that they, or the common lawe doe not attribute as great power and authoritie to their soueraignes the kinges of England, as the Romane lawes did to their emperours: (a) for, Bracton, the chiefe justice in the time of king Henry the 3rd, hath these direct wordes, de chartis regijs et factis ' regum, non debent, nec possunt iusticiari nec priuatæ personæ disputare. Nec etiam, 'si in illa dubitatio oriatur, possunt eain inter'pretari. Et in dubijs et obscuris, vel si aliqua 'dictio duos contineat intellectus, domini regis erit expectanda interpretatio et voluntas; cum eius sit interpretari cuius est condere.' And Britton in the tune of king Ed. 1, writeth as much in effect.

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So as now if this question seem difficult, that neither direct law, nor examples and precedents, nor application of like cases, nor discourse of reason, nor the graue opinion of the learned and reuerend judges, can resolue it, here is a true and certen rule, how both by the ciuile lawe, and the ancient common lawe of England it may and ought to be decided: that is, by sentence of the most religious, learned, and iudicious king that euer this kingdome or island had.-But this case is so cleare as this needeth not at all.-And in this I would not be mis-vnderstoode, as though I spake of making of new lawes, or of altering the lawes now standing; I meane not so, but I speake only of interpretation of the lawe in new questions and doubts, as now in this present case: neither doe I mean hereby to derogate any thing from the high court of parliament; (farre be it from my thought) it is the great councell of the kingdome, wherein euery subiect hath interest. And to speake of the constitution or

(a) This language is surely very unguarded. EDITOR.

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forme of it, or how, or when it was first begunne, is for busie questionists: it ought to bee obeyed and reuerenced, but not disputed; and it is at this time impertinent to this question.But certen it is, it hath beene the wisdome of the kinges of this realm to reserue in themselues that supreame power to call their nobles, clergie, and commons together, when they sawe great and vrgent causes; and by that great counsell to make edicts and statutes for the weale of their people, and safetie of the kingdome and state, as in anno 10 Edw. 3, the assembly at Nottingham for the great wars in France

and in anno 20 II. 3, Prouisiones Merton, which I remembred before.

There have beene made some obiections of inconueniencie,, as for bearing of scot and lot, and such other charges; and some out of frugalitie, that the king shall lose his profit of making denizens, and such like. These are so light as I leaue them to the winde; they are neither fit for parliament, nor councell, nor.

court.

Another argoment and reason against the Postnati hath beene lately made out of diffdence and mistrust, that they will come into England sans number, and so as it were to surcharge our common; and that this may be in secula seculorum. I know not well what this meanes. The nation is ancient, noble, and famous; they have many honourable and woorthie noblemen and gentlemen, and many wise and worthie men of all degrees and qualities; they haue lands and faire possessions in Scotland. Is it therefore to bee supposed, or can it in reason bee imagined, that such multitude sans number will leaue their natiue soile, and all transport themselues hither? Hath the Irish done so, or those of Wales, or of the isles of Man, Gernesey, and Iersey? We should we then suspect it now more for Scotland?

Nay, doe you suppose that the kinge of England will euer suffer so great a parte of his dominions, and so great and famous a kingdome as Scotland is to be dispeopled? It is a doubt imagined without any foundation or ground of reason. But if it were to bee doubted, the twelue iudges that haue concurred in opinion, and that late worthy judge Popham, had as great cause to feare it as any others. They are wise; they are learned; they have faire possessions and good estates; they hane posteritic to care for as others haue.-Yet, admit it bee a matter worth the doubting of, what is that to the young Postnati that are not like in many yeares to come hither in such number? Shall we vpon this causlesse feare depriue them of their lawfull birth-right? Haue wee seene in these fine yeeres past anie more of them than this one alone that haue gotten any lands in England? And this little that he hath is so small and poore a portion, that his purchase is not great, and therefore no just cause of offence to any.

Nay, if you looke vpon the Antenati, you shall iind no such confluence hither, but some few (and very few in respect of that great and

populous kingdome) that have done long and worthie seruice to his maiestie, haue, and still doe attend him, which I trust no man mislikes: for, there can bee none so simple, or childish (if they haue but common sense) as to thinke that his maiesty should haue come hither alone amongst vs, and haue left behinde him in Scotland, and as it were caste off, all his ould and worthie seruants.

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many hundred yeeres, and in many things are yet still; and yet let vnion and loue increase amongst vs, euen in secula seculorum. Let vs not be such as St. Bernard noteth, amant quod nou decet, timent quod non oportet, dolent vanè, gaudent vaniùs.' And let vs no longer make question, whether seuerall lawes and customes bee markes of seperation and dis-vnion, or of seuerall allegeances; for certainely they are not.

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One other reason remaines against these Postnati, and that is out of a prouident foresight, or as it were a prophesying: what if a seperation of these kingdomes fall hereafter?

And if these noble and worthie gentlemen of Scotland, I meane the Antenati, be louingly and brotherly entertained amongst vs, with mutu all love and beneuolence, that so we may coalescere, and be vnited together, by marriage, and otherwise (as in some particular cases wee Of this I can say but absit omen. It is potensee it already happily begunne) no doubt God tia remola (as iustice Williams saied) and I trust will blesse this vnion of both these nations, and in God remotissima: and I will euer pray to make them, and the king, and Great Britaine God that it neuer fall so, vntill the king of all to be famous through the world; and feared kingos resume all scepters and kingdomes into and redoubted of our enemics, and of all that his owne hands. And let vs take heede of sinnes wish vs ill for, vis vnita fortior, et concordia of ingratitude and disobedience; and rememmultos facit vnum.' But what may follow ber, that Adam and Eue were punished, non vpon such arguments of diffidence and suspi-propter pomum, sed propter vetitum.' And tion, which seeme but to hinder vnion, and to for such prophets, let the prophet Ezechiel, ca. breede discord and dissention, I will not speake. 13. answer them, væ prophetis insipientibus, Let euery wise man consider it well: for, hu-qui sequuntur spiritum suum, et nihil vident.' mana consilia castigantur vbi coelestibus se And the prophet Esay speaketh to all such with præferunt. And remember St. Paules cau- an other væ, væ illis qui dispergunt.' tion, 'si inuicem mordetis, videte ne ab inuicem ⚫ consumamini,'

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And for the resemblance that hath bin made of this case of Postnati, but indeed for the vnion of both kingdomes, with the houswifes cutting of her cloth by a threede, I will say but this, that if shee cut her peece of cloth in length aswell as in breadth, all the threads will be cutte, and the cloth marred. And this cutting in this our case, is, to cutte all aswell in length as in breadth, euen through all the kinges dominions; and so will rent asunder the whole frame of the vnion, and cut in peeces all the threeds of allegeance.

But now I will aske this question: how long shail this suspition and doubt continue? Shall there bee a dis-vnion for euer? If it he saied, no, but vntill the lawes and customes of both kingdomes bee made one and the same: then I aske; how, and when that shall be done? and it may bee, that the constitutions of the countries bee such as there can hardely in all things bee such an absolute and perfect reconciling or vniting of lawes as is fancied. Is it yet so betweene England and Wales, or betweene Kent and Cornewall, or betweene many other parts of this kingdome? I say no; and I speake it confidently and truely, it is not so, nor well can be so. Therefore let England and Scotland be in like degree now, as England and Wales were for

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Now then, as M, Solicitor beganne with seeking out the truth; so I will conclude with Esdras words, magna est veritas et præualet :' and with this further, eatenus rationandum donec veritas inueniatur: cùm inuenta est veritas, figendum ibi iudicium: et in victoria veritatis, soli veritatis inimici pereunt.'

THE CONCLUSION.

Thus I haue heere deliuered my concurrence in opinion with my lordes the judges, and the reasons that induce and satisfie my conscience, that Ro. Caluine, and all the Post-nati in Scotlaud, are in reason, and by the common lawe of England, naturall-borne subjects within the allegeance of the king of England; and inbabled to purchase and haue free-hould and inheritance of lands in England; and to bring reall actions for the same in England.

For, if they haue not this benefit by this blessed and happie vnion, then are they in no better case in England, than the king of Spaines subiects borne in Spaine, &c. And so by this vnion they have gotten nothing: what they haue lost iustice Yeluerton did well note.

And therefore I must giue iudgement in the Chancerie, that the defendants there ought to make direct answer to Ro. Caluines bill for the lands and evidences for which he complaines.

T. ELLESMERE, Canc.

86. The Trial of GEORGE SPROT, in Scotland, for High Treason, in conspiring with John Earl of Gowrie to murder King James I. 6 JAMES I. August 12, A. D. 1608. [Spotiswood's History of the Church of Scotland, p. 509.]

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in any speeches touching the purpose of Padua.

My lord, you may easily understand, that such a purpose as your lordship intendeth, cannot be done rashly, but with deliberation. And I think for myself, that it were most meet to haue the men your lordship spake off, ready in a boat or bark, and address them as if they were

GEORGESPROT, a notary, inhabiting at Aymouth, having given cause of suspicion by some Words which fell from him, and afterwards by some Papers found upon him, that he was privy to and acquainted with the Plotting of the late earl of Gowrie and Robert Logane, for the cruel murdering of king James, was seized and committed to prison; and after divers Exa-taking pastime on the sea, in such fair summinations, being moved with remorse of conscience for the long concealing his fore-knowledge of this Conspiracy, confesseth, declareth, and deponeth, That he knew perfectly, that Robert Logane, late of Restalrig, was privy and upon the fore-knowledge of Gowrie's treasonable Conspiracy. And for the greater assurance of his knowledge, deponeth, That he knew that there were divers Letters interchanged betwixt them, anent the treasonable purpose aforesaid, in the beginning of the month of July 1600. Which letters James Bour, called laird Bour, servitor to Restalrig, (who was imployed mediator betwixt them, and privy to all that errand) had in keeping, and shewed the same to Sprot in the place of Fast-Castle. The first of Gowrie's Letters, containing in effect as followeth :

'Good laird of Restalrig, you understand 'what Conditions should have been betwixt us, of before. Indeed I purposed to have ' come by your house, but understanding of your absence in Lothian, I came not. Always I wish you either yourself to come West, or else to send some sure messenger, who may 'confer with me anent the purpose you know. But rather would I wish yourself to come, not only for that errand but some other thing that I have to advise with you.'

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'mer-time. And if your lordship could think good, either yourself to come to my house of Fast-Castle by sea, or to send your brother, I should have the place very quiet and well provided after your lordship's advertisement, where we should have no scant of the best venison can be had in England: And no others should have access to haunt the place, during your lordship's being here, but all things very quiet. And if your lordship doubt of safe landing, I shall provide all such neces saries as may serve for your lordship's arrival, within a flight shot of the house. And per suade your lordship you shall be as sure and quiet here, while we have settled our Plot, as if you were in your own chamber: for I trust and am assured we shall hear word within a few days from them your lordship knoweth of; for I have care to see what ships comes home by. Your lordship knoweth I have kept the lord Bothwell quietly in this house in his greatest extremity, say both king and council what they liked. I hope, if all things 'come to pass, as I trust they shall, to have both your lordship and his lordship at one good dinner afore I die. Hac jocose, to animate your lordship: I doubt not, my lord, but all things shall be well. And I am re 'solved, whereof your lordship shall not doubt, of any thing on my part, yea, to peril life, land, honour and goods; yea, the hazard of My lord, my most humble duty and service 'hell shall not affray me from that, yea, alheartily remembred. At the receipt of your though the scaffold were already set up. The lordship's Letter I am so comforted, that I can 'sooner the matter were done, it were the neither utter my joy, nor find myself suffici- better, for the king's buck-hunting will be ently able to requite your lordship with due shortly; and I hope it shall prepare some thanks. And persuade your lordship in that dainty cheer for us to dine against the next matter, I shall be as forward for your lord-year. I remember well, my lord, and I will ship's honour, as if it were my own cause. And I think there is no living Christian that would not be content to revenge that Machia'vellian massacring of our dear friends; yea, 'howbeit it should be, to venture and hazard life, lands, and all other things else. My heart can bind me to take part in that matter, as your lordship shall find better proof thereof. But one thing would be done, namely, That your lordship should be circumspect and earnest with your brother, that he be not rash

To the which Letter Restalrig wrote an Answer, and sent the same to the earl of Gowrie, by the said James Bour, of the tenour following:

See No. 71, and the following articles.

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never forget so long as I live, that merry sport which your lordship's brother told me of a nobleman at Padua; for I think that a Perascere to this purpose. My lord, think nothing that I commit the secrecy hereof and credit to this bearer; for I dare not only venture my life, lands, and all other things I have else, ou his credit, but I durst hazard my soul in his keeping if it were possibly in earthly men; for I am so persuaded of his truth and fidelity. And I trow, as your lordship may ask him if it be true, he would go to Hell-Gates for me; and he is not beguiled of my part to him.

And therefore I doubt not but this will per'suade your lordship to give him trust in this matter, as to myself. But I pray your lordship direct him home with all possible haste, and give him strait command, that he take not a wink sleep while he see me again, after he come from your lordship. And as your lordship desireth in your Letter to me, either rive or burn, or else send back again with the bearer; for so is the fashion, I grant.' Which Letter, written every word with Restalrig's own hand, was subscribed by him after his accustomed manner, Restalrig,' and was sent to the earl Gowric by the said James Bour. After whose return, within five days, with a new Letter from Gowrie, he staid all night with Restalrig in Gunnes-Green, and Restalrig rode to Lothian the morn thereafter, where he staid five or six days. Then after his returning, past to Fast-Castle, where he remained a certain short space.

And farther deponeth, That he saw and heard Restalrig read the last Letter, which Bour brought back to him from Gowrie, and their conference there-anent. And heard Bour say; Sir, if ye think to make any commodity by this dealing, lay your hand to your heart. And Restalrig answered, That he would do as he thought best. And farther said to Bour, Howbeit he should sell all his own land that he had in the world, he would pass thorow with the earl of Gowrie, for that matter would give him greater contentment, nor if he had the whole kingdom; and rather or he should falsify his promise, and recall his vow that he had vowed to the earl of Gowrie, he should spend all that he had in the world, and hazard his life with his lordship. To whom Bour answered: You may do as you please, sir, but it is not my counsel, that you should be so sudden in that other matter. But for the condition of Dirlton, I would like very well of it. To whom Restalrig answered, Content yourself, I am at my wit's end.

And farther, Sprot deponeth, That he entered himself thereafter in conference with Bour, and demanded what was done betwixt the Laird and the earl of Gowrie. And Bour answered, That he believed that the Laird should get Dirlton without either gold or silver, but feared that it should be as dear unto him, And Sprot inquiring how that could be; Bour said, They had another pie in hand, nor the selling of any land; but prayed Sprot, for God's sake, that he would let be, and not trouble himself with the laird's business; for he feared, within few days, the laird would be either land-less or life-less.

And the said George Sprot being demanded, if this his Deposition was true, as he would answer upon the Salvation and Condemnation of his Soul; and if he will go to death with it, seeing he knoweth the time and hour of his death to approach very near; deponeth for Answer, That he hath not a desire to live, and

* A house of Restlarig's.

that he knows the time to be short, having care of no earthly thing, but only for clearing of his conscience in the truth of all these things, to his own shame before the world, and to the honour of God, and safety of his own soul; that all the former points and circumstances, contained in this his Deposition, with the Deposition made by him the 5th of July last, and the whole remanant Depositions made by him sen that day are true, which he will take on his conscience, and as he hopeth to be saved of God, and that he would seal the saine with his

blood.

And farther, being demandel, where this above-written Letter, written by Restalrig to the earl of Gowrie, which was returned again by James Bour, is now; deponeth, That he abstracted it quietly from Bour, in looking over and reading Bour's Letters, which he had in keeping of Restalrig's; and that he left the above-written Letter in his chest among his Writings, when he was taken and brought away, and that it is closed and folded within a piece of paper.

This aforesaid Deposition was made by him the 10th of August 1608, written by James Primerose, clerk of his majesty's privy-council, and subscribed with the said George Sprot's own hand, in the presence of the earl of Dunbar, the earl of Lothiane, the bishop of Rosse, the lord Schune, the lord Halyrudehouse, the lord Blantyre, sir W. Hart, his majesty's justice, Mr. John Hall, Mr. Patrick Galoway, Mr. Peter Hewart, ministers of the Kirks of Edinburgh. Subscribed with all their Hands.

And also the 11th day of the aforesaid month and year, the said George Sprot being re examined, in the presence of a number of the council and ministers aforesaid, and it being declared to him, that the time of his death now very near approached, and that therefore they desired him to clear his conscience with an upright declaration of the truth; and that he would not abuse the Holy Name of God, to make him, as it were, a witness to untruths; and especially being desired that he would not take upon him the innocent blood of any person dead or quick, by making and forging lyes and untruths against them:

"Deponeth, That be acknowledgeth his grievous offences to God (who hath made him a reasonable creature) in abusing his holy Name with inany untruths, sen the beginning of this Process: but now being resolved to die, and attending the hour and time when it shall please God to call him, he deponeth with many attestations, and as he wisheth to be participant of the kingdom of Heaven, where he may be countable and answerable, upon the salvation and condemnation of his soul, for all his doings and speeches in this earth, that all that he hath deponed sen the 5th day of July last, in all his several Depositions, were true in every point and circumstance of the same; and that there is no untruth in any point thereof."

And having desired Mr. Patrick Galoway to

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