The Sovereign Power of Parliaments Part 4, Appendix · Part 7
Scotland.
WHat ſoveraigne power and juriſdiction the Realme, Parliaments and Nobles of Scotland have claimed and exerciſed over their Kings, (who, ſaith Buchanan, can neither make Laws, Warre, Peace, nor conclude of any great affairs of the Realm without a Parliament, which hath there, and in Hungary, Poland, Denmarke, Swethland been oft-times ſummoned, not onelyonly without, but againſt their Kings conſents;) and how frequently they have queſtioned, impriſoned, cenſured, depoſed, yea judicially ſentenced their Kings for their tyrannies, oppreſſions, whoredoms, murders, … ▪ and evill adminiſtrations, you may reade at large in George Bucanan (King James his owne Tutor) in his Booke, De Iure Regni apud Scotos, and his*p. 100, 234, 257 292, 334, 691, 704, 756, 747, 748. Rerum Scoticarum Hiſtoria. Where this their Soveraigne power i… ſo largely vindicated, debated, demonſtrated, and the chiefe objections againſt it cleared ſo abundantly, that I ſhall not adde one ſyllable to it, but preſent you with ſome Hiſtoricall examples which confirme it.
*See Io. Maior hiſt. Buchanan. Rerum Scot. l. 4. p. 100, 101. H…cter Bectius ae Rebus Scoticis Fordon. his Scoti. chrocicum Polychronicon & Fabian; Mattheus Weſtminſter. Holinſheds hiſtory of Scotland.Ferguſius the firſt King of Scotland dying, and leaving two ſons infants, unable to governe the Realme; the Scots thereupon conſidering what dangers might befall them both at home and abroad, during their infancy; at laſt concluded after much debate; and ſetled this for a ſtanding law; that when any King died leaving his ſon under age and unfit to governe, the next of their kinred, who ſhould be eſteemed fitteſt to raigne, ſhould enjoy the ſoveraigne power; and that he being dead, then the ſucceſſion of the Crowne ſhould returne to the children of the deceaſed King, being of age to rule; which Law continued conſtantly for many hundred yeeres, untill the reigne of Kenreth the third. By this Law Feritharis brother to Ferguſius abtained the Crowne and reigned fifteene yeeres with much juſtice and modeſty; after which his Nephew Ferleg deſiring to raigne, demanded his Fathers Kingdome of his Uncle, who being willing to reſigne it to him, called an aſſembly of the eſtates, made an Oration in praiſe of Ferleg profered to reſigne the Crowne unto him. But ſuch was all the aſſemblies love to Feritharis and hatred to Ferleg for this his prepoſterous affectation of the Crowne, that they deteſted the act, and denied the motion both with frownes and verball reprehentions: Whereupon Ferleg conſpired his Uncles death, which being diſcovered, they thought him worthy of death; but for Ferguſius his fathers ſake, his life was ſpared, and he onelyonly impriſoned; after which making an eſcape he fled firſt to the Picts, then to the Britous, and in the meane time Feritharis dying, by the treachery of Ferleg as was ſuſpected, Ferleg by the unanimus ſentence of all was condemned and put from his Crowne, being abſent, and his brother Mainus created King.hBuchanan, l. 4. p. 101, 102, 103, 104, 105. Dornadilla the fourth King of Scotland dying, leaving Reuther his ſonne under age and unfit to raigne, the people made Notatus his brother King; who playing the tyrant, baniſhing, murthering, and oppreſſing the people, Donald of Galloway raiſed an Army againſt him, expoſtulated with him for his tyranny, and wiſhed him to reſigne the Crown to Reuther; which he refuſing to do, and juſtifying his tyranny; hereupon Donald gave him battell, ſlew him, and made Reuther King without the peoples ſuffrages: Upon which the Nobles being offended, (becauſe the power of the Parliament was by this meanes aboliſhed, and the election of the ſupreame Magiſtrate made onelyonly by one man,) tooke up Armes both againſt Ruther and Donald, gave them battell twice in one day, and t…oke Ruther their new King priſoner: who afterwards dying and leaving There his ſonne an infant, ſcarce ten yeeres old, they, according to the Law formerly made and received in this caſe, made his unkle Ruther King; who after ſeventeene yeeres reigne voluntarily reſigned his Crowne to his Nephew There▪ in whoſe commendation he made an Oration, the people hardly permitting it. There ſoone after growing very vitious and flagitious, ſlaying the Nobles, and filling the Realme with robberies, the Governours pittying the deplo…able ſtate of the Realme, reſolved to puniſh him for it; of which he being informed, fled to the Brittains, where he ſpent his daies in contempt and ignominy, not daring to returne; Conan a prudent and diſcreet man, being elected Viceroy in the meane time, which office he held almoſt twelve yeeres till the death of There. In the reigne of Finnan the tenth King of Scotland, that the roots of tyranny might be cut off, it was decreed, That Kings ſhould command nothing of greater moment to be d…re, but by the authority of the publique Councell. Durſtus the eleventh King giving himſelfe to all deboiſtneſſe, firſt baniſhed his fathers friends from him as the troubleſome reprehenders of his pleaſures; and ſending for the moſt vitious young men to be his familiar companions, gave himſelfe wholly to luxury and venery. He proſtituted his wife, (daughter to the King of Britains) to his companions, and then baniſhed her. At laſt the Nobles conſpiring againſt him, he awaking as it were out cut of ſleepe, conſidering that he ſhould finde no place of ſafety, neither at home nor abroad, being equally hated of ſtrangers and ſubjects, thought beſt to counterfeit repentance of his former life,Notable Diſſimulation. for ſo he might retaine both his Crowne, and in time inflict puniſhments on his enemies. Wherefore recalling his wife from exile, he firſt of all endeavoured to reconcile himſelfe to the Britains: then calling the chiefeſt of his ſubjects to him, he ratified with a moſt ſolemne oath the oblivion of his former courſes; he committed every moſt wicked perſon to priſon, as if he reſerved them for puniſhment, and religiouſly promiſed, that he would doe nothing hereafter, but by the advice of his Nobles. When by theſe things he had given aſſurance of his ſincere mind, he celebrated the agreement with paſtimes, banquets, and other ſignes of publique gladneſſe: and now all mens minds being taken up with joy, he called moſt of the Nobility to a ſupper; where, when he had ſhut them up (improvident and unarmed) in one roome, ſending in his aſſaſinates, he ſlew them every one. This calamity not ſo much terrifying as exaſperating the minds of the reſt with new flames of anger, they gathered a great army together, all men conſpiring to take away this deteſted monſter; whom they ſlew in battell, together with his wicked confederates. After whoſe ſlaughter, the Nobles putting by Durſtus ſonnes, leſt they ſhould imitate their fathers vices, elected his brother Even King with unanimous conſent; who hating Durſtus his tyranny had voluntarily baniſhed himſelfe among the Picts. Even dying, leaving a baſtard ſonne called Gillo, he procured himſelfe to be elected Viceroy till a new King ſhould be choſen, and got the Kingdome confirmed to him; but yet not deeming himſelfe ſecure as long as any of Durſtus his family remained, he treacherouſly ſlew Durſtus his two eldeſt ſonnes, with all his kindred and familiars: With which the Nobles being much diſcontented, and fearing worſer things, privily raiſed an Army againſt him; who finding himſelf generally deſerted but by a few flagicious perſons, who feared puniſhment, He was forced to flie in a Fiſherboat into Ireland: whereupon the Scots created Cadvallus their Vice-roy, and after that created Even their King, who conquering Gillo in Ireland, he was forced to fly into a Cave, where he was taken and his head cut off.
*Bu…han▪ l. 4. p. 109, 110, 111, 113, 114, 115, 116. Grafto…, part 6. p. 70, 71, part. 7. p. 80, 81, 82, 84, 86, 87, 90.King Even the third, not content with an hundred Concubines of the Nobility, made a Law, That it ſhould be lawfull for every one to marry as many Wives as he could keepe; and that the King ſhould have the mayden-head of Noble women, and the Nobles of the Plebeans before they were married; and that the common peoples Wives ſhould be common for the Nobles. Beſides, luxury, cruelty and avarice were the companions of this his flagitious life; he murthering the rich to get their wealth, and favouring t…eeves to ſh…e in their robberies: whereupon the Nobles and people conſpiring againſt him and taking up Armes, he diſcerned how unfaithfull the ſociety of ill men is; for being deſerted by his party as ſoone as the battell began, he came alive into his enemies hands, and was committed to pe…petuall priſon, his life being ſpared by the interceſſion of Cadalan, who was made Vice-roy in his ſtead; but ſoone after he was ſtrangled in the priſon by one whom he had formerly injured. King Corbreds ſonne being within age at his death, the Aſſembly of the States made Dardan King, who within three yeeres ſpace ruſhing into all kind of vices, banniſhed all prudent and honeſt men out of his Court, kept none but flatterers about him, ſlew Cardorus, and divers others vertuous men who advertiſed him of his faults; and to take away the feate of ſucceſſion, plotted the death of Corbred, Galdus, and others: whereupon the Nobles and people by unanimous conſent roſe up against him, ſlew his evill inſtruments, routed his Forces, tooke him priſoner, whilſt he was about to murder himſelfe, cut off his head (which they carried about for a laughing-ſtocke) and threw his corps into a jakes, after he had raigned foure yeeres. Luctacke the 22 King of Scots, giving himſelfe wholly to Wine and Harlots, ſparing the chaſtity of none though never ſo neere allied to him, nor their huſbands never ſo great, deflowring his owne Siſters, Aunts, Daughters, joyning inhumane cruelty and inſatiable avarice to his luſt, and depraving the youth of the Country corrupted by his example, when as no man durſt reſiſt him; was at laſt convented before an Aſſembly of the chiefe men; where being more freely reprehended for thoſe crimes, he commanded the chiefe of them to be drawne away to puniſhment, as ſeditious, calling them old doting fooles. Whereupon the people aſſembling together, ſlew both him and the inſtruments of his wickedneſſes, when he had ſcarce reigned three yeeres ſpace. Mogaldus was elected King in his place, who carefully reforming all the abuſes and corruptions of Luctack in the beginning of his reigne; yet fell at laſt unto them in his old age, and grew ſo odious by his vices, to the Nobles and common people, that they weary of him, roſe up againſt him; he being unable to reſiſt them, wandred up & down with one or two Companions, in ſecret places, ſeeking to eſcape by flight; but was at laſt taken and ſlaine. Conarus his ſonne and ſucceſſor giving himſelfe to all manner of luxurie, and luſt, brought the Realme in ſhort time to great penury; giving Lands and riches to moſt vile and naughty perſons, becauſe they favoured his corrupt living, and invented new exactions upon his people. Whereupon ſummoning a Parliament, he demanded a Tribute of them to ſupport his State and Court in Honour; who taking time to deliberate, and underſtanding at laſt, that this his hunting after money proceeded not from his Nobles, but from the inventions of Courtflatters, they reſolved to commit the King to ward, as unfit to governe, untill he renouncing the Crowne, they ſhould elect another King. Whereupon the next day, he who was firſt demanded his opinion, Declaimed ſharply againſt the Kings former life, his bauds and companions, as unprofitable in warre, troubleſome in peace, full of ſhame and diſgrace: ſhewed, that the Kings revenues were ſufficient to maintain him if he lived within compaſſe; that the reſt might be ſupplied out of the eſtates and by the death of thoſe on whom he had beſtowed the publique patrimony; and that the King in the meane time ſhould be committed to cuſtody, as unfit to rule, till they elected another, who might teach others by his example to live ſparingly and hardly, after their Countrey cuſtome, and might tranſmit the diſcipline received from their anceſtors to poſterity. With which free ſpeech he growing very angry, inſtead of pacifying their diſcontented minds, inflamed them more with his cruell threatnings; whereupon the King being laid h…nds on by thoſe who ſtood next him was ſ…ut up in a Hall with a few attendants: his Courtiers, the authors of ill counſell were preſently brought to puniſhment, and A…g…us a Nobleman made Ʋice-roy till the people ſhould meet to elect a new King; after which C…na… ſpent with griefe and ſickneſſe, died in priſon. King Eth…d…us his ſonne being an infant …i brother Tetra…ell was choſen King, who murthering his nephew, cutting off divers of the Nobles, and ſpo…ling the common people, to eſtabliſh the Kingdome in himſelfe, he grew ſo edicus and ſo much d…miniſhed his authority in a ſhort time, that he ſtirred up divers ſeditions; which he not daring to goe abroad to ſuppreſſ…, b…ing generally hated, was at laſt ſtrangled by his own fellowers in the night, in his own Houſe. Ethedius the 2. being a ſtupid man, and of a duller wit then was ſuitable to the government of ſo fierce a people, the Nobles hereupon aſſembling together o…t of their reſpect to the family of Ferguſius, would not wholy deprive him of the name of a King, though he were ſlothfull being guilty of no crime, but aſſigned Him governours to execute Juſtice in every County: at laſt he was ſlain in a tumult of his familiars. King Athirco his ſonne degenerating from his former vertues, and growing extreamely covetous, angry, luxurious, ſloathfull, and leaving the company of all good men, was not aſhamed to goe openly in the ſight of the people playing upon a Flute, and rejoycing more to be a Fi…ler, then a Prince; whereby he became very odious to the people: at laſt raviſhing the daughters of Nathalocus a Noble man, and then whipping and proſtituting them to his lewd companions luſts; thereupon the Nobles riſing up in Armes againſt him, when he had in vain endeavoured to defend himſelf by force, being generally deſerted by his own people, who hated him for his wickedneſſe, he murthered himſelf, and his brother Donus was enforced to flie with his little ones to the Picts to ſave his life. Nathalicke ſucceeded in his Realme, governing it ill by indigent ordinary perſons, who would attempt any wickedneſſe, and treacherouſly ſtrangling divers of the Nobility, who were oppoſites to him, in the priſon to which he committed them, to eſtabliſh his Kingdome; thereupon their friends with others, being more enraged againſt him, raiſed an Army to ſuppreſſe him; which whiles he endeavoured to reſiſt he was ſlain by one of his own ſervants, or as ſome ſay, by a Sorcereſſe with whom he conſulted to know his end. King Findocke being treacherouſly ſlain through the conſpiracy of Carantius his ſecond brother, Donald his third brother was elected King. Donald of the Iſles, uſurping the Realme by violence, ſo farre oppreſſed the people by ill officers and diſcords raiſed amongſt them, that he durſt ſeldome ſtirre abroad; he never laughed but when he heard of the diſcord and ſlaughter of his Nobles: for which he was at laſt ſurpriſed and ſlaine by Crathilinthus, who was unanimouſly elected King, and ſlew all th…s tyrants children. After the death of Fircormarch there were great diviſions and warres for the Crowne between Romach and Anguſian, two brethren; Romach at laſt conquering his brother and chaſing him into Ireland, gained the Crown rather by force, then love of the people; which to preſerve, he ſhewed himſelfe very cruell to the adverſe party, reduced capitall cauſes to his owne arbitrement, and putting many to death, ſtrucke a generall feare in all good men: Upon this he grew ſo generally odious to all eſtates, that they conſpired againſt, and ſuppreſſed him before he could collect his Forces; and cutting off his head, carried it about … Poll, as a joyfull ſpectacle to the people.
kBuch. l. 5. p. 146. 147. 156. 160. 17…. Graft. part 7 p. 94. 125.Conſtantine the firſt, of Scotland, as ſoone as he obtained the Crowne, looſed the reines to all Vices: he was cruell and covetous towards his Nobles, kept company with men of the baſeſt Ranke; gave himſelfe onelyonly to the rapes of maides, matrons, and immoderate feaſts, having fidlers, Stage-players, and miniſters of all ſorts of pleaſures almoſt about him: with which vices the Nobles of Scotland being offended, admoniſhed him of his duty. But he proudly contemning them, wiſhed them to looke after other matters, ſaying, he had councell enough from others, and that they ſhould lay aſide their falſe hope, that they could reclaime the King by their Councell. On the contrary he was of ſo poore a dejected Spirit towards his enemies, that he not onelyonly granted them peace, but remitted them injuries, and reſtored them Caſtles as ſoone as they demanded them. Which cauſed the Picts and Scots to conſult together to depoſe him by force of Armes; from which Douglaſſe diſſwaded them for the preſent, by reaſon of their forraigne wars with the Britans and Saxons: In the end, he was ſlaine for raviſhing a Noblemans daughter in the 15. yeare of his Raigne. King Goran was ſlaine by the people for favouring Towers chiefe Inquiſitor or judge of capitall cauſes, who much oppreſſed the people; his children being young, Hugonius ſucceeded to the Crown; and afterwards his brothers Congalus and Kumatel, after whom Ardan the ſonne of King Goran reigned. Ferquhard the 52. King of Scots a craftie man, deſiring to turne the Kingdome into a tyrannie, nouriſhed great diviſions among the Nobles; but they diſcovering his malice privily enter into an accord among themſelves, and calling a Parliament, ſommoned him thereunto: who refuſing to appeare, keeping within his Caſtle; they thereupon tooke it by force, and brought him to judgement againſt his will; where many and grievous crimes, among others, his cruelty and negligence in the affaires of the Common-wealth; the Pelagian Hereſie, with contempt of Baptiſme, and the other Sacraments, were objected againſt him; of none whereof he being able ſufficiently to purge himſelfe, was caſt into priſon; where, out of ſhame and ſorrow, he ſlew himſelfe. Ferquhard the ſecond, a man polluted with all kinde of wickedneſſe, an unſatiable deſirer of wine and money, inhumanely cruell towards men, and impious towards God, when he had every where vexed others with cruelty and rapines at laſt turned his fury againſt his owne, ſlaying his owne wife, and raviſhing his owne daughters: for which wickedneſſes he was excommunicated: but the Nobles willing to aſſemble together to puniſh him,Grafton part. 7. …. 125. 126. 130. 131. Buch l. 5 p. 162. …63. 165. l. 6. p. 1…. …75 176. 183 18…, 186. 187 188. 189. 196 197 198. &c. 200. 201. were diſwaded by holy Biſhop Colman, who told the King openly, that ſome Devine judgement would ſhortly ſeize upon him, which fell out accordingly, for falling into a Feaver, and not abſtaining from his intemperance, he was eaten up of lice. Maldwin 55. King of Scotland was ſtrangled by his Queen, for ſuſpition of Adultery with an Harlot; for which fact ſhe her ſelfe was burned 4 dayes after. Amberkelethus a vicious wicked king, was ſlain by one of his own men, with an arrow in the night, when he was marching againſt the Picts; whereupon, leſt the Army ſhould be diſſolved or left without a Generall, Eugenius the 7th was preſently choſen King in the Tents: who making peace with the Picts, his wife being ſlaine in his bed by two conſpirators who ſought his life, the king being ſuſpected of this murther was thereupon impriſoned; but before his triall ſet at liberty, by the apprehenſion of the Murtherers. King Eugenius the 8th, ruſhing into all Vices, and neither regarding the admonitions of his Nobles or Clergie, was for his filthy luſts, covetouſneſſe, and cruelty, ſlaine in the aſſembly of his Lords by their generall conſent, and his companions in wickedneſſe and villany hanged, which was a gratefull ſpectacle to the people. Ferguſius the third ſucceeded him both in his Crowne and Vices; he was a foule drunken glutton, and ſo outragiouſly given to Harlots, that he neglected his owne wife, and brought her to ſuch poverty, that ſhe was forced to ſerve other Noble women for her living; wherefore to expiate this diſgrace, ſhe murthered him in his bed, and afterwards ſlew her ſelfe alſo. Donald the 70 King of Scotland, gave himſelfe wholy to his pleaſures, keeping none but Hunters, Hawkers, and inventors of new luſts about him, on whom he ſpent the revenues of the Realme, by which he corrupted the youth of the kingdome: which the ancients of the Realme diſcerning, aſſembled and went to the King, admoniſhing him of his duty; which he notwithſtanding neglected, till the wars rouſed him up. Which being ended, he returned to his priſtine courſes; Whereupon the Nobles fearing, leſt this filthy and ſloathfull man, who would neither be amended by the councels of his friends, nor calamities of his people, ſhould loſe the remainder of the Kingdome which was left, caſt him into priſon; where for griefe of his inhibited pleaſures, or feare of publike ſhame, he layd violent hands upon himſelfe Conſtantine the ſecond was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realme by good Lawes; after which he was ſlaine in battle by the Danes. King Ethus his brother and ſucceſſor polluting himſelfe with all vices, and drawing all the youth of the Country (prone to wickedneſſe) with him, he was the reupon ſeiſed on by the Nobles; who making a long Oration to the people, wherein they related the wickedneſſes of his whole life, he was forced to renounce his right in the kingdome, and dyed in priſon of griefe, within three days after. Gregory being made King in his ſtead. Conſtantine the third turning Monke, Malchombe was elected king, who was ſlaine by the conſpiracie of theeves; whoſe ſonne Duffus being an infant, Indulfus enjoyed the Crowne; to whom Duffus ſucceeding, was murthered by Donald: whereupon a Parliament was aſſembled to chuſe a new King, which elected Culenus: who at laſt degenerating into all licentiouſneſſe, raviſhed Virgins, Nunnes, yea his owne ſiſters and daughters, and ſet up a kinde of publicke ſtewes. For which being reprehended by the Nobles, he excuſed part by reaſon of his youth part by reaſon of feare, and acknowledgeing his ſorrow for the reſidue, promiſed a …endment. But he not reforming upon their admonitions, they departed from Court, that they might neither be witneſſes nor partakers of his vices: The king freed of their troubleſome company gave himſelfe wholy to feaſting and venery, ſpending nights and dayes in diſhoneſt ſports and pleaſures with his diſſolute companions; and to maintaine his luxurie, he pillaged and oppreſſed his Subjects, eſpecially thoſe who were rich; and by his diſorders fell into a grievous ſickneſſe, which made him a deformed carcaſſe, fit for nothing but to ſuffer the penalties of his vitious life, his Courtiers and companions ſpoyling the people every where in the meane time. Whereupon the Nobles were enforced to ſummon a Parliament at Scone, where the king was commanded to be preſent, that together with the reſt he might conſult how to provide for the publicke ſafety in his precipitate State of things: with which ſommons being awaked, he began to conſult with his companions, what was beſt to be done for his owne ſafety in theſe exigents: being unable to reſiſt or flee, he reſolved to goe to the Parliament, hoping to finde ſome mercy there for his good fathers ſake, to preſerve him from falling into extreame miſery; but in his way thither he was ſlaine by the Thane of the Country for his violent raviſhment of his daughter; his death was acceptable to all, becauſe it freed them of ſuch a monſter with leſſe labour then they expected: and Kenneth the third was made King in his place: who poyſoning his Nephew Malcolme, heire to the crown after his deceaſe, to ſettle on his own poſteritie, he cauſed the Lords in Parliament to repeale the ancient Law wherby the Crown diſcended to the next of kin during the minority of the right heire; and to enact, that the ſonne ſhould from thenceforth inherite the crowne next after his father, through a Minor; that the Realme during his Minority ſhould be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 yeeres of age; and after that by a Gardian elected by himſelfe; that if the Kings eldeſt ſonne dyed having iſſue, the iſſue ſhould inherit, before the ſecond brother, &c. After which, the King generally hated for the poyſoning of Malcolme, was ſlaine by the practiſe and command of Fenella. He thus cut off Conſtantine ſurnamed the bald, ſonne of Culen, pretending the new Law concerning the diſcent of the Crowne to be unjuſt, obtained by force, and contrary both to the publicke liberty and ſafety; to wit, that an infant (commonly governed by a woman) being unable to governe, or repulſe an enemy in times of danger, yea a curſe of God upon a Realme, and therefore not to be endured or ſetled by a Law, eſpecially in thoſe time of warre, when they had ſo many enemies) ſhould be preferred before a Kinſman of full age, fit to raigne; ſo ambitiouſly ſought the Crowne and made ſo many friends, that he procured himſelfe to be proclaimed King at Scone; which Malcolme ſonne of Kenneth (for whoſe ſake this new Law was enacted) underſtanding, preſently raiſed all the Forces he could, which being conducted by his brother Kenneth, Conſtantine and he in the ſecond encounter were both ſlaine one of another. After whoſe death Grame the ſonne of Duffus uſurping the Crowne, when he and Malcolme were ready to encounter with their Armes, this agreement was made betweene them by Forthred a Biſhop, that Grame ſhould retaine the Kingdome, and the new Law of ſucceſſion be ſuſpended during his life; and Malcolme ſucceede him after his death. After which Grame giving himſelfe to all diſſoluteneſſe, covetouſneſſe and oppreſſion, and warring upon thoſe Nobles and Councellors, who adviſed him to reforme his evill courſes, with greater cruelty than any forraigne enemie, deſtroying both men townes, cattle, fields, and making all a common prey; hereupon they called in Malcolme out of Northumberland to aſſiſt them, who encountring Grame, on Aſcention day, tooke him priſoner, being deſerted of his people, wounded in the head, and then put out his eyes; who ſoone after dying of ſorrow and his wounds; Malcholme thereupon ſummoned a Parliament at Scone, and would not take the Crown till the Law concerning the ſucceſſion made in his fathers raigne, was ratified by all their conſents: againſt which Law Buchanan exceedingly inveighs in the beginning of his ſeventh Booke, as the occaſion and increaſe of all thoſe miſchiefes both to King and Kingdome, which it was purpoſely made to prevent. This Malcolme, after he had raigned long victoriouſly with much honour, in his declining age, growing very covetous, tooke away the lands he had formerly given to his Nobles for their good ſervice in the wars, and puniſhed divers of the wealthieſt men ſo ſeverely, that he brought many of them to death, others to extreame poverty; which injuries loſt him all his love, honour, and ſo farre exaſperated the people, that partly out of revenge, partly to prevent further oppreſſions and to provide for their owne ſecuritie, corrupting his ſervants with money, they ſent their agents into his chamber in the night, and ſlew him. Not to mention the murther of KingmBuch. l. 7. p. 213. to 230. Duncan by Machbed, who uſurped his Crowne through his puſillanimity; this Machbed, Heyl…s G…gr. …. 507. 508.omitting no kind of libidinouſneſſe, cruelty, and tyrannizing over the people for 18 yeares ſpace together, truſting to the predictions of certaine wiſards, that he ſhould neven be overcome till Bernane wood did come to Dunſinane Caſtle, and that he ſhould never be ſlaine by any man borne of a woman. At laſt Mackduffe governour of Fiffe joyning himſelfe to ſome few patriots who had eſcaped this Tyrants ſword, met at Bernane wood, and early in the morning every man bearing a bough in his hand, the better to keepe them from diſcovery, tooke Dunſinane Caſtle by ſcalado: whence Machbed eſcaping was purſued, overtaken, and urged to fight bp Mackduffe, to whom the Tyrant replyed in ſcorne, that in vaine hee attempted his death, for it was his deſtinie never to be ſlaine by any man borne of a woman: Now then ſaid Mackduffe, is thy fatall houre come, for I never was borne of a woman, but violently cut out of my mothers wombe, ſhe dying before I was borne; which words ſo daunted the Tyrant, though otherwiſe valiant, that he was eaſily ſlaine, and Malcolme Conmer the true heire of the Crowne, ſeated in the Throne. King Donald being odious and cruell to his ſubjects, they ſent for Duncan Malcombes baſtard, who expelled him the Realme, and was created King in his ſteed; who proving harſh, cruell, and Imperious to his Subjects, fell into their hatred, and was beheaded in the night by Marpender Earle of Murry, corrupted with money by Donald to murther him. Donald permitting the Iſles to be taken and poſſeſſed by Magnus King of Norway, and ſuffering his Realme to be waſted by a ſecret agreement; thereupon the Scots ſent for Edgar Malcombes ſonne, to take poſſeſſion of the Crowne, who entring into Scotland with ſmall forces, Donald being deſerted by his people, betooke himſelfe to flight, but being apprehended and brought backe to Edgar, he was cast into priſon, and not long after dyed. King Malcolme the fourth, at a Parliament at Yorke parting with divers of his Crowne-lands to King Henry without his peoples conſents ſo farre incurred their hatred, that upon his returne they beſeiged him at Barwick, and almoſt tooke him priſoner, but by the mediation of ſome of his Councell, who informed the Nobles, that the King was by violence & fraud circumvented by the King of England, of the ancient patrimony of the Crowne land, they reſolved to recover it by war: the Scottiſh Nobility affirming, that the king had not any power to diminiſh or part with any lands appertaining to the Crown without all their conſents in Parliament. This King after ſome encounters making a peace with the Engliſh upon unequall termes, wherein he parted with ſome of his ancient territories, out of his puſilanimity, againſt his Nobles conſent▪ hereupon he grew ſo odious and contemptible to them, that they were all weary of his government, and cauſed many to take up Armes and Rebell againſt him.
n…. p. 25…. … …abian Holin. Sp…ed, Graft. Daniel in the life of K. Edw. the 1. Walſingham …podigma p. 79.After the death of King Alexander the third there was a Parliament ſummoned at Scone to conſult about the creating of a new King; and the government of the Realme, during the Inter-regnum; where firſt of all they appointed fix men to rule the Realme for the preſent, and then heard and diſcuſſed the ſeverall Titles pretended to the Crowne, the finall determination whereof, they referred to King Edward the firſt of England as to the Supreame Soveraigne Lord of the Realme: who ſelecting 12. Scottiſh, and 12. Engliſh Councellors to aſſiſt him; After full hearing, by generall conſent of all, adjudged the Crown to Iohn Baylioll, husband to King Alexanders nighteſt Kinſwoman: The Scots conſidering his ſimplicity and unaptnes to governe them, and ſcarce confiding in him being an Engliſhman, and elected by the K. of England, cōſtituted them 12. Peers, after the manner of France, to wit, 4. Biſhops, 4. Earles, and 4. Lords, by whoſe adviſe the King and all the affaires of the Realme, were to be governed and directed: He was taken and kept priſoner by the Engliſh.aBuchanan l. 9. 10. 11. 12. p. 291. 334. &c. 412. 413. After the death of Robert Bruce, the Scots before their King was crowned, created a Vice-Roy to govern the Realme, who ſuppreſſed the theeues, and Robbers: Edward Bayliol ſonne to Iohn Bayliol ſucceding Bruce, was afterwards rejected and depoſed by the Scots, for adhereing too cloſely to the Engliſh & K. Edward, and David Bruce elected K. in his place. Robert the 2d. of Scotland when a peace was propounded between France, England, and Scotland by the Pope, willingly conſented thereunto, but his Nobles being againſt it, his aſſent alone was in vaine; becauſe the King of Scotland alone, can make no firme peace nor truce, nor promiſe which ſhall bind, but by publike conſent in Parliament. King Robert the 3d. dying of griefe, for the captivity and impriſonment of his Son Iames, taken priſoner by our King Henry the 4th. as he was going into France, the Scots hereupon appointed Robert his uncle, by common conſent, for their Vice-roy, till Iames the (firſt of that name) right heire of the Cowne, were enlarged. Iames being freed and Crowned, ſummoned a Parliament, wherein an ayde was granted him to pay his ranſome, with much difficulty: he had many Civill wars with his Subjects, and at laſt was murthered by Robert Grame and his confederats, from whom he received 28. wounds in his Chamber in the night, wherof he preſently died. Iames the 2. his ſon, being but 7. yeares old at his death, Alexander Leviſton was choſen Protector, and William Crichton made Chancellor by Parliament; Which the Earle Douglas ſtorming at, committed many inſolencies in a hoſtile manner. After which, Alexander and his faction oppoſing the Chancellor, and commanding that none ſhould obey him, the Chancellor thereupon fortified Edenborough Caſtle, and as the King was hunting early in the morning ſeized upon him with a troop of Horſe, & brought him to Edinburgh Caſtle, where he detained him from the Protector till the peace of the Kingdom, and preſent diviſions ſhould be ſetled: which laſting very long by reaſon of Earle Douglas his ambition, power, and covetouſnes, who raiſed many grievous civill wars, he was at laſt ſtabbed to death by the King himſelfe, Anno 1452. contrary to his promiſe of ſafe conduct to the Court, under the Kings and Nobles hands and ſeales: Wherupon his brethren and Confederats, meeting at Sterling, reſolved to revenge his death, and tied the Kings and Nobles writing of ſafe conduct to an horſes taile, which they led through the ſtreets of Sterling, railing at the King and his Councell as they went, and when they came into the market place (where they had 500. trumpets ſounding) they by an Herald, proclaimed the King and all that were with him, fedifragus, perjured, and enemis of all good men: and then ſpoiled and burned the Towne, Co…ntry, with all places elſe that were firme to the King; betweene whom and the kings party, a bloody civill warre (to the ſpoyle of the Countrey) continued above two yeares ſpace with various ſucceſſe; till at laſt with much difficulty this fire was extinguiſhed and the King caſually ſlaine with the breaking of a Cannon: whoſe ſonne James the 3. being but 7. yeeres old, was proclaimed king in the Campe, and the Queen Mother made Regent, till a Parliament might be called to ſettle the government; but when the Parliament aſſembled, upon thebBuchanan l. 12. p. 417. to 430. 441. to 456. Heylin p. 510. Oration of Kenneth Archbiſhop of Saint Andrewes ſhewing the Inconveniences and unfitneſſe of a womans Government, they Elected 6. Regents to governe the King and Realme during his minority. After which Bodius was made Vice-roy: This king being ſeduced by ill Courtiers and Councellors which corrupted him, thereupon divers of the Nobles aſſembling together, reſolved to goe to the Court, to demand theſe ill Councellors and ſeducers of the King and then to execute them; which they did accordingly, and that with ſuch fury, that when they wanted cords to hang ſome of them, they made uſe of their horſes bridles, and every one ſtrave who ſhould be forwardeſt to doe this execution. The king promiſing reformation, was diſmiſſed; but in ſteed of reforming he meditated nothing but revenge, blood and ſlaughter in his minde; and plotting ſecretly to murther the Nobles in Edenburg, by the helpe of Earle Duglaſſe; he deteſting the fact and revealing the Treachery, thereupon the Nobles who formerly deſired onelyonly his reformation, tooke up Armes to deſtroy him, as one incorrigible and implacable; whereupon they made the Kings ſonne Vice-roy, and knowing the kings perfidiouſneſſe, would yeeld to no termes of peace, unleſſe he would reſigne up his Crown to his ſon: which he refuſing, thereupon they gave him battle and ſlew him, as a common enemie. After which calling a Parliament, they created his ſon Iames the fourth king; who comming under the power of the Duglaſſes, reſcued himſelfe at laſt from them: and invading England, Anno. 1542 when he proclaimed Oliver Sincleer his favorite, Generall, the Scottiſh Nobility tooke it in ſuch indignation, that they threw downe their weapons and ſuffered themſelves to be taken priſoners; whereupon the king growing ſicke with griefe and anger, ſoone after dyed.cBuch. l. 16. to the end of 12. Holin. Chytr. Chron. Saxor. l. 21. p. 640 641. 642. 836. Speed, in the life of Queen Mary, and Queene Elizabeth Cambdens Elizabeth, and others. See Knocks his Hiſtory of Scotland. Anno. 1555. Mary the Daughter of king Iames the ſixth of Scotland, and heire to the Crowne, being within age, her mother Queene Mary, by common conſent was made Regent, and ſhee by common conſent and councell of the Nobles, married to Francis Dolphine of France. In the meane time there hapning ſome troubles and warres about the reformed Religion, which many of the Nobles and people there contented for; the Queene Mother, granting thoſe of the Religion, a confirmation of their liberties and Religion by way of Truce for 6 moneths, ſhe in the meane time ſends for Souldiers out of France, wherewith ſhe endeavoured to ſuppreſſe Religion, with the remaining liberty of the Scots, and to ſubject them to the French. Whereupon the Nobles of Scotland who ſtood for the defence of their Religion and Liberties, by a common decree in Parliament, deprived the Queene Mother of her Regencie, make a league with our Queene Elizabeth, being of the reformed Religion, and receiving ayde both of men and money from her, beſieged the Queene Mother in Edenburgh Caſtle, where ſhe dyed of griefe and ſickneſſe. After which they expelled the French, and procured free exerciſe of the Reformed Religion. In the meane time Francis dying, the Queene ſends for Henry Steward out of England, where he and his Father had beene Exiles; marries and proclaimes him king, Iuly 29. 1564. which done, ſhe excluded the Nobility from her Councells, and was wholly adviſed by David Ritzius, a Subaudian, whom ſhe brought with her out of France, and did all things by his Councell; wherewith the Nobles being much diſcontented, finding him ſupping with the Queene in a little Chamber, commanded him to riſe out of the place, which did little become him, and drawing him out of the Chamber, ſtabbed him to death, Anno. 1565. The Queene ſoone after was delivered of a ſonne and heire, Iames the 6. and then admits Iames Hepburne Earle of Bothwell into moſt intimate familiarity with her, ſetting him over all affaires of the Realm, granting nothing to any petitioner almoſt but by him; and her husband Steward being dead, (whether of a naturall death or poyſon is yet in controverſie) ſhe married Bothwell openly, without the Lords and Parliaments conſents. Hereupon the Nobles tooke up armes againſt Bothwel and the Queen, beſieged the Queen till ſhe rendred her ſelfe priſoner, upon this condition; that ſhe ſhould adjure and reſigne her intereſt in the Crowne and Kingdome to her infant ſonne; which they compelled her to performe, and appointed Iames Earle of Morton Vice-roy, and Protector during the Kings Minority. In the meane time the Queene was committed priſoner to the Caſtle of the Iſle of the Lake Leuine; where corrupting Duglaſſe her keeper, the Earle of Mortons Nephew, and a ſhipmaſter, ſhe eſcaped to the Hamiltons in ſafety, who having raiſed Forces to free her, waited her comming on the ſhoare: But the Vice-roy ſcattering theſe forces ſoone after, the Queene thereupon fled into England. Anno. 1568. Where Queene Elizabeth taking her expulſion ill, laboured that ſhe might be reſtored to the Crowne, which could not be effected, but by Armes; or mediation; and neither of them without knowledge of the cauſe. Whereupon the Queene ſent for the Vice-roy and Councell of Scotland into England, to anſwere the complaints of their Queene againſt them; which they did in a writing, (compoſed by Buchanan, and afterwards Printed both in Latine and Engliſh,) wherein they ſhewed the grounds and order of their proceedings againſt their Queene; wherewith the Queene and Councell were ſatisfied, that they had proceeded rightly and orderly: yet to keepe both ſides in ſuſpence, ſhe pronounced no definitive ſentence: The Vice-roy departing into Scotland, was afterwards murthered by the Hamiltons, and Matthew Steward Earle of Leseux made Vice-roy in his ſteed. The Queene in the interim treated with Thomas Howard Duke of Northfolke, about a match with him, and to ſeiſe upon the Realm of Scotland, whereupon he was committed to the Tower, and ſhe reſtrained; after which ſhe was ſolemnly arraigned and condemned to death by the Parliament of England for conſpiring Queene Elizabeths death, &c. and for it beheaded at Fotherringham Caſtle. Feb. 8. 1587. The Hiſtory of which Queenes life is more at large related bygRerum. Scot. Hiſt. l. 15. 16. 17. 18. 19. 20. Buchanan and others; and her impriſonment and Depoſition profeſſedly juſtified as lawfull by his Treatiſe, De Iure Regni apud Scotos (compiled for that purpoſe) to which I ſhall referre the Reader.
What the Lords and Realm of Scotland have done within theſe 5. yeers laſt paſt in defence of their Religion Lawes, Liberties, by holding generall Aſſemblies, Parliaments, taking up armes, ſeiſing the Forts and Ammunition of the Realm, and marching into England, againſt the Kings conſent and Proclamations, is ſo freſh in memory, ſo fully related in the Acts of Oblivion and Pacification, made in both Parliaments of England and Scotland, ratified by the King himſelfe; and in particular Hiſtories of this Subject, that I ſhall not ſpend time to recite particulars, but will rather conclude from all the premiſes with the words ofrRerum Scot. l. 20. p. 746. 747. Buchanan; The Ancient cuſtome of our Anceſtors in puniſhing their Kings, ſuffers not our forcing of the Queene to renounce her right unto the Crowne to her ſonne, to ſeeme a Novelty; and the moderation of the puniſhment, ſhewes it proceeded not from envie: for ſo many Kings puniſhed with death, bonds, baniſhment by our Anceſtors, voluntarily offer themſelves in the ancient Monuments of Hiſtories, that we neede no forraigne examples to confirme our owne act: For the Scottiſh Nation, ſeeing it was free from the beginning, created it ſelfe Kings upon this very Law, that the Empire being conferred on them by the ſuffrages of the people, if the matter required it, they might take it away againe by the ſame ſuffrages; of which law many footſteps have remained even to our age: for in the Iſlands which lye round about us, and in many places of the Continent, wherein the Ancient language and conſtitutions have continued, this very cuſtome is yet obſerved in creating Governours: likewiſe the Ceremonies which are uſed in the Kings inauguration have alſo an expreſſe image of this Law; out of which it eaſily appeares, that a Kingdome is nothing elſe, but the mutuall ſtipulation betweene the people and their Kings: the ſame likewiſe may be moſt apparently underſtood out of the inoffenſive tenor of the ancient Law, preſerved from the very beginning of raigning among the Scots even unto our age; when as no man in the meane time hath attempted, not onelyonly not to abrogate this Law, but not ſo much as to ſhake it, or in any part to diminiſh it: Yea, whereas our Anceſtors have deprived ſo many Kings as would bee tedious to name, of their Realme; condemned them to baniſhment, reſtrained them in priſons, and finally puniſhed them with death, yet there was never any mention made of abating the rigor of the Law; neither perchance undeſervedly, ſince it is not of that kinde of Lawes which are obnoxious to the changes of times, but of thoſe ingraven in the mindes of men in the firſt originall of mankinde, and approved by the mutuall conſent well-nigh of all Nations, which continue unbroken and ſempiternall together with the Nature of things, and being ſubject to the commands of no man; domineere and rule over all men. This law (which in every action offers it ſelfe to our eyes and mindes, and dwels in our breſts will we, nill we) our Anceſtors following, were alwayes armed againſt violence, and ſuppreſſed the unrulineſſe of Tyrants. Neither is this Law proper onelyonly to the Scots, but common to all well-ordered Nations and People: as the Athenians, Lacaedemonians, Romanes, Venetians, Germanes, Danes: which he there manifeſts by examples. So that I may hence infallibly determine, the Realme, Parliament, and Nobles of Scotland, collectively conſidered, to be the Soveraigne power in that Realme, ſuperiour to the Kings themſelves: from whom I ſhall proceede to Scripture Preſidents, in the Kings and Kingdomes of the Gentiles, Iſrael, and Iudah, recorded in Scripture.