populous kingdome) that haue done long an 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 Scotlaud, and as it were caste off, all his ould and worthie seruants. many hundred yecres, and in many things are yet still; and yet let vnion and loue increase amongst vs, enen in secula seculorum. Let vs not be such as St. Bernard noteth, amant quod 'non decet, timent quod non oportet, dolent vanè, gaudent vanius.' And let vs no longer make question, whether seuerall lawes and customes bee markes of seperation and dis-vuion, or of seuerall allegeances; for certainely they are not. 6 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 tall hereafter? And if these noble and worthie gentlemen of Scotland, I meane the Antenati, be louingly and brotherly entertained amongst vs, with mutuall loue 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 beguine) no doubt God | tia remota (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 kinges 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 breede discord and dissention, I will not spcake. Let cuery wise man consider it well: for, 'hu'mana consilia castigantur vbi cœlestibus se 'præferunt. And remember St. Paules caution, 'si inuicem mordetis, videte ne ab inuicem 'consumamini.' And for the resemblance that hath bin made of this case of Postaati, 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 cutie, and the cloth marred. And this cutting in this our case, is, to cutte all aswell in length as in breadth, euen though all the kinges dominions; and so will rent asunder the whole frame of the vaion, and cut in peeces all the threeds of allegeance. 6 for such prophets, let the prophet Ezechiel, ca. 13. answer them, væ prophetis insipientibus, qui sequuntur spiritum suum, et nibil vident.' And the prophet Esay speaketh to all such with an other va, 6 væ illis qui dispergunt.' 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 Scotland, are in reason, and by the common lawe of England, naturall-borne subjects within the allegeance of the king of England; and inhabled to purchase and haue free-hould and inheritance of lands in England; and to bring reall actions for the same in England. But now I will aske this question: how long shall this suspition and doubt continue? Shall there bee a dis-vnion for euer? If it be saied, un, but vntill the lawes and customes of both king domes bee made one and the same: then I aske; how, and when that shall be done? and it may For, if they haue not this benefit by this blessbec, that the constitutions of the countries bee ed and happie vnion, then are they in no better such as there can bardely in all things bee such case in England, than the king of Spaines suban absolute and perfect reconciling or vniting of iects borne in Spaine, &c. And so by this vnion lawes as is fancied. Is it yet so betweene Eng- they have gotten nothing: what they haue lost land and Wales, or betweene Kent and Corne-justice Yeluerton did well note. wall, 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 | 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 euidences 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.] * GEORGE SPROT, a notary, inhabiting at Ay-in any speeches touching the purpose of Padua. mouth, 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 Examinatious, 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 : 6 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 taking pastime on the sea, in such fair sum'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 necessaries 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 jocosè, 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 doue, 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 carnest with your brother, that he be not rash '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.' 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. 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 Parasceve 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, on 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 Gowrie 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, baving 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 same with his blood. And farther, being demanded, 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 reexamined, 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 he acknowledgeth his grievous offences to God (who hath made him a reasonable creature) in abusing his holy Name with many 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 make a Prayer, whereby he might be comforted now in his trouble; which was done: the said Deponer, with many tears after the Prayer, affirmed this his Deposition to be true; and for the confirmation thereof, declared, that he would seal the same with his blood. yea, Machiavellian massacring of our dear friends, howbeit it should be, to venture and hazard life, lands and all other thing 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 in any speeches touching the purpose of Padua.' And a certain space after the execution of the aforesaid Treason, the said Robert Logan of Restalrig, having desired the laird of Bour to deliver him the aforesaid Letter, or else to burn it; and Bour having given to you all Tickets and Letters, which he then had either concerning Restalrig, or others, to see the same, because he could not read himself; you abstracted the above-written Letter, and reteined the same in your own hands, and divers tines read it, conteining farther in substance nor is formerly set down, according to the words fol And the next day thereafter, being the 12th of the aforesaid month of August, upon the aforesaid Confession, the said George was brought forth and presented in Judgment upon Pannel, within the Tolbooth of Edinburgh, before sir Wm. Hart of Preston, his majesty's Justice, and there in a fenced Court holden by him that day, assisted by the honourable persons following, his assessors in that errand: they are to say, Alexander earl of Dunfermling, lord chancellor, George earl of Dunbar, treasurer, John abp. of Glascow, David bp. of Rosse, Gawin bp. of Galloway, Andrew bp. of Brechine, David earl of Crawford, Mark earl of Lothiane, John lord Abirnethy of Saltoun, James lord of Balmerinoth, secretary, Walter lord Blantyre, John lord Hally rudehouse, Mich-lowing: ael lord Burley, sir Rd. Cokburne of Clarkintoun, kt. Mr. John Preston of Fenton Barnes, collector-general, sir John Skeyne of Curihil, knight, clerk of register: was delated, ac cursed, and pursued by sir Tho. Hamilton of Binning, knight, advocate to our sovereign lord for his highness's entries, of the Crimes contained in his Indictment, produced by the said Advocate; whereof the Tenour followeth: George Sprot, notary in Ayemouth, You are indicted and accused, forsomuch as John, sometime earl of Gowrie, having most cruelly, detestably, and treasonably conspired in the month of July, the year of God 1600 years, to murder our dear and most gracious sovereign the king's most excellent majesty: and having imparted that devilish purpose to Robert Logan of Restalrig, who allowed of the same, and most willingly and readily undertook to be partaker thereof: The same coming to your knowledge at the times and in the manner particularly after specified, you most unnaturally, maliciously, and treasonably concealed the same, and was art and part thereof in manner following. In the first, in the said mouth of July 1600 years, after you had perceived and known, that divers Letters and Messages had past betwixt the said sometime earl of Gowrie, and the said Robert Logan of Restalrig, you being in the house of Fast-Castle, you saw and read a Letter written by the said Robert Logan of Restalrig, with his own hand, to the said John, sometime earl of Gowrie, of the tenour following: My Lord, my most humble duty and ser'vice heartily remembered. At the receipt of 'your lordship's Letter I am so comforted, that I can neither utter my joy, nor find myself sufficiently able to requite your lordship with due thanks. And persuade your lordship in that matter, I shall be as forward for your lordships honour, as if it were mine own cause. And I think there is no living Christian that would not be content to revenge that 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 ineet to have the men your lordship spake of, ready in a boat or bark, and address them as if they were taking pastime on the sea, in such fair summer 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 necessaries as may serve for your lordship's arrival, within a flight-shot of the house. And persuade 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 have word within 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 resolved, whereof your lordship shall not doubt, of any thing on my part, yca to peril life, land, honour and goods; yea, the hazard of hell shall not affray me from that, yea, although the scaffold were already set up. The sooner the matter were done, it were the better; for the king's buck-hunting will be shortly; and I hope it shall prepare some dainty cheer for us to dine against the next < year. I remember well, my lord, and I will 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 Parascere 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, on 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 persuade your lordship to give him trust in this matter as to myself. But I pray your lord-derlic and suffer the sentence and pain of ship 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 the said Robert Logan his own band, was subscribed by him after his accustomed manner, with this word, Restalrig. And albeit by the contents of the aforesaid Letter, you knew perfectly the truth of the said most treasonable Conspiracy, and the said Robert Logan of Restalrig, his foreknowledge, allowance, and guiltiness thereof; like as you were assured of the same by his receiving of divers Letters sent by Gowrie to him, and by his sending Letters to Gowrie for the same purpose, and by sundry Conferences betwixt the said Robert Logane of Restalrig, and the said James Bour in your presence and hearing concerning the said Treason, as well in the said month of July immediately preceding the attempting of the said Treason, as at divers other times shortly thereafter, as likewise by the revealing thereof to you by the said James Bour, who was upon the knowledge and device of the said Treason, and was employed as ordinary messenger by the said Robert Logan of Restalrig, to the said sometime earl of Gowrie, in the traffick of the said damnable Treason, whereby your knowledge, concealing and guiltiness of the said Treason was undeniable: yet, for further manifestation thereof, about July 1602 years, the said R. Logan of Restalrig shewed to you that Bour had told him, that be had been somewhat rash to let you see a Letter which came from the earl of Gowrie to the said Robert Logan of Restalrig, who then urged you to tell what you understood by that Letter. To whom you answered, That you took the meaning of it to be, that he had been upon the counsel and purpose of Gowrie's Conspiracy. And he answered you, Whatever he had done, the worst was his own: but if you would swear to him, that you should never reveal any thing of that matter to any person, he should be the best sight that ever you saw; and in token of farther recompense he then gave you twelve pound of silver. Nevertheless, albeit you knew perfectly the whole practices and progress of the said Treason, from the beginning thereof as said is, as well by the sight of the said Letters, as also by your Conferences with the said James Bour, called Laird Bour, and Robert Logan of Restalrig; yet during all the days of their life-time, who lived till the year of God 1606 years, or thereby, and so by the space of six years after that, you knew the guiltiness of the treasonable Conspiracy aforesaid, you most treasonably concealed the same; and so you was and is art and part of the said most heinous, detestable and treasonable Conspiracy, and of the knowledge and concealing thereof; and therefore you ought and should incur, unHigh-Treason. To the token, that ye have not only by your Depositions subscribed with your baud, and solemnly made in presence of any of the lords of his majesty's Council, and of the ministers of the Borough of Edinburgh, of the dates, the 5th, 15th and 16th days of July last by-past, and 10th and 11th days of August instant, confessed every head, point, and article of the Indictment above written, but also, by divers other your Depositions sub-cribed likewise with your hand, you have ratifice the same, and sworn constantly to abide thereat, and to seal the same with your blood, which you cannot deny. Which Indictment being read openly in jud ment to the said George Sprot, before he was put to the knowledge of an inquest, e coníessed in the presence of the said Lord Justice and whole Assessors above-named, the same and every point thereof to be true and of verity. And therefore the justice ordained the same Indictment to be put to the knowledge" of a condign Inquest of the honest, famous and Jiscreet persons under-written. They are to say say: Wm. Trumbill of Ardre, Wm. Fisher, Merchant, Burgess of Edinburgh. Robert Stuart, there, Edward Jonston, Merchant, Burgess there, Harbert Maxwell of Cavens, James Tennent of Linhouse, Wm. Trombill, Burgess of Edinburgh, Joim ¡ucheson, Merchant, Burgess of Edinburgh, Jonu Leyis, Merchant Burgess there, James Some.vell, Merchent, Burgess there, Wm. Simitour, Burgess there, John Cunnison in Diriton, Thomas Smith, Merchant, Burgess of Edinburgh, J.Cowtis, Burgess there, and G. Brow. in Gorgymill. Which persons of Inquest being chosen, sworn and admitted, after the Accusation of the said George Sprot, before them, of the said treasonable, heinous, and detestable Crimes conteined in the Indictment aforesaid, and reading of the said Indictment of new again in us and their presence; the said George Spot of new confessed in the audience of the said Inquest the aforesaid Indictment, and every point thereof, to be true and of verity. Whereupon the said sir Thomas Hamilton of Binning, kat, his majesty's advocate, as before, asked Act and Instrument: and in respect thereof protested, in case the said Inquest cleansed him of the said |