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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 so cruel, that they seemed to exceed the bounds of humanity: for such extreme kinds of punishment do not so much restrain the minds of the vulgar, by the fear of severity, as enrage them to do, or suffer any thing; neither do they so much deter wicked men from committing such barbarous actions, as lessen their terror by often beholding them; especially if the spirits of the criminals be so hardened, that they finch not at their punishment. For among the ignorant populace, “ a stubborn confidence is fome, *. times praised for a firm and steddy constancy.” 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 conspirators were taken, and put to death. He left one son behind him, the younger of the twins, half of whose face ( see the various operations of nature) was perfect scarlet. 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, l'ho pould have the tutelage or guar-
dian hip of the young King? the Queen his
mother alledging, that she should have it;
the Bishop and others alledging, that it was
more fit that one should be chofen out of the
parliament for so great a charge.
[ N. B. Bishop Kennedy was nephew to King

James I. being son to his sister Mary
Countess of Angus, and John' Lord Ken-
nedy. He was first 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 1o. anno 1466, and
lies interred in a fine sepulchre prepared
by himself, within the chapel of the said

TT is my chief desire, noble peers, that they

1 whose aims are at the good of all in general, might freely declare their minds, without offence to any one particular person. But, in our present circumstances, when the sense of things, delivered for the publick good, is wrested and turned to the reproach of those - private persons who speak them, it is a very difficult thing to observe such a mean between disagreeing heats and different opinions, as not to incur the offence of one of the parties. As for me, I will so temper and moderate my discourse, that no man shall com

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plain of me, without first confesing his own guilt: yet I shall use the liberty of speech, received from our ancestors, so modestly, that as, on the one side, I desire to preju. dice no man; so, on the other, neither, for fear nor favour, will I pass by any thing, which is of use in the debate before us. I see, 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 suffrages in a business concerning the safety of the whole kingdom ; so it is just and fit, that no man mould be excluded from the hopes of that honour, who seeks after it by honest and virtuous ways. The other is of such, who count it a great injury done to the Queen, who is so noble a princess, and so choice a womait, if she be not preferred before all others in the guardianthip of her son, and the administration of the government of the kingdom.

Of these two opinions I like the former • beft; and I will shew you my reasons for it by and by. In the mean time, I so far approve the mind of the latter, that they think it below the Queen's grandeur, that any single person Thould vye with her for this point of honour, left her authority, which ought to be, as in truth it is, accounted venerable, should be lessened by coping with inferiors. And indeed I would be wholly of their mind, if the dispute lay here, about the honour of one, and not the faluty of all. But seeing that we are, this di

yake a determination about whi

'ns the lives and fortunes

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of all private men, and the safety of the whole kingdom too, it is highly requisite, that all single interests and concerns whatsoever, should stoop and give way to this consideration : And therefore I earnestly advise those, who are of this opinion, so to consult the dignity of the Queen, as not to forget at the same time the reverence they owe to the laws, to the old customs, and to the universal good of their country. If they can shew, that it is lawful, and publickly expedient, that the guardian. fhip of the King, and the regency of the king: dom, 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 par• don me, if (always saying the majesty of the Queen, as sacred, so far as, by law, and the custom of our ancestors, I may) I do not con: ceal my opinion; or rather, if I speak out ihat with freedom, which it were the greatelt 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 les eminent for his wisdom and prudence, than for his military performances, and it was al. sented and yielded to by all the orders of the kingdom ; and approved of, even to this very day, by the constant observance of so many ages, “ That when the King happened to be

a minor, the estates, or parliament of the “ kingdom, should assemble, and chuse tome « one man, eminent for wisdom and power, " to be his guardian, and to govern the king, whilst he was yet unable to weild the Iceptes

with his own hands." Though this lay

in their heard the tulbands, were fubi

man was

ne admis | Tery day. constantly is to their though m

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Be referred to Kenneth, as the author of it; yet it seems to me, that he did not so much enact it first, as revive and confirm the antient custom of the Scots by a new fanétion, For our ancestors were so far from committing the supreme 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 such a name, of which they never had any occasion, and hoped they should never have any for the future? For those females whom other countries call Queens, we only call wives (or consorts) of our Kings; neither do we intitle them to any higher name ; for I guess, our wise ancestors had this: in their eye, that as often as these consorts; heard their names fubjoined to that of their husbands; they might remember, that they were subject to men: And therefore a woman was never admitted to the regency, or. the adminiftration of publick affairs to this very day. The same course hath been also. constantly observed in less magiftracies, both as to their appointment and executions. For though many honours, and some feignioriez. amongst them, have come by inheritance to tome women, by reason of their great: deferts from their country, and have also been alloted to them as dowries; yet it was ne. ver known, since the memory of man',. thao any woman did ever preside in any publick council, or in any court of judicature, or did ever take upon her any of those offices, which are appropriated to men: And truly,. fince Qur ancestors, though not bound by law. to

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