as the other. After this manner was the death of James revenged: it is true, it was a barbarous one; but it was revenged by punishments fo cruel, that they feemed to exceed the bounds of humanity: for fuch extreme kinds of punishment do not fo much reftrain the minds of the vulgar, by the fear of feverity, as enrage them to do, or fuffer any thing; neither do they fo much deter wicked men from committing fuch barbarous actions, as lessen their terror by often beholding them; efpecially if the spirits of the criminals be fo hardened, that they finch not at their punishment. For among the ignorant populace, "a ftubborn confidence is fome

times praised for a firm and fteddy conftancy." James departed this life in the year 1437, the 20th day of February, when he had reigned thirteen years, and in the 44th year of his age. So great diligence was used in revenging his death, that within forty days all the confpirators were taken, and put to death. He left one fon behind him, the younger of the twins, half of whofe face (fee the various operations of nature) was perfect fcarlet.

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254

The Speech of James Kennedy, Bishop of St. An drew's, before the parliament of Scotland, in the minority of King James III. on the que ftion, Who Should have the tutelage or guar dianship of the young King? the Queen his mother alledging, that he should have it; the Bishop and others alledging, that it was more fit that one should be chofen out of the parliament for fo great a charge.

[N. B. Bishop Kennedy was nephew to King James I. being fon to his fifter Mary Countess of Angus, and John Lord Kennedy. He was firft Bishop of Dunkeld, and thereafter of St. Andrews'. 'He built St. Salvator's college there, which he provided with large revenues. He died at St. Andrew's May 10. anno 1466, and lies interred in a fine fepulchre prepared by himself, within the chapel of the faid college.]

IT

T is my chief defire, noble peers, that they whose aims are at the good of all in general, might freely declare their minds, without offence to any one particular perfon. But, in our prefent circumftances, when the fenfe of things, delivered for the publick good, is wrefted and turned to the reproach of those - private perfons who fpeak them, it is a very difficult thing to obferve fuch a mean between · difagreeing heats and different opinions, as not to incur the offence of one of the parties. As for me, I will fo temper and moderate my difcourfe, that no man fhall com

plain of me, without first confeffing his own guilt: yet I fhall use the liberty of fpeech, received from our ancestors, fo modeftly, that as, on the one fide, I defire to prejudice no man; fo, on the other, neither, for fear nor favour, will I pafs by any thing, which is of ufe in the debate before us. I fee, that there are two opinions which do retard and impede our concord. The one is of those who judge, that in a matter relating to the good of all, an election out of all is to be made: and, as we all meet to give our fuffrages in a bufinefs concerning the fafety of the whole kingdom; fo it is juft and fit, that no man fhould be excluded from the hopes of that honour, who feeks after it by honeft and virtuous ways. The other is of fuch, who count it a great injury done to the Queen, who is fo noble a princess, and fo choice a woman, if she be not preferred before all others in the guardianfhip of her fon, and the adminiftration of the government of the kingdom.

Of these two opinions I like the former beft; and I will fhew you my reasons for it by and by. In the mean time, I fo far approve the mind of the latter, that they think it below the Queen's grandeur, that any single perfon fhould vye with her for this point of honour, left her authority, which ought to be, as in truth it is, accounted venerable, fhould be leffened by coping with inferiors. And indeed I would be wholly of their mind, if the difpute lay here, about the honour of one, and not the fafety of all. But feeing that we are, this day, to make a determination about that which concerns the lives and fortunes

of all private men, and the fafety of the whole kingdom too, it is highly requifite, that all fingle interefts and concerns whatsoever, fhould stoop and give way to this confideration: And therefore I earnestly advife thofe, who are of this opinion, so to confult the dignity of the Queen, as not to forget at the fame time the reverence they owe to the laws, to the old customs, and to the univerfal good of their country. If they can fhew, that it is lawful, and publickly expedient, that the guardianfhip of the King, and the regency of the kingdom, ought to be in the Queen's hands, I will be of their opinion. But if what they plead for be pernicious to the publick, I hope the Queen first, and next all good men, will pardon me, if (always faving the majesty of the Queen, as facred, fo far as, by law, and the cuftom of our ancestors, I may) I do not conceal my opinion; or rather, if I fpeak out that with freedom, which it were the greatest impiety in me to conceal. To begin then with the laws; there is a law made above 500 years ago, by King Kenneth, a Prince no lefs eminent for his wifdom and prudence, than for his military performances; and it was affented and yielded to by all the orders of the kingdom; and approved of, even to this very day, by the conftant obfervance of fo many ages, That when the King happened to be "a minor, the eftates, or parliament of the "kingdom, fhould affemble, and chufe fome 66 one man, eminent for wifdom and power, "to be his guardian, and to govern the King, "whilst he was yet unable to weild the fcepter "with his own hands." Though this law

be

"

Be referred to Kenneth, as the author of it; yet it seems to me, that he did not fo much enact it first, as revive and confirm the antient custom of the Scots by a new fanction. For our ancestors were fo far from committing the fupreme power to the hands of a woman, that if you look over our chronicles, you shall not find the name of a woman regent. recorded among them all. For why, pray, fhould they mention fuch a name, of which they never had any occafion, and hoped they fhould never have any for the future? For those females whom other countries call Queens, we only call wives (or conforts) of our Kings; neither do we intitle them to any higher name; for guefs, our wife ancestors had this in their eye, that as often as thefe conforts heard their names fubjoined to that of their husbands, they might remember, that they were fubject to men: And therefore a wo man was never admitted to the regency, or the adminiftration of publick affairs to this very day. The fame courfe hath been alfo conftantly observed in lefs magiftracies, both as to their appointment and executions. For though many honours, and fome feigniories: amongst them, have come by inheritance ta fome women, by reafon of their great de ferts from their country, and have also been alloted to them as dowries; yet it was never known, fince the memory of man, that any woman did ever prefide in any publick council, or in any court of judicature, or did ever take upon her any of thofe offices, which are appropriated to men.. And truly fince our ancestors, though not bound by law..to I 3x

ity