Nov. 1595. 1. LETTER, the Earl of Gowrye to King James VI. PLEASE 3OUR MAJESTIE, GIF the beftouing of great benefites fould moue the receauers theroff to be thankfull to the giueris, I haue mony and extraordinar occafionis to be thankfull to zour Majeste; not only being fauored with the benefite of 3our Majesteis gude countenance at all tymes, bot also that it hath pleafit our Majefte to accept fo weill of me, as to honour me with 3our Majefteis moft louing letter, as with ane certane figne and viue testimonie of 3our Majefteis gude fauor and graciousnes touartis me; wheroff I efteme fo much, that I wald think my felff very hapie, if it fould please zour Majefte to comand me in any thing, that therby zour Majeste might haue ane tryall of my prompt and fathfull obedience; for 3our Majefteis worthines and valor, attour the particular courtefis fchauin to me, merits whatfomeuer I am able to do, and ane hundreth thousand tymes more. In end, I pray 3our Majefte to haue me excufed that I haue taine the audacitie to wrett againe to zour Majefte, for not hauing the comfort of 3our Majefteis prefence, could not declare my willing mynd better then be vfing of the nixt remede. In the meane tyme, I fall repofe my felff ftill on 3our Majefteis conftant fauor, quhill God of his mercie grant that I fe zour Majefte in fuche ane gude estate as I wishe, whilk will give me the greteft contentment of all. Sua crauing earnestly of that Creator of all thingis to blifs zour Majeste with all felicitie and fatisfactione in health, with ane increas of mony profperous dayis, I kifs moft deuotly 3our Majefteis hands. Your Majefteis most humble fubiect and obedient feruitor in all deuotione, ATT PADUA, the 24th of November 1595. GOWRYE. 2. LETTER, the Earl of Gowrye to Mr Johne Malcome, Minister at Perth. Ευλογητον εσω το ονομα τα θες εις αιώνα. BELOVED BROTHER, HAUING taken occafione to wret to Scotland, wald nocht omitt my deutie to 30u, in vifiting zou with this letter, that therby ze myght vnderstand of my prefent eftate, quhilk continues as of before; praising God, from my hairt, that of the riche abundance of his gude grace and mere mercie hes maid the beames and licht of his countenance, to fhine vpon me moft fauorably; to be ane guide to conduct me faiflie per hunc Auernum, quherin mony here, (quorum oculi denfa 1 Mr John Malcolm, one of the Regents, and afterwards Principal of St Leonard's College, St Andrews, was ordained Minister of Perth, 4th November, 1591. He was the author of a Latin Commentary on the Acts of the Apostles, a work of considerable learning, printed at Middleburgh, 1615, 4to. He died at an advanced age, at Perth, 3d October, 1634. caligine et nebulis obfuscati funt,) & miferum Spectaculum! are drouned, in his Nov. 1595. iustice; I meane nocht all, abfit; for I am acquainted with diuers heir, qui, etiam inter has paludes ftigias, hes neuer boued ther kne to Baal: Quhat ane meruell is this? and quha can beleue it? and zit it is certanly true; glorificetur igitur Deus in operibus fuis, ac eo magis quo funt mirabiliora et magα τny quσIV. There wes ane notable exemple of conftancie not long ago, in ane Silefian Minifter, of fome threscore yeares and mair, quha, efter he had beine deteined in prifone about nyne yeares, and the Jefuites had trauailed with him to recant; bot perfaiffing that thei could preuaile nothing at his handis, caused bring him to the fyre, lyke bludie dogges; quhere, efter he had maid ane excellent difcours and harang to the people, shauing them the gret honour he wes callit to in fuffering for Chriftes fake, and exhorting them to conuerfione, abode moft patiently, without ony shrinking, all tormentis; magnifeing Godis holy name, and praying that ther finnes mycht be forgiuen them. Efter he wes brunt, not being zit satisfied of the crueltie that they had vfit against him, quhen he wes liuing, did caft ane gret heap of ftones vpon his ashes, multo fauiores quam erant Judei aduerfus Stephanum. There were vtheris, quha for feare of death, at that fame tyme, maid filthie apoftacie fra the true Religione to that damnable idolatrie; and at that instant that ane of them begane to deny Christ, in making defectione, there isfhued blude out of his nofe in fuche gret abundance, that all did fee him thocht he fould have dyed prefentlie. This wes ane vifibill figne of the hand of God, that chopped on him quha had done fuch ane villanie against his confcience, for to purchase his auin lyffe, quhilk he wes not worthie to bruik, be the lofs of his foule. Bot thir renegates not the les escaped not their auin punishment, for they all were fend ad triremes, vbi non vnius hore Spatio vitam finituri, fed morientes femper, nec tamen morientur. Laitlie, efter these thingis, ane certane Inglishe man, being moued on zele to caft ther facra hoftia (as thai most falslie callis it) out of the priestis handis, that wes careing it in proceffione, to the grund, and to ftramp on it with his fete, wes apprehendit and denudit of his clothes, therefter ane hude putt on his heade, quheron wes painted the deuils image, and fome with bleafis, quha brunt him continually in the backe and brest as he walked forduart; bot he, in the meane tyme, wes occupiet in schauing the people how thai were schamfullie abused by these miscent idolaters, quha were leading them to their auin damnatione. In end, he spake with fuch ane vehemencie, that the enymies caused knett his toung, fearing some vprore to enseu, if he had gottin ony forder libertie to fpeke: So he wes brought to the place of executione, quhere, lifting vp his eyes to heauen, and on his knees kiffing the chain he wes bund with, they caused firft cut of his hand for the fact he had committed, and nixt burne him quicke. All thir thingis were done in Rome, Nov. 1595. that mother of all vyce, and hoorishe fynagog of deuils. I am fory that my abfence will not permit me to kyth my mynd and gudwill, in helping to fett furth Godis glorie there, cui totus ex animo incumberem; bot quhen, at his gude pleafure, I returne, fall with his grace, indeuore my selff to amend quhatsomeuer is omitted for laike of my prefens. I thank zou most hartfully, of 3our rememberance of me in zour prayeris; defyring zou earnestlie to contineu, according to the loue ze cary to the faluatioune of my foule. Thus, remembering my loving commendationis to zour felff, with the haill nychtbouris of the toune, Committis zou with them all to the protectione of the Omnipotent. Youris aluayis affectionat, AT PADOUA, the 28 of Nouember, 1595. GOWRYE. I DOUT nocht bot ze haue hard, long fince, of the Papes benedictione given to the King of France; quhilk hes turned to ane maledictione. No vther neuis occurris heir for the present; bot nou agane, latlie, there is fome Inglishmen put in the hous of Inquifitione, in Rome. To my beloued brother, MR JHONE MALCOME, Minister at PERTH. No. XXI. FAC-SIMILE OF THE SUBSCRIPTION OF JOHN EARL OF GOWRYE. Youres aluors affectionat. [Mr Williame Hairt, Juftice-Depute.] Writing Slanderous Pasquils against the King, &c.—Sedition. [THE TRIAL of Francis Tennent forms one of the series, in a black catalogue of Cases, which must leave an indelible stain on the character of King James VI. Owing to the scrupulous care adopted 1 On the margin, Convictus et Sufpenfus.' by the Lord Advocate to suppress these offensive papers, the precise nature of the Pasquils alluded to, cannot now be correctly determined. The likelihood, however, is, that besides detracting' the King and his maift nobill progenitouris,' and publicly branding the King as the Sone of Seniour Davie,' (a popular soubriquet for his sacred Majesty,) these offensive squibs had contained matter relative to the recent Conspiracy of THE EARL of GOWRIE. Such a conjecture is fortified by the circumstance of the well-known Mr Robert Bruce and Mr John Davidson, the persons to whom the Pasquils are fictitiously addressed, having publicly asserted the story of the Conspiracy to be an entire fabrication, and that the Murder was devised and perpetrated by the King and the Court faction, to rid themselves of a powerful rival. After a minute and careful search, the Editor has not been able to obtain copies or fragments of these papers, or to get even a tolerable abstract of their contents. The only light we obtain from any contemporaneous writer, is from that amusing and minute Chronicler, Robert Birrell; who only ventures to say; The 8 of October, Frances Kennaird hangit at the Croce, for Treaffone aganis his Maieftie, for making of Plakketis and wreittis, fic as Cokkolentis.'1 The latter part of this mysterious intimation would lead us to believe, that these pasquils contained, amongst other satirical remarks, reflections on the Queen's conjugal infidelity. It is certain, at all events, that this shot took effect; and it is equally clear, that his Majesty retaliated, in a most ungenerous and cruel manner. In the course of investigating the public Records, &c. the only notice which the Editor observed, was in the Lord High Treasurer's Accounts; where, in the month of October, the following entry is mode: ITEM, to the Officeris of Jufliciare, for fummoning of ane Affyis to Francis Tennent, xlf.' Should the Editor, afterwards, be so fortunate as to obtain inspection of these papers, or authentic contemporaneous transcripts, amongst the MS. Collections of Thomas first Earl of Haddington, then Secretary of State, Lord Advocate, &c. or from similar sources, they shall be given in the Appendix.] Dilatit for false, malitious and vndeutifull wryting and difperfing of sklanderous, calumnious and reprochefull Letteris, to the dishonour of the Kingis Maieftie, his hienes progenitouris, Counfale and procedingis; conform to the Dittay, produceit (by) Mr Thomas Hammiltoune Aduocat to our fouerane Lord. DITTAY against Frances Tennent. 2 FRANCES TENNENT, merchand burges of Edinburgh, ge are Indytit and accufit for pe fals, malitious, vndewtiefull wryting and difperfing of fklanderous, calumnious and reprochefull Lettres, to pe difhonour of pe Kingis Maiestie, his maist nobill progenitouris, counfale and procedingis; and steiring vp of feditioune and contempt in pe hairtis of his fubiectis, aganis his Maieftie; in maner, substance and effect contenit in twa of 3our Lettres writtin, heirwith produceit, and vfit as ane pairt of zour Dittay; The ane of the faidis Lettres, writtin with 3our hand, and subscryuit be the feinzeit name of 'JAMES SYMPSOUNE, SCOLLER,' and directit to Mr Robert Bruce,' off the dait, at Newcaftell, pe xvij day of Januar, the zeir of God Im.Ve.lxxxxvij 3eiris; and the vther, lykewyis writtin with your hand, and subscryuit with the feinzeit name of JOHNE STRATHAUCHIN;' and directit vpoune the bak, to Mr Johne Davidfoune:' Quhilkis twa Lettres, 3e laid doune in the Kirke of Edinburgh, to the effect the famyn mycht haif fallin in the handis of the pepill; thairbye to bring his Maiestie in contempt, and fteir vp his pepill to feditioune and disobedience; exprefslie aganis the Lawis and Actis of Parliament maid aganis Lefing-makeris and authouris of feditioune and infamous speicheis and writtis. Qubilk ze can nocht deny; Lykeas, 3e haif confest pe famyn, be twa feuerall Depofitionis, subscryuit with 3 our hand. 1 Perhaps for Cokkoleingis,' cuckoldings. 2 See Cases of Diksoun, Aug. 3, 1596; Cornuall, Apr. 25, 1601; and Ross, executed Sept. 10, 1618. The Aduocat produceit his Maiefteis Warrant, for perfute of Frances Tennen. The faid Frances Tennent produceit certane DEFENSSES, in writt, aganis the Dittay; quhairof the tennour followis. 'IT IS alledgeit, for þe pairt of me Frances Tennent, that na proces aucht to be gevin aganis me, in þe Criminall actioune persewit be my Lord Aduocat contrair me; becaus I am nocht deprehendit, in recenti crimine, bot is convenit vpoune ane deid, alledgeit done thre zeir fince or pairbye: And conforme to the Actis of Parliament, I aucht to be fummond vpoune fyftene dayis wairning, and ane copie of pe Dittay gevin me; quhilk is nocht fwa done; bot I am fummarlie prefentit on pannell, without ony citatioune preceding. Secundlie, gifand' 3our lorfchip wald proceid aganis me the said Frances, nochtwithstanding the alledgeance foirfaid; zit I aucht to haif ane copie of pe Dittay, and ane day affignit to me, to anfuer þairto; feing I am convenit on my lyffe; And gude reffoune vald I had ane day to be avyfit pairwith; And to remember the Dittay to be speciall, anent the cryme; And to allege, that speking generallie, without courfing, is na lawfull caufe to tak ane mannis lyffe. Thridlie, alledgeit, the Law Intitulat Si quis Imperatori maledixerit,' 3—and produceit the buik to inftruct the Law, quhilk is ane Defence to me the faid Frances in this caife.' It is anfuerit be my lord Aduocat, that the alledgance aucht to be repellit, in refpect of the Dittay contening the cryme of Seditioun aganis the Prince, quhilk may fuffer na delay. As to the last Defence maid vpoun the Law, 'Si quis Imperatori maledixerit,' the famin aucht to be Repellit, in respect of the Actis of Parliament maid anent the crymes lybellit; ordaning the authouris of sklanderous fpeichis and writtis aganis the Prince, his progenitouris, Counfall or procedingis, to be puneift to the death. The Juftice ffindis proces: Quhairvpoune the Kingis Aduocat afkit instrumentis. The famin day, twa Letteris being produceit be the Aduocat, maid and writtin be Frances Tennent, togedder with his Depofitionis; the said Frances acknowledgeit and confeffit in jugement the famyn to be his handwrit: Quhairvpoune the Aduocat afkis inftrumentis; and in refpect thairof, and of the ij' and fyft Act of the Kingis xiij Parliament, and vther Actis thairin mentionat, proteftis, gif the Affyis clenge the faid Frances, for Wilfull Errour. The Aduocat produceit HIS MAIESTEIS WARRAND to pronunce dome aganis Frances Tennent, in maner following: 1 Giving or granting, that your lordship, &c. 2 Curfing' had been originally written, and is deleted in the record, to make way for the improved orthography courfing.' 3 Codicis, lib. 9, tit. 7, 1. unic. Quoniam si id ex levitate processerit, contemnendum est: Si ex insania, miseratione dignissimum: Si ab injuria, remittendum.' |