brought thither but that since her coming she had been used so courteously as she would not remember any more that injury Now this rape as afterwards came to be known was devised to secure the murtherers of the King For it being held sufficient by a custome commonly received that in remissions granted for crimes committed the most hainous fact being particularly expressed others of less moment might be comprehended in generall words they were advised to pass a remission for violence offered to the Queen and the laying of hands upon her person then to subjoyn And for all other crimes and nefarious acts whatsoever under which clause they esteemed the murther of the King might be comprised which otherwise was neither safe for them to express nor could the Queen with her honour pardon Thus did they think both that Bothwell himself should be secured and safety to all his partakers in the Murther Whilest the Queen was detained at Dumbar a divorce was sued for Bothwell from Lady Ieane Gordon his wife in two severall Courts In the one sate by Commission from the Archbishop of St. Andrews Robert Bishop of Dunkeld William Bishop of Dumblane Mr. Archibald Crawford Parson of Egilsham Mr. Iohn Manderstor Chanon of the Colledge Church of Dumbar Mr. Alexander Chrichton and Mr. George Cooke Chanons of the Church of Dunkeld In the other Court Mr. Robert Martland Mr. Edward Henryson Mr. Alexander Sim and Mr. Clement Little Judges constitute by the Queens authority in all causes consistoriall and in both Courts was the sentence of divorce pronounced but upon divers grounds In the Archbishops Court sentence was pronounced upon the consanguinity standing betwixt Bothwell and his wife at the time of her marriage they mutually attinging others in the fourth degree and no dispensation granted by the Pope for consummating the same In the other Court the sentence was grounded upon adultery committed by him which these Judges held to be the only lawfull cause of divorce both the processes were posted and such festination made in them as in the space of ten dayes they were begun and concluded The divorce passed the Queen came to the Castle of Edinburgh and the next morning Bothwell sent to ask his banes with the Queen The Reader Iohn Cairnes whose office it was did simply refuse thereupon Mr. Thomas Hepburn was directed to the Minister Mr. Iohn Craig to desire him to publish the same The Minister likewise refusing as having no warrant from the Queen and for that the rumour went that she was ravished and kept captive by Bothwell upon wednesday thereafter the Justice Clerk came unto him with a letter signed by the Queen wherein she declared that she was neither ravished nor detained captive and therefore willed him to publish the banes his answer was that he could ask no banes especially such as these were without the knowledge and consent of the Church The matter being motioned in the Session of the Church after much reasoning kept with the Justice Clerk it was concluded that the three next preaching dayes the Queens minde should be intimated to the people The Minister protested that in obeying their desire it should be lawfull to him to declare his own mind touching the marriage and that he should not be tied by that asking of their banes to solemnize the same The first preaching day falling to be friday in the hearing of divers Noblemen and Counsellors he shewed what he was enjoyned to do That he held the marriage betwixt the Queen and Bothwell unlawfull whereof he would give the reasons to the parties themselves if he might have hearing and if this was denied he said that he would either cease from proclaiming their banes or declare the cause of his disallowance in the hearing of all the people The same day at after-noon being called before the Councell and required by Bothwell to shew what reason he had to oppose his marriage he answered First that the Church had in the last Assembly inhibited the marriage of persons divorced for adultery Next he alledged the divorce from his wife to have proceeded upon collusion betwixt them which appeared as he said by the precipitation of that sentence and the contract made so suddenly after his divorce with the Queen Thirdly he laid to his charge the rape of the Queen and the suspicion of the Kings murhter which that marriage would confirm For these reasons he most gravely admonished him to surcease and leve that course as he would eschiew the wrath and indgnation of Almighty God He desired also the Lords present to advertise the Queen of the infamy and dishonour that would fall upon her by that match and to use their best means to divert her from it The Sunday following publickly he declared what he had spoken in Councell and that it seemed to him they would proceed in the marriage what mischief soever should ensue For himself he said that he had already liberated his conscience and yet again would take heaven and earth to record that he abhorred and detested that marriage as scandalous and hatefull in the sight of the world But seeing the great ones as he perceived did approve it either by their flattery or by their silence he would beseech the faithfull to pray fervently unto God that he might be pleased to turn that which they intended against Law reason and good conscience to the comfort and benefit of the Church and Realme These speeches offended the Court extremely therefore they fummoned him to answer before the Councell for passing the bounds of his Commission For the bounds said he of my Commission are the Word of God good Lawes and naturall reason and by all three I will make good that this marriage if it proceed will be hatefull and scandalous to all that shall hear of it As he was proceeding in his discourse Bothwell commanded him silence and thus was he dimitted Nottheless of this opposition the marriage went on and was celebrated the 15. of May by Adam Bishop of Orkney in the Palace of Halirudhouse after the manner of the reformed Church Few of the Nobility were present for the greater part did retire themselves to their houses in the Countrey and such as remained were noted to carry heavy countenances Monsieur le Crock the Ambassadour being defired to the feast excused himself thinking it did not sort with the dignity of his Legation to approve the marriage by his presence which he heard was so universally hated His Master the French King as likewise the Queen of England had seriously disswaded the Queen from the same by their Letters but she led by the violence of passion and abused by the treacherous counsell of some about her who sought only their own ends would hearken to no advice given her to the contrary Yet was it no sooner finished then the ill fruits thereof began to break out for the wonted acclamations and good wishes of the people were no more heard
notoriety of a crime which notoriety must onely be defined by the guilty persons being fugitive for the crimes or the declaration of an Assise or their excommunication for the same 4 That every Minister in his particular application have onely respect to the edification of his own flock and present auditory without expatiating in other discourses no way pertinent to their congregation 5 That every particular Presbytery be commanded to take a diligent accompt of the doctrine of their Ministers and see that they keep themselves within bounds in the premises 6 That summar excommunication be utterly discharged and that three lawfull citations at least of eight daies intervall betwixt every one of them precede the sentence 7 That no Session Prebytery or Synod use Censures upon any but those that are within their bounds otherwise their decreets and sentences to be null 8 That all summons contain a speciall cause and crime and none be used super inquirendis quod est merè tyrannicum 9 That no meeting or convention be amongst the Ministers without his Majesties knowledge and consent except the ordinary Sessions Presbyteries and Synods 10 That in the principall Burghs no Ministers be placed without the consent of his Majesty and the flock and this order to begin presently in Edinburgh 11 That all matters concerning the rest of his Majesties Questions be suspended and neither condemned nor rebuked either in pulpit or any other judicatory till the same be decided in the next Generall Assembly especially that no matters be called before the Ecclesiasticall judicatories as importing slander wherein his Majesties authority may be prejudged but that they meddle only with causes meerly Ecclesiasticall 12 That some wise and discreet Ministers to the number of seven or eight be authorised by Commission to reason upon the rest of the Questions when opportunity of time shall serve Lastly that the present Assembly grant Commission to the Ministers of the North Countrey to absolve the Earl of Huntley from his Excommunication if he satisfie the Church For the better determining of the said Articles it was thought meet that some brethren should be desired to conferre of them apart and report their opinions to the Assembly which they did the next morning Touching the first Article they said that they held it not expedient to make any law or act concerning that matter lest a door should be opened thereby to turbulent spirits otherwise they did think it lawfull to his Majesty by himself or by his Commissioners to propone in a Generall Assembly whatsoever point his Majesty desired to be resolved in or to be reformed in specie externi ordinis seeing substantia externae administrationis Ecclesiasticae est plenissimè prodita in sacris literis And as the Generall Assembly hath accepted well of this manner of doing in all times past so in their opinion they should doe the like in time coming For the second their advice was that the Acts already made which are hurtfull to Religion and prejudiciall to the liberty of the Word should be discharged and no Act thereafter past concerning Religion without the advice and consent of the Church As for matters of Estate mentioned in the Article they craved a further explanation of that point The third they esteemed reasonable that no mans name should be expressed to his rebuke in pulpit unlesse the fault was notorious and publick but they esteemed notoriety must be defined otherwise then by the three waies set down in the Article for contumacy after citation the publick commission of a crime such as was Bothwell's treasonable contempt at Leth the Burning of Dumebirsell and the like make also a notoriety As to the vive description said to be equivalent they thought it hard to set any law to that seeing every guilty person will think himself descrived when his fault is rebuked albeit the Minister doth not think of him The fourth and fift Articles they judged lawfull but for the sixth which craves a simple charge of summar Excommunication they advised to remit the same to the next Assembly suspending the practice thereof in the mean time the seaventh they thought likewise was to be remitted to the eighth they agreed and for the nineth that concerned the meeting of Pastors they said that besides Sessions Presbyteries and Synods Pastors are accustomed to meet for visitation of Churches admission of Ministers taking up of feods resolving of questions The tenth they esteemed reasonable the eleventh Article seeming to import a discharge of many points of discipline they said was so large that it could not be presently answered and the last two they remitted to the full Assembly judging that they ought to be granted These answers shewed to the King were not liked and held unsufficient whereupon the Assembly was desired to repair to the place where his Majesty and the Estates were convened for treating upon the foresaid Articles at their coming the King had a speech much to this purpose That they could not be ignorant either of the occasion or of his purpose in calling the present Assembly and for the occasion that it grieved him to remember it not for any injury or displeasure done to himself but for the shame and slander cast upon Religion for have not the adversaries said he too just a ground against us who say that our profession teacheth the contempt of Princes and maintains insurrections against them I know it is the fault of men and not of the profession and none of you that are met here I take to be guilty of the late attempt but it is in your hands to clear your selves if any think otherwise and so to free your profession of that scandall As for the purpose for which I have called you together at this time it is to mend such things as are amisse and to take away the questions that may move trouble afterward if you for your parts be willing to have matters righted things may yet go well I claim nothing but what is due to every Christian King within his dominion that is to be Custos vindex disciplinae Corruptions are crept in and more daily growing by this liberty that preachers take in the application of their doctrine and censuring every thing that is not to their mind This I must have mended for such discourses serve onely to move sedition and raise tumults Let the truth of God be taught in the Chair of truth and wickedness be reproved but in such sort as the offender may be bettered and vice made more odious To rail against men in Pulpit and express their names as we know was done of late there being no just cause and make the word of God which is ordained to guide men in the way of salvation an instrument of sedition is a sin I am sure beyond all other that can be committed on earth hold you within your limits and I will never blame you nor suffer others to work you any vexation The civill
desired in a King The priviledges and immunities granted by him to the Church do witnesse his piety for in a convention held at Forfare by an unanime consent of his Estates he ordained That all Priests should from thenceforth be exempted from paying tribute keeping watch and going in warfare That they should not be drawne before temporal Judges for any civil cause but that all matters concerning them should be decided by their Bishops the judgement of Matrimonial causes right of Tithes Testaments Legislatory actions and all things depending upon simple faith and promise should be committed to the Bishops with power to them to make Canons and constitutions Ecclesiastical to try hereticks blasphemers perjured persons and Magicians and censure such as they did finde delinquent in that kind And that all Kings succeeding should at the time of their coronation take oath for maintaining the Church in their liberties These favours had the Clergy in the following ages used with that moderation and equity which they ought we should not have seen nor felt the interruptions that have been made upon Church liberties with the incroachments which in our time have been justly complained of In this time lived that famous Scholar Ioannes Scotus called Aerigena from the place of his birth which was the town of Aire in the West parts of Scotland This man being very young went to Athens and followed his studies there some years attained to great perfection in the Greek Chaldaick and Arabick languages Returning afterward to France at the request of Carolus Calvus he translated in Laetine the work of Dionysius de coelesti Hierarchia at which Pope Nicolaus took exception and wrote to King Charles on this manner Relatum est Apostolatui nostro quòd opus Dionysii Arepagitae quod de divinis nominibus vel coelestibus ordinibus Graeco descripit eloquio quidam vir Joannes genere Scotus in Latinum transtulit quod juxta morem nobis mitti nostro debuit judicio approbari praesertim cùm idem Joannes licèt multae scientiae esse praedicetur olim non sanus in quibusdam frequenti rumore dicatur We have been informed that one called Iohn of the Scottish nation hath translated the work which Dionysius the Areopagite did write of the names of God or of the heavenly Orders into the Latine tongue which book ought according to the custome have been sent to us and approved by our judgement especially since the said Iohn albeit he be esteemed of good learning hath been of long time held to be unsound in certain points of doctrine Now the point which the Pope did chiefly quarrel was his opinion of the Sacrament for he had published a Treatise De corpore sanguine Domini wherein he maintained Bertram his doctrine of that point Scotus having knowledge of this and thinking he could not be safe in those parts because of the Popes dislike came into Britain and was welcomed by King Alfred a great favourer of learned men by whom he was employed to teach the languages at Malmsbury Abbey and by some Scholars who could not indure the severity of discipline was stabbed to death in the year 884. and buried in the same Abbey 4. Bishop Malisius dying Kellach the second the son of one Ferlegus succeeded in his place he was the first Bishop of this Kingdom that went to Rome to seek confirmation and lived to a great age for he sate Bishop 35. years In his time Constantine the third King of that name wearied with the troubles of a publick life renounced his temporal dignity and betook himself to solitude among the Culdees in St. Andrews with whom he spent his last five years and there died After this Killach these successively were Bishops 5. Malmore 6. Malisius the second 7. Alwinus who fate three years only 8. Maldwin the son of Gillander and 9. Tuthaldus In this time the coelibate of the Clergy was violently urged and married Priests thrust from their livings which raised great stirres in the Church but the particulars are not recorded nor the broyles which thereupon insued I read in the Antiquities of the Britannick Church that in the year 977. a Councel was gathered at Calne in Wiltshire for that businesse to which Beornellus a Bishop of Scotland was called by Alfrithe the widow of King Edgar who favoured the cause of married Priests This Bishop a man of great learning and eloquence is said to have defended the conjugal life of Priests by solid reasons taken out of Scripture and to have put all the opposites to silence But Dunstane the Archbishop who presided in that Councel when he saw that reason could not bear out the earand fell a threatning and said that notwithstanding all their arguments they should not carry away the victory which he had no sooner spoken then the beames of the house wherein they sate at Councel bursting asunder all were overturned and fell headlong to the ground many were bruised and some killed with the fall Dunstan himself only escaped without harm the beam whereon he stood remaining whole and entire Such as favoured the cause of Monks did interpret this accident to be a sentence given by God on their side others said that Dunstan had wrought this mischief by sorcery for many supposed him to be a Magician However it was the married Priests though repining were forced indeed to yield and submit themselves What became of Beornellus I read not nor whether he returned to his countrey The names of some other Bishops we have who were in good accompt at that time such as Blaanus Englatius Colmocus and Moveanus Confessor to King Kenneth the third a wise and valiant King and one who might have been reckoned amongst the best Princes if about his latter end he had not stained his fame with the murther of Malcolm his Nephew whom he made away by poyson but the ambitious desire he had to settle the succession in his own posterity let him to work this villany which he carried in so covert a manner as no man did once suspect him thereof the opinion of his integrity being universally great but as wicked facts can never be assured though possible they may be concealed his mind was never after that time quiet the conscience of the crime vexing him day and night with continual fears In end whether it was so in effect or if his perplexed minde did form the self such an imagination whilest he lay asleep he heard a voyce speaking to him in this sort Doest thou think that the death of Malcolm that innocent Prince treacherously murthered by thee is hidden from me or that thou shalt passe any longer unpunished No there is a plot laid for thy life which thou shalt not escape and whereas thou didst think to transmit the Crown firm and stable to thy posterity thou shalt leave the Kingdom broken distracted and full of trouble The King awaked with the voyce was
the Church is not to be feared 19. That in no case it is lawful to swear 20. That Priests may have wives according to the Ordinance of the old Law and that true Christians receive the body of Christ every day The maintainers of these Articles were by an opprobrious title called Lollards but whether or not they did hold all these opinions may well be doubted seeing we have them onely from the report of adversaries whose chief study was to make them and their doctrine odious and granting that they held the same we are not to wonder that in the first breaking up of the light men saw not the truth in every point considering the darknesse and grosse ignorance of preceding times For dispersing these Articles some thirty persons were cited before the Councel of whom the principals were George Campbel of Sesnock Adam Read of Barskining Iohn Campbel of Newmilus and Andrew Shaw of Polkennet The Archbishiop of Glasgow laying these things to their charge they answered all with such confidence as it was thought safest to dimit them with admonition to take heed of new doctrines and content themselves with the faith of the Church Of Shevez I find nothing said all this time onely that he departed this life at S. Andrews in the year 1496. and was buried in the Cathedral Church before the high Altar 36. Iames Stewart brother to King Iames the fourth was provided after Shevez to the See being yet very young and lived but a short space for he died at S. Andrews in the year 1503. his body was interred in the Cathedral Church amongst the Bishops his predecessors In an old Charter produced by one of the vassals I have seen him thus styled Iacobus sancti Andreae Archiepiscopus Dux Rossiae Marchio de Ormond Comes de Ardmannach Dominus de Brichen Never Commendatorius perpetuus Monasterii de Dunfermline ac Regni Scotiae Canâ—ellarius The Charter is dated in this manner Apud Ecclesiam nostram Metropolitanam sancti Andreâ— 7º die Mensis Februarii An. Dom. 1502. nostrarum administrationum quinto 37. To him succeeded Alexander Stewart base son to King Iames the fourth a youth of great hopes he died with his father in the unfortunate battle of Flowdon Anno 1513. and was much lamented by Erasmus Roterodamus under whom he had studied some yeares I finde him styled Chancellour of the Kingdome in one of the vassals Characters which is dated in the year 1512. 38. Three strong competitours fell then at strife for the place Gawane Dowglas Bishop of Dunkeld Iohn Hepburn Prior of S. Andrews and Andrew Forman Bishop of Murray Gawane Dowglas was nobly born for he was brother to the Earl of Angus and greatly esteemed for his vertue and learning He upon the Queens presentation who at that time governed all publick affairs possessed himselfe with the Castle of S. Andrews Hepburne a factious man and of great power procured the Chanons to elect him and under this colour expulsed Dowglas his servants fortifying the house with a Garison of souldiers Forman was provided by the gift of Pope Iulius the second and made Legatus à latere for by his many employments in France and at the Court of Rome he had gained to himself much credit But the Power of Hepburn was such as for a while no man could be found to publish Formans Bulls Alexander Lord Home who some write was Formans Uncle was at last moved by the dimission of Coldingham in favour of his brother David to take his part and coming to Edinburgh proclaimed the Popes gift and Formans Legation with great solemnity This Act divided the Homes and the Hepburnes who after that time were never in sound friendship Dowglas not willing to be seen more in that contention did quit his interesse leaving the quarrel to the other two who did pursue it both Hepburn posting to Rome laboured to have his election confirmed but prevailed not Forman because of his Legation was followed of the Churchmen for the most part and acknowledged by all the vassals of the See yet the jarring still continued untill the Duke of Albany his coming into the countrey who at his acceptation of the Regencyâ— brought them to a submission and pacified all these strifes distributing the Benefices in this manner To Forman he left the Archbishoprick of S. Andrews and Abbacy of Dunfermlin which was given him by the Pope in Commendam The Abbacy of Aberbrothock which Forman likewise possessed he gave to Iames Beaton Archbishop of Glasgow and Chancellour for the time The Prior Iohn Hepburn was contented with a pension of three thousand Crows which Forman was ordained to pay him during life and upon his brother Master Iames Hepburn was the Bishoprick of Murray bestowed Alexander Gordon Cousen to the Earl of Huntley was made Bishop of Aberdene Iames Ogilvy a brother of the house of Ogilvy Abbot of Drybrugh and George Dundass of the house of Dundass Commendator of the preceptory of Torphichen This partition did satisfie them all and so they were fully reconciled Some few years after Forman died at Dunfermlin where he was also buried A plain and open man but said to be profuse besides the Benefices he possessed in Scotland he was Archbishop of Burges in France by the gift of King Lewis the twelfth which did greatly increase his means 39. Upon the death of Forman Iames Beaton Archbishop of Glasgow and Chancellour of the Kingdome was translated to S. Andrews Master Gawane Dumbar to whose instruction the young King was committed was preferred to this place The troubles of the time were great because of the minority of the King and therein this Bishop had not the least part being chased from the Court and from his own dwellings glad to lurk and shift himself a long time from place to place amongst friends to eschew the violence of the Dowglasses who had setled themselves about the King and swayed all affaires at their pleasures But it was not long ere he made even with them The Queen-mother who had taken the Earl of Angus to her husband falling into dislike of him and pursuing a divorce in the Bishops Court which she easily obtained Thereupon the young King his escape from the Dowglasses and their exile in England at which time the Bishop was reponed to his office and place seventeen years he lived Bishop of this See and was herein most unfortunate that under the shadow of his authority many good men were put to death for the cause of Religion though he himself was neither violently set nor much solicitous as it was thought how matters went in the Church The first that was called in question was Master Patrick Hamilton Abbot of Ferm a man nobly descended for he was Nephew to the Earl of Arrane by his father and to the Duke of Albany by the Mother and not much past twenty three yeares of age This young
Lord Iesus receive my spirit His body was quickly consumed for the fire was vehement but the patience and constancy he shewed in his dying stirred up such compassion in the beholders as many of them doubted not to say that he suffered an innocent and was indeed a true Martyr of Christ. This opinion was further confirmed by the death of Frier Campbell and the manner of it for within a year and lesse he fell into a phrensie and died as one desperate The rumor of this execution stirred up some in all the quarters of the Kingdome to enquire of the reasons of his suffering and what the articles were for which he was condemned by the inquisition whereof many were brought to understand and apprehend otherwise of the truth of things then formerly they did In the University it self was left so deep an impression of his Doctrine as could not afterwards be extinguished yea divers of the Friers fell after this time openly in their Sermons to condemne the errours and abuses of the Clergy Frier Alexander Seaton one of the Dominican Order a man reasonably learned and for the time Confessor to King Iames the first preached ordinarily at S. Andrews all the Lent following where taking for his subject the Commandements of the Law he did insist much on these points That the Law of God is the onely rule of righteousnesse That if Gods Law be not violated no sin is committed That it is not in mans power to satisfie for sin and that the forgivenesse of sin is no otherwise purchased then by unfeigned repentance and true faith apprehending the mercy of God in Christ. Of Purgatory Pilgrimage prayer to Saints Merits and Miracles which was the usuall matter of Friâ—rs Sermons not a word he spoke whereupon he grew to be suspected as one inclining to heresie About the end of Lent upon some occasion he went to Dundy and being there was advertised that another of his Order was set up to resute the points of Doctrine he had taught which moved him to return to S. Andrews and confirm the same points which he had formerly delivered adding somewhat besides of the vertues requirâ—d by the Apostle in a good and faithfull Bishop Thereupon he was called before the Bishop and charged to have affirmed in his Sermon that a Bishop should be a Preacher and that the Bishop who preached not was a dumbe dogge and one that fed not the flock but his own belly The Frier answering That he had said indeed that S. Paul required a Bishop to be a Teacher and that Esay called them dumb dogges who did not preach but that he himself had affirmed nothing I declared said he what the Spirit of God said with whom if men offend not they cannot justly offend with me and those that have reported my speeches seem to be unlearned affes who cannot put a difference betwixt that which Esay and S. Paul speaks and that which of my self I speak I never said that you my Lord and the other Bishops who preach not are dumb dogges I onely told what the Prophet and the Apostle said in that case This answer galled the Archbishop exceedingly yet knowing the man to be one of an audacious and bold spirit he dissembled his anger minding to bring him in discredit with the King which was easily wrought because of the liberty the Frier used in reproving the Kings licenciousnesse So perceiving the Kings countenance altered towards him and fearing some danger if he should stay any more at Court he fled to Berwick and from thence wrote unto the King shewing the cause of his sudden departing to be the fear he conceived of the authority of the Bishops who had behaved themselves as Kings and would not admit any man of what state or degree soever he was if once they did account him an heretick to speak in his own defence Notthelesse for himself he offered to return and justifie his cause so as he might have audience Withall he advertised the King that it concerned him in duty to see that every one who is accused of his life be permitted to use his lawful defences for howsoever the Prelates held that such matters belong not to the cognition of the Prince he would make the contrary manifest by their own lawes if he should be once heard Wherefore he besought his Highnesse not to be led any more by their informations but to use the authority committed unto him by God and not to suffer these Tyrants proceed against him till he was brought to his answer which he would not refuse to give so as he might be assured to do it with the safety of his life This letter receiving no answer after he had stayed a while at Berwick he went to London and became Chaplain to Charles Duke of Suffolk in whose service he died In the book of Martyrs I read that Gardiner Bishop of Winchester by his crafty and subtle perswasions induced him to make a recantation of sundry points at Pauls Cross but what his belief was of most of the Articles of Christian faith it appeareth by the Treatises he left behinde him his examination by Gardiner and Bonner which he likewise published discovering the policies they used to circumvene him doth testifie his constancie in the truth and that he never denied any point which formerly he had taught Soon after his flight one Henry Forrest was delated for saying that Master Patrick Hamilton died a Martyr and thereupon was brought to S. Andrews but because the probation was not clear enough Frier Walter Lainge was appointed to confesse him The simple man that feared no harm being asked by the Frier what was his judgement of Master Patrick answered That he esteemed him to be a good man and that the Articles for which he was condemned might well be defended This confession revealed by the Frier was taken for a sufficient evidence and the poor man condemned to be burnt as an heretick As he was leading out to be degraded he complained grievously of the Frier who had betrayed him crying out Fie on falshood fie on false Friers revealers of confession Never let any man trust them after me They are despisers of God and deceivers of men And when they were taking from him his Orders for he was of the Order of the Bennet and Collet as they used then to speak he cried aloud Take not onely from me your Orders but your Baptisme also So being carried to the place of execution which was appointed to be at the North stile of the Abbey to the end the hereticks of Angus might see the fire he suffered death most constantly Whilest they were consulting upon the manner of his execution one Iohn Lindsay a plain and simple man who attended the Bishop gave advice to burn him in some hollow cellar for the smoke saith he of Master Patrick Hamilton hath infected all those on whom it blew Yet the persecution still
the Ministers of Christ should be silenced upon any occasion much lesse that the true service of God should give place to superstition and idolatry Wherefore they humbly requested as often they had done liberty to serve God according to their consciences and did beseech her to remove the French soulders otherwise there could be no firm and solid peace The Queen hearing all replied only that she wished there might be peace but to none of the points proponed made she any direct answer Whereupon the Noblemen resolved to bide together at Edinburgh and not depart till matters were fully composed Newes in this time were brought of the French King Henry the second his death which put the Lords in some better hopes but withall made them more carelesse for divers as though nothing was now to be feared did slide away to attend their private affaires and they who remained expecting no invasion lived secure keeping neither watch nor ward as if there had been no enemy to fear The Queen on the other side became more watchful observing all occasions whereby she might weaken the faction and assure her self So getting notice of the solitude which was at Edinburgh she hasted thither with the companies she had The Lords advertised of her coming grew doubtful what to do for howsoever they might save themselves by flight they saw the town by their retiring should be lost and the Church which in some good fashion was then established be utterly cast down therefore with the small number they had they issued forth of the town and putting themselves in order stood on the East side of Craigingate to impede the approach of the French The Duke and Earl of Morton who were gone that morning to meet the Queen and give her the convoy laboured to compose things but prevailed not onely that day they kept the parties from falling into an open conflict The next day when the Queen which lay all that night at Leith prepared to enter into the town by the West port and that the Lords were advancing to stop her in the way the Lord Areskin who untill that time had carried himself a neuter threatned to play upon them with the Canon unlesse they suffered the Queen to enter peaceably and without trouble This it was supposed he did to make them accept the conditions of truce offered the day before which they seeing no better way were content to yeeld unto The Articles were as followeth 1. That the Congregation and their adherents the inhabitants of Edinburgh only excepted should depart forth of the town within the space of twenty four houres to the end the Queen Regent and her companies may enter peaceably in the same 2. That the Congregation should render the Palace of Halirudhouse with all the furnishing they found therein redeliver the Minthouse and Printing Irons the next morning before ten of the clock and for observing this and the former Article the Lord Ruthven and Laird of Pittarrow should enter as pledges to the Queen 3. That the Lords of the Congregation and all the members thereof should remain obedient subjects to the King and Queens authority and to the Queen Regent as governing in their place observing the lawes and customes of the Realm as they were used before the raising of this tumult in all things the cause of Religion excepted wherein the order after specified should be followed 4. That the Congregation should not trouble nor molest any Churchman by way of deed nor make them any impediment in the peaceable enjoying and uplifting their rents and that it should be lawful for them to dispone and use their benefices and rents according to the lawes and customes of the Realm untill the tenth of Ianuary next 5. That the Congregation should use no force nor violence in casting down of Churches religious places or defacing the ornaments thereof but the same should be harmlesse at their hands untill the tenth of Ianuary next 6. That the town of Edinburgh should use what Religion they pleased untill the said day and none of the Subjects in other parts of the countrey be constrained against their mindes in matters of that kind 7. That the Queen should not interpone her authority to molest the Preachers of the Congregation nor any other their members in their bodies lands possessions pensions or whatsoever other kind of goods they enjoyed nor yet should any spiritual or temporal Judges trouble them for the cause of religion or other action depending thereupon untill the said tenth of Ianuary but that every man should live in the mean time according to conscience 8. That no man of Warre French or Scottish should be put in Garison within the town of Edinburgh only it should be lawful to the souldiers to repaire thither for doing their lawful affairs which done they should retire themselves to their proper Garisons This truce and the heads thereof published the Lords departed towards Striveling leaving Iohn Willock Minister to serve in the Church of Edinburgh As they departed the Duke and Earle of Huntley met with them at the Quarry holes promising if any part of the appointment should be violated to joyn all their forces for expulsing the French out of the Realm and indeed the Queen was then more careful nor in former times she had been to see that no breach should be made howbeit many wayes she went about to reestablish the Masse and bring the favourers of Religion in contempt In Edinburgh she employed the Duke the Earl of Huntley and Lord Seaton to deal with the Magistrates and Councel of the Town that they would appoint some other Church then S. Giles where their Minister might preach reserving that Church to her use and for the exercise of the Masse The Magistrates answered That S. Giles Church had been the ordinary place of their meeting to Sermon and other Religious Exercises and could not be taken from them without a manifest breach of the truce seeing by one of the Articles it was provided that the Preachers of the Congregation should not be molested in any thing they possessed at the making of the appointment Huntley replying That the Queen meant to keep all conditions and desired this onely of their favour or if they would not change the place of their preaching that at least they would permit Masse to be said either before or after Sermon in the Church of S. Giles They answered That they were in possession of that Church and would never consent that Idolatry should be there again erected or if men would do it violently they behoved to suffer and would use the next remedy This being refused another device was invented that the French Captains with their souldiers should in time of Sermon and prayers keep their walkes in the Church and trouble the exercise so much as they could This they thought would enforce them to make choice of a more retired place for their Sermons or then irritate the people
true cause of inbringing the said forces whereas if suspicions and jealousie could be removed she would be well pleased to dimit them for it grieved her much to see the troubles that were in the Countrey neither desired she any thing more then a perfect peace and reconciliation wherein she requested his assistance praying him to keep faith and kindness to his sister who trusted more in him then in any man living and to shew her what he desired for his own particular and she would faithfully the same should be performed to his contenment By such policies as these she laboured to disunite the Lords but the love of the cause and their own safeties which they apprehended to consist in their fastnesse and fidelity to others kept them together The many breaches they had also found begat in them such a distrust as nothing though never so truly meant could be believed his answer therefore was That in the matter proponed to him he could say nothing by himself for they had all taken oath to have no private dealing with her or to make any several addresse for themselves which for his own part he would keep unviolate and how soon the Noblemen were convened he would shew what was written unto him and leave nothing undone that served to establish peace in the Realm provided the glory of God was not interessed neither doubted he if she were found as tractable as by her letter she professed but she would obtain of the rest that which might in reason content her Further he said that he had communicated to her servant some things that misliked him in her proceedings with a true heart which he wished of God she and all men knew When as Queen Regent perceived these means could not divide them she gave forth a new Proclamation of this tenor That whereas the Duke of Chattellerault had directed his missives unto all the parts of the Realm informing that the French men lately arrived were begun to plant in Leth for the ruine of the Common-wealth and that the fortification made there was a purpose devised in France to bring the subjects under servitude which he and his partakers could not patiently endure she esteems it needful for the manifestation of her proceeding since the last appointment to make the Declaration following First that divers of the Congregation and those not of the meanest sort had violated the said appointment in sundry heads yet she in hope that they would have returned to their duties did connive at many things and took no notice of their doings till of late having perceived by their frequent messages to and from England and by the defection of many great personages from her obedience that there was some other purpose in hand then the establishing of Religion she was forced to have her recourse to the law of nature and as a bird that is pursued will provide a nest for it self and for her followers for which cause she had made choice of the town of Leth as a place most convenient being her daughters property whereunto no person could lay claim a place fortified of old and such as made best for her safety Further she said that it was not religion that they sought but a meer rebellion they were entred into against their Soveraigns as appeared by many evidences First by the taking of Broughtie Castle and expulsing the Keepers thereof by some of the Congregation Next by the contempt of the offer made by her self unto the Lord Duke when he complained of the fortification of Leth that if they would cause amend the wrongs committed against the Lawes of the Realm she would do what in reason they could require Thirdly by the charges he had sent to the free Burghs to chuse such Magistrates as they thought would assist them in their purpose And fourthly by the witholding of provision against all humanity from her and from her family All which things to those that had any eyes made more then manifest that it was no other but a plain usurpation of authority they went about the particulars whereof she had certainly understood it being detected unto her that the Earl of Arrane had joyned with the Congregation for no other end and that the Crown was promised by them unto him yet she no way doubting of the subjects good affection and that they would when need should be stand in defence of their Soveraigns right against all pretenders thought meet to give them warning of these practices and prohibit the Lieges to put themselves in Armes or take part with the Duke and his assisters c. Monsieur Pellence Bishop of Amiens he was afterwards Archbishop of Sent and created Cardinal arrived about this time at Leth accompanied with three Doctors of Sorbon Doctor Furmer Doctor Brochet and Doctor Ferretier Monsieur le Broche a French Knight gave them the convoy with two thousand foot The Doctors gave out that they were come to dispute with the Preachers of the Congregation The other two pretended a Legation and sent to some of the Nobility resident at the time in Edinburgh to desire a hearing It was answered That they came not as Ambassadours but as enemies to bragge and threaten them with Armes otherwise they needed not have brought so many armed souldiers in their company If they meant to treat with weapons in their hands they would likewise fortify themselves and make it seen that they were not moved to any thing by compulsion but guided by reason nor would they have them think they were sorude and ignorant as to fall in reasoning with adversaries that might force them to conditions at their pleasure Wherefore if they desired peace and quietnesse as was pretended it should be fittest to dimit these for ain souldiers and seek to have matters composed according to reason and Justice This answer given there was no more heard of the Legation nor of the Doctors disputes The Lords in the mean time published a Declaration answering the other lately made by Queen Regent wherein first they declared That as they had often complained of the inbringing of French souldiers and the manifold oppressions done by them so they could not but seek redresse thereof by all means in regard the same tended to an open conquest of the countrey and the laying upon their necks an intolerable servitude for whereas the Queen did pretend the defection of divers great Personages from her obedience and the frequent messages to and from England to be the cuase of their inbringing it is well known that before the arrival of these strangers there was no such defection but all lived peaceable and obedient according to the appointment made by her self And for the Messages to England time will make manifest that the support craved was to no other end but to maintain Religion and suppresse idolatry wherein they think they have done nothing against their duties it being lawful for them where their own power faileth to seek help and
assistance wheresoever they may have it Next touching the convenience of Leth for a place of fortification they grant it is a port very fit to receive strangers but had the Queen intended no more then her own security Dumbar Blackness and other forts already built would have better served to that use And where she called Leth her daughters property they answered that it was notoure the summes payed to the Laird of Restalrig Superiour of Leth were disbursed by the inhabitants and a large taxation given to her self upon promise that their town should be erected into a Burgh royal in place of which some of the indwellers were expulsed from their own houses others robbed of their substance and all that chused to remain there kept in such fear and terrour as in effect they esteemed nothing their own Neither was this only done to those that professed themselves reformed but to all the inhabitants indifferently which shew clearly that the French did mind nothing lesse then to subdue the whole nation if it lay in their power And where it was said that the town of Leth was fortified of old the same was never done without the consent of the Nobility and Estates of the Realm whereas the present fortification was made expresly against their wills signifying to her in writing Concerning the Earl of Arrane and their purpose to place him in authority they took God to record that the same never entered into their hearts and that neither the said Earl nor any pertaining unto him did ever move them in such a matter which if they had done they were not so foolish as to promise that which afterwards they must needs have repented Then for the particulars adduced to qualifie their intended rebellion they answered that the taking of Broughty was to prevent the danger that might have ensued if the French should have planted tin that place as they had done at Leth whereof the conjectures were not obscure As to the Dukes misregard of her offer they did remit the truth of that to the report of the persons imployed by her self Further it was said that they had directed charges to the free Burghs to elect Magistrates at their appetites and truth was that some towns askt their advice in this businesse and that the answer given them was that if they elected such as feared God and loved equity and justice they could not erre in their choice But that she should object this seemed strange seeing it was known that she her self did force the town of Edinburgh to take Magistrates of her appointment and against their own liking Lastly for the impeding of necessary provisions to her and her family they utterly denied the same only they had taken order to stay the furnishing of strangers that oppressed the countrey with victuals and did forthink the same was not sooner and more strictly done concluding that seeing nature did oblige them to love their countrey and the oath they had given to be true to the Commonwealth forced them to hazard whatsoever God had given them in defence thereof they being Counsellors of the Realm by birth could not forbear to seek that by force of Arms which hitherto had been denied them Therefore required all natural Scottish men to judge between the Queen and them and not to abstract their just and dutiful support from their native countrey in so needful a time assuring them who did otherwise that they should be esteemed betrayers of the Kingdome into the hands of strangers This Declaration made the Lords assembling their forces came to Edinburgh the eighteenth of October and on the same day Queen Regent by the counsel of the French men entered into Leth with the Bishops of S. Andrewes Glasgow Dunkeld the Lord Seaton and some others The day following they sent a letter to the Queen declaring how they were convened to see a redresse made of the great disorders that were in the Realm especially to have the town of Leth made patent for the free traffique of the subjects and desiring her to command all the strangers and mercenary souldiers to depart forth of the same and to cause the forts to be demolished which were newly erected otherwise they would take it for an argument that her meaning was to bring the Kingdome into servitude against which mischief they would provide by the best means they could The messenger who carried this letter after he had been detained a whole day was dismissed without answer Mean while the rumour increasing of the Duke his usurpation of the authority he thought it necessary to make a publick purgation as he did at the Mercat Crosse of Edinburgh by sound of Trumpet protesting both for himself and for his sonne the Earl of Arrane that none of them did seek any preheminence nor meant to usurp the authority Royal but that they were convened with the rest of the Nobility to maintain the cause of Religion and liberty of their native countrey invaded by strangers which he desired all men to believe and not to be carried with the false and malicious reports of enemies devised onely to withdraw the hearts of natural Scottish men from the succour they owed to their oppressed countrey Two dayes after Robert Forman Lion Herald was directed by Queen Regent to the Lords with this writing After commendations we received your lette of the date at Edinburgh the 19. of this instant which to us appeareth rather to have come from a Prince to his subjects then from subjects to those that bear the authority for answer whereof we have sent unto you this bearer the Lion Herald King of Armes sufficiently instructed with our mind to whom you shall give credit At Leth the 21. October 1559. The credit as the Herald related the same was this First he shewed the Queen did think it strange there should be any other to command within the Realm besides her daughter and her husband in fomer times had been given just causes of suspicion so now she perceived clearly by the contents of the last letters they did not acknowledge any authority superiour to themselves in the Kingdome Next he was desired to ask the Duke of Chatteller ault how his doings did agree with his words and writing whereby he promised not only to obey the King himself but also to keept his sonne of the Earle of Arrane from medling with the present broyles and tumults of the countrey Thirdly in answer to their letters he was willed to say that it never came in her minde to overthrow the liberty and lawes of the Realme much lesse to make a conquest of it for to whom should she seek the same it being her daughter by right and she already possessed thereof nor could they think her so unnatural as to bereave her own childe of the Crown and acquire it to another As to the fortification of Leth and entertaining of strangers he was bidden ask if any thing in that kind was by her attempted
right and reason surely I my self would never think my estate assured if once my successor were known to the world This is the summe of that which passed at this second audience Not many days after getting accesse he askt the Queen what answer she would give to the Nobility she said At this time I have no answer to give but that I approve the affection and sedulous care they have of their Soveraigns good estate but the matter is of such weight as I cannot on a suddain or directly answer it When your Queen shall perform her promise concerning the treaty of Leth it will be time to require a proof of my affection towards her till then I cannot with safety of mine honour gratify her in any thing Lethington replied as before that he had no Commission in that businesse and that in the matter of succession he had shewed more his own judgement then the mind of the Queen his Mistresse for he could never think the confirmation of the treaty of Leth to be a thing of that importance as for the delay or refusal of that the Queen of Scots and her posterity should be excluded from the succession of the Crown of England Neither will I now saith he enquire by whom that treaty was concluded at what time in what manner by what authority and for what cause it was done for I have no warrant to speak of these things but this I dare affirm that albeit the Queen following her husbands direction had ratified the treaty she should have found her self thereby so farre interessed as she would doubtless used all means to free her self of the same And this I say not in the Queens name but only to make it seem that our Noblemen have reason to travel that all debates and controversies may cease and a firm and perpetual peace may be established This and some other speeches interchanged amongst them touching the treaty moved the Queen of England to agree that the same should be revised by some Commissioners and corrected after this form That the Queen of Scots should thenceforth abstain from using the English Armes and from the titles of the Crown of England and Ireland during the life of Queen Elizabeth and her posteriy That on the other part the Queen of England should oblige her self and the children begotten of her to do nothing in prejudice of the Queen of Scots her succession These were the things acted in this legation Now at home the Queen keeping a progresse in the countrey went from Edinburgh to Striveling from thence to Perth Dundy and S. Andrews and other special Burghs where she was received with much honour and triumph returning to Edinburgh a little before the feast of Michaelmas at which time the Burgesses are wont to elect their annual Magistrates and to set down statutes for the good of the town amongst other acts one was published inhibiting that any adulterer fornicator drunkard Masse Priest or obstinate Papist should be received in the town under such pains as the law did prescribe The Queen interpreting that to be an usurpation of royal power did commit Archibald Douglas Provost to the Castle of Edinburgh charging the Councel of the Town to make a new election which they obeyed chusing Mr. Thomas ... in his place A Proclamation was likewise made granting liberty to all good and faithfull subjects to repair and remain within the Burgh at their pleasure for doing their lawfull and ordinary business These things ministred great offence who seeing the Queen take more liberty then she did in the beginning keeping her Masses more publick and causing them to be celebrated with a greater pomp did mightily complain thereof in their Sermons but profited little for some of the Noblemen who had in former times shewed themselves most jealous against the toleration of idolatrie were grown a little more cold by the flatteries of Court and all of them emulous of others greatness were striving who should be in most favour with the Queen She had some while before this taken to be of her privy Councell the Duke of Chattellerault the Earls of Huntly Argile Atholl Morton Marshall Glencarn Montrosse and Arroll Lord Iames her brother the Lord Ereskin and Mr. Iohn Lesly Bishop of Rosse Huntly was created Chancellor one that in matters of religion had behaved himself very unconstantly and to win the Queens favour was now become altogether Popish This animated the Priests and others of that faction which before were quiet and put them in some heart One Ninian Winyet Schoolmaster at Linlithgow a man of reasonable learning set forth a Book of questions against the confession of Faith which went currant in the Court and was much esteemed by them of his Profession Being cited and divers conferences kept with him to make him acknowledge his errors he continued obstinate and was therefore sentenced by the Church wherefore he forsook the Countrey and flying to Germany was preferred to be Abbot of the Scottish Monastery at Ratisbone where he lived many years The Abbot of Corsragnell in the West published about the same time another Faith Whereunto Iohn Knox having made a reply and the Author in regard of his age and quality of birth for he was of the house of Cassils was thought fit to be overseen Mean while the Court was busied in a consultation how to supply the charge of the Queens house which the ordinary revenues of the Crown could not so honourably maintain as was required Divers being thought upon the readiest seemed to fall upon the Church rents and draw somewhat from the Prelates and beneficed Persons To this purpose they were convened before the Councell and after a long Treaty and many perswasions used considering with themselves how they subsisted merely by the Queens favour and that by refusing a part they might endanger the whole they were induced to yield the third part of their benefices to be disposed of at the Queens pleasure and assumed forth of what places her Collectors should choose her Majesty securing them of the two parts during their lives and liberating them of the Ministers with whose maintenance they were continually boasted It carried some shew of commodity this at first but turned to little or nothing the Prelates and beneficed men undervaluing their rents and making up a third which did afterwards when the number of Ministers increased scarce suffice to their provisions Much about this time a rumour was raised in the Court and went a while uncontrolled that the Earl of Arran intended to ravish the Queen whom he was known to love most passionately She whether counterfeiting a fear or that there was any cause given that way it is not known did leavy a guard of horse and foot to attend her person which put divers in fear and opened the mouths of discontented people as if some grounds of tyranny had been thereby laid But she not regarding these surmises and
whether all they that had taken Armes against the King and not sued for pardon should be forfeited or if sentence should be given against a few only to terrify the rest and hope of favour left unto others upon their obedience Secretary Lethington who did secretly favour the other faction maintained the calmest course to be the best and by the perswasions he used wrought so as the processe against the better sort was continued and some of meaner note only proscribed which was interpreted even as the Regent conceived to proceed of fear and not of a mind to reclaim them The Earl of Rothes only of all the Noblemen of that side reconciled himself accepting three years exile for his punishment Some others of meaner sort the Regent received into favour and such as stood out he pursued by force of Armes making an expedition into the countries of Nidisdale Annandale and the lower parts of Galloway where he put Garisons in the Castles and strong Forts that were judged necessary to be kept others he demolished threw to the ground and had in a short space as it was thought reduced the whole countrey to his obedience if he had not been stayed by other letters by the Queen of England for the offending that he should have gone on in that manner whereas she had willed him to deferre all things till she was informed of the whole cause sent by one of her servants called Middlemore a sharp letter unto him declaring that she would not endure the sacred authority of Kings to be in that sort abused at the appetite of factious subjects and howsoever they had forgot their duties to their Soveraign she would not neglect her sister and neighbour Queen Therefore willed him to direct certain Commissioners to enform her how matters had passed men that could answer the complaints made by the Queen of Scotland against him and his complices which if he failed to do she would restore her to her Kingdome with all the power she could make The Regent took it grievously that matters determined in Parliament should be brought again in question and to plead before forain Judges he held it dishonourable yet considering the adversaries he had the Cardinal of Lorain abroad who swayed all things in the French Court and at home many of the Nobility and that if he did offend the Queen of England his difficulties should be every way great he was glad to yield to the conditions required though against his will Thus it being condescended the Commissioners should be sent when as they could not agree upon the persons the principal Noblemen refusing the imployment the Regent himself offered to undertake the journey and to accompany him choice was made of the Bishop of Orkney and Abbot of Dunfermlin for the spiritual estate of the Earl of Morton and Lord Lindesay for the temporal and of Mr. Iames Macgill and Mr. Henry Balnaves Senators of the Colledge of Justice besides these there went with him Secretary Lethington and Mr. George Buchannan The Secretary had long withstood the sending of any Commissioners thither and simply refused to go in that journey yet the Regent not holding it safe to leave him at home whom he knew to be a busie man and a practiser under-hand with the other party did insist so with him as in end he consented The Commission was given in the Kings name under the Great Seal to the Regent the Earl of Morton the Bishop of Orkney the Abbot of Dunfermlin and Lord Lindesay or to any three of them for convening with the deputies of the Queen of England at York or any other place or places they should think expedient there to make plain and ample declarations to them I keep the very words of the Commission for informing his good sister of the true causes whereupon divers of the Nobility and good subjects during the time that the Queen his Mother was yet possessor of the Crown took occasion to put on Armes to take detain and sequestrate her person for a time with all causes actions circumstances and other their proceedings whatsoever towards her or any other subjects of the Realm since that time unto the day and date of the said Commission or that should fall out untill the return of the said Commissioners whereby the Justice of their cause and honourable dealing might be manifested to the world As likewise to commune treat determine and conclude with his said sister or her Commissioners having sufficient authority upon all differences causes or matters depending betwixt the subjects of either Realm or for further confirmation or augmentation of any treaty of peace heretofore made and concluded betwixt the Realms or for contracting and perfecting any other treaty or confederation as well maintenance of the true Religion publickly professed by the inhabitants of both the Realms as for resisting any forain or intestine power that might be stirred up within the same to disturb the present quietnesse that it hath pleased the Almighty God to grant unto both the Kingdomes in the unity of the said Religion and for increase of amity peace and concord betwixt him and his said sister their Realms dominions people and subjects And generally to do and conclude all things which by them or any three of them should seem convenient and necessary for the premises or any part thereof promising to hold firm and stable c. This Commission is of the date aâ— Edinburgh the 18th of September 1568. In Iuly preceding there was an Assembly of the Church kept at Edinburgh wherein Mr. Iohn Willock Superintendent of the west being elected to moderate the meeting made difficulty to accept the place unlesse some better order was observed then had been in former times for even then the multitudes that convened and indiscreet behaviour of some who loved to seem more zealous then others did cause a great confusion Obedience being promised by the whole number he assumed the Charge And there it was enacted That none should be admitted to have voice in these Assemblies but Superintendents Visiters of Churches Commissioners of Shires and Universities and such Ministers as the Superintendents should chuse in their Diocesan Synods and bring with them being men of knowledge and able to reasâ—n and judge of matters that should happen to be proponed And that the Assembly should not be troubled with unnecessary businesse it was ordained That no matters should be moved which the Superintendents might and ought to determine in their Synods Some Acts of discipline were also concluded as that Papists continuing obstinate after lawful admonitions should be excommunicated and that the committers of murther incest adultery and other such hainous crimes should not be admitted to make satisfaction by any particular Church till they did first appear in the habit of penitents before the general assembly and there receive their injunctions A supplication also was put up to the Regent and Councel wherein amongst other
is apparent that wickedness did never reign more and with lesse controlment in the Realm murther bloodshed with theft and robbery every where abounding policy destroyed Churches thrown down honourable families ruinated and true men bereft of their goods for satisfying the souldiers hired by them to maintain the Regents usurped government the like whereof hath not been seen nor heard for many ages before In regard whereof they in behalf of the Queen of Scotland their Mistresse did earnestly request the support and assistance of the Queen of England her cousin for restoring her to her Crown and suppressing the rebels that had attempted against her The English Commmissioners having perused the writings of both sides declared that as yet they were not satisfied with any thing the Regent had shewed requiring him to produce some better and more sound reasons for the severity they had used against their Soveraign otherwise they could not but think she had been too hardly dealt with and report so much to the Queen their Mistresse The Regent who disliked nothing more then to be drawn into the accusation of the Queen his sister answered that he could not be more particular till he should be assured that the Queen of England would undertake the protection of the young King and relinquish the cause of his Mother The Commissioners replying that they had no warrant to promise any such thing he besought them to try the Queens mind that her pleasure being known he might sooner resolve what to do Letters hereupon was sent to the Queen who willed the Regent to direct some one or moe of his side to Court for her better information To this effect Secretary Lethington and Mr. Iames Macgill Clerk of the Rolls were sent thither with whom the Queen having conferred a little time she gave order to recall her Commissioners and advertise the Regent himself to come unto her At his coming the Queen laid to his charge the proceeding against his sister the Queen of Scots saying that she did not see how he and the rest of his faction could well be excused and that unlesse matters were better cleard on their parts she could not deny the help and assistance that was required at her hands The Regent according to the condition proposed at York answered That if she would take upon her the defence of the King they should be more particular in their reasons for rejecting the Queens authority and clear every thing they should speak sufficiently otherwise to accuse his sister and Queen would be held odious in the judgement of all men Whilest these things were a doing in England the Queens faction at home sought all occasions to make trouble abusing the popular sort with rumours they dispersed Sometimes giving out that the Regent was made prisoner in the Tower At other times that he had promised to subject the Kingdom of Scotland to the English to deliver the young King to be brought up in England and put all the forts and strong holds in the Realm in their hands Nor was any man more busied in dispersing such lies and using all means else for stirring up tumult then Sir Iames Balfour instigated thereto by advertisement from the Secretary as was commonly thought For by his advise it was that the Scottish Queen at the same time sent Commissions of Lieutenandrie to divers Noblemen for erecting again her authority like as all the while he remained in England he did ever keep intelligence with the Bishop of Rosse and others the Queens agents and was one of the chief plotters of the match intended betwixt her and the Duke of Norfolk which came shortly after to be detected The Regent who was not ignorant of these secret workings did finde there was a necessity of his returning home to prevent the commotions that were breeding before they grew into a greater ripeness and fearing to offend the Queen of England if he should depart without giving her satisfaction in the particulars she desired to be informed of touching the Queen of Scots resolved to do it but with a protestation which he presented in writing to the Councell at Westminster the 28. of November in this form Albeit our whole proceedings from the beginning of our interprise directed onely for the punishment of the King murther and the purging of our Nation from the scandall of that abominable fact may let the world see how unwilling we have been to touch the Queen our Soveraign Lords Mother in honour or to publish unto strangers matters tending to her infamy yet shall it not be amisse upon the present occasion to shew briefly what hath been and still is our meaning therein Such and so great was our devotion toward her as well for private affection whereby every one of us was led to wish her well as for publick respects that rather then we would blemish her honour with the foreknowledge of that detestable murther we choosed to wink at the shrewd reports of the world and let our selves to be blasoned as rebels and traitours to our native Prince which had been easie for us to have wiped away with the uttering of a few words if the desire we had to save her reputation bad not made us content that the world should still live in doubt of the justice of our quarrell and speak every one as their affections were inclined So when we were urged by the Queens Majesty of England and the French Kings Ambassadours to give a reason why we detained our Queen at Lochleven we gave no other answer but that her affection was so excessively towards Bothwell the committer of that odious murther that she being at liberty it would not be possible to punish him and that it behooved us for a season to sequestrate her person till he might be apprehendâ—d and punished In what danger this dealing brought us we have no need to shew From France we had nothing to expect but open Hostility and by keeping up the chief causes of her rejection we had reason to fear that the Queen of England should call our proceeding in doubt and so leave us destitute of her Majesties aid at whose hands we look principally to receive comfort in time of danger This course nottheless we should still have kept if the importunity of our adversaries had not forced us to take another way For remembring what a person she is whom we are brought to accuse the Mother of our King and soveraign Lord a Lady to whom in particular the greatest part of us are so farre obliged for benefits received that if with the perpetuall exile of any one or of a number of us forth of our Native Countrey we could redeem her honour without the danger of the King and whole Estate we would willingly banish our selves to that end And therefore ere we dip further in the matter which to this boure we have shunned we solemnly protest that it is not any delight we take in accusing her but a necessity
reformers were not enemies to degrees either in Schools or in Church But to return to the State by the travels of the Superintendents matters for that time were transacted betwixt the Regent and the Duke in this manner That the Duke should come to Glasgow and submit himself to the Kings authority That he and his friends should be restored to their honours and possessions That he should give surety for his and their continuing in the Kings obedience and that the rest who were joyned with him in that cause should be all accepted upon the same conditions This transaction not contenting the Earls of Argile and Huntley they refused to be comprised under it either thinking to obtain better or more easie conditions of the Regent or animated by the Queen of Scots letters who had then conceived some hopes of liberty The Duke hearing that they would not accept the conditions did forthink what he had done and at the day appointed for giving in his surety though he came himself to Edinburgh made divers shifts desiring that all matters might be continued to the tenth of May when the two Earls were expected and the Queens mind would be better known It was told him That the Earls were treating severally for themselves so as he needed not to wait on their coming And for the Queens approbaâ—ion being askt if she would deny it what in that case he would do more ingenuously then profitably for himself he answered that he was drawn against his will to make the promise he had made and that if he were freed of it he would never consent to the like Thereupon was he and the Lord Hereis who accompanied him and was thought had diverted him from his former resolution committed in the Castle of Edinburgh The Earls of Argile and Huntley who were at the same time making their own appointment had a day assigned them at S. Andrews whither Argile came first and with him the difficulty was not great because in the last tumults he had carried himself more moderately then others wherefore of him no more was craved but that he should swear obedience to the King and Authority in time coming as he did The busines with Huntley was greater for he during the Regents absence had usurped the Royal power placing Lieutenants in the countreys of Angus Mernis Strathern committed great spoils upon the subjects in those parts Therfore when as divers of the Councel did advise to put all things past in oblivion it was by others opposed That the example of such impunity would prove hurtful for when they that had continued in the Kings obedience and sustained losse in their goods should perceive the Rebels after a manner rewarded and no regard taken of their losses they would undoubtedly grudge and if troubles should afterwards arise be more slack to do service yea granting there were no such inconvenience to be feared yet neither the Regent nor yet the King himself could by law remit the robbing of another mans goods unless restitution was made of that which was spoiled And whereas some did object his greatnes and that his lying out might cause great unquietnes It was an idle fear for was not his Father a man of greater wealth and wisdom easily brought under foot when he set himself against the Authority And shall he who hath not as yet repaired the calamities of his house be able to withstand the forces of a whole Kingdom It is more foolish they say that he will seek to some for ain Prince and so endanger the countrey for 〈◊〉 shall be find Princes are not wont to make accompt of stranger further then may serve to their own commodity To accept him in favour they said was susficient albeit he gave satisfaction to the subjects whom he had wronged This opinion prevailing it was concluded that after trial of the complaints he should satisfy those that he had wronged at sight of the Councel But then arose another question Whether all that had assisted him in these last troubles should be comprised in his remission and power given him to compone with them for satisfying such as complained or that they should be severally called and every man fined as be should be tried to have offended They who thought the Earl too rigorously used in the point of satisfaction held that to be the smallest favour which could be done to him to remit his followers to himself But to the contrary it was answered That in civil warres nothing was so much to be looked unto as the weakening and dissolving of factions which is the most easily wrought when the Prince reserves to himself the power of pardon and punishment It was further said that a several examination was necessary because all had not offended alike and that no man was so unfit to take that trial as the Earl himself because in all probablity they should have most favour at his hand who had been most forward in his service and so the least guilty should bear the heaviest punishment Upon these considerations it was thought meet to convene his followers severally remitting his domesticks only to be used by him at his pleasure And thus was he received into grace which done the Regent made an expedition into the North where having kept Justice Courts at Aberden Elgin and Innerness he setled all those parts in peace and for observing the same took pledges of Huntley and the principal claim of the countrey In his return the Lord Boyd who was lately come from England did meet him at Elgin with letters from both the Queens and some others written by his private friends in the English Court The Queen of England in her letters made offer of three conditions in behalf of the Queen of Scots requiring one of the three to be accepted These were That she should either be absolutely restored to her Royal dignity or be associated in the government with her sonne and in all letters and publick acts honoured with the title of a Queen the administration of affaires continuing in the Regents hands till the King should be 17. years of age or if none of these could be granted that she might be permitted to return unto her countrey and live a private life having honourable means appointed for her entertainment The Queen of Scots desired that Iudges should be appointed for cognoscing the lawfulnes of her marriage with Bothwel and if the same was found contracted against the lawes it might be declared null and she made free to marry where she pleased From private friends especially by a letter of Sir Nicholas Throgmorton the Regent was advertised that the marriage of the Duke of Norfolk with the Queen of Scots was concluded and that they did wait only the opportunity of performance Wherefore he wished him to concurre with his best friends in that matter and to do it with such expedition and good affection as it might not appear either to
for he had warrant so to do and seeing them full of vain and idle brags for to shew the strength of the faction they had set down a Roll of all the Noblemen of their party inserting there in both some of their opposites and some that had carried themselves newters in all these broyls returned answer by the messenger that he would do as he was directed and not grant any truce nor keep the Army at their pleasure without imployment The time of the Convention approaching they who favoured the King his authority came in great numbers to Edinburgh At their first meeting it was thought convenient seeing the adverse party professed a desire of peace to make trial of their disposition and thereupon a Gentleman was sent with this message that if they would joyn for revenge of the murther of the Kings Father and Regent and would acknowledge the King for their Soveraign whatsoever else in reason they could crave should be granted unto them The answer was short and peremptory on their part That they acknowledge none for their Soveraign but the Queen and that she having committed the Government of affairs to the Earls of Arrane Argile and Huntley they would follow and obey them in her service Then they caused proclaim the Queens authority with the several Commissions of their Lieutenandries and in the Queens name indicted a Parliament to be kept at Linlithgow in August ensuing The Estates perceiving there would be no agreement gave forth a Proclamation to this effect First they said that it was not unknown to all the subjects in what a happy state the Realm stood under the government of the late Regent and what calamities it was fallen into by his death divers Lords and other subjects conspiring with them having presumed to erect another authority under the name of the Queen his Majesties mother But as such treasonable attempts had been often taken in hand and as often through Gods favour disappointed to the shame and ignominy of the enterprisers so they wished all men should understand what sort of people they were that had massed themselves together in the present conspiracy The Conspirators they ranked in three orders the principles they said were the authours of the cruel murthers of the King his father and Regent Others were manifestly purjured as having bound themselves by their oathes and subscriptions to defend the King his authority which now they impugned A third sort were such as had servile minos and without regard to conscience or honour did follow those to whom they had addicted themselves All which did pretend the maintenance of true Religion the liberty of the Countrie and the preservation of peace both abroad and at home But with what probability any man of judgement might consider for neither could he who was known to have been a persecutor of the truth and now carried the chief sway amongst them meaning the Archbishop of St. Andrews be thought a maintainer of Religion nor could they be esteemed favourers of their Country and the quietness thereof who without any just provocation had invaded the neighbour Realm of England and publickly entertained the Queens Rebells professing enemies to God and Religion As to the care they professed of the Kings preservation any man might conjecture how he should be preserved by them who exiled his Grandfather murthered his father did wickedly counsell his mother led her on courses that had brought her to shame and dishonour and now at last had unworthily cut off his Uncle and Regent by suborning a mischant to kill him treacherously It is like said they that they will be content to live subjects to a King discended of that house which they have so long a time persecuted and will they not fear if God shall bring him to perfection of years that he will be avenged of his fathers and uncles murther Neither can any be ignorant what the hope of a Kingdome will work in ambitious spirits especially when they finde themselves in a possibility to succeed unto the present possession And these are the men said they who seek to rule and command under the name of her whom they have undone by their wicked practices Of this they thought fit to advertise the subjects and to inhibit them from giving any assistance to the said conspirators under pain of death Such as of simplicity or ignorance had joyned with them they commanded to separate and return to their houses within the space of 24. houres promising in that case impunity and pardon for their by-past defection those onely excepted who were suspect of the foresaid murthers and had resset the Queen of Englands Rebells and violated the publick peace betwixt the two Realms This Proclamation was indited with much passion and matters now reduced to these termes that each side prepared to maintain their quarrell with the destruction of their adversaries The Queens faction dispatched Veraâ— to France to inform how matters went and to further the supply promised The Lord Seaton was sent to Flanders to intreat the Duke of Alva at that time Governour of the Neatherlands for the King of Spain for some aid of moneys and men and to impede the traffique of the Scottish rebells so they termed them that acknowledged the Kings authority in those parts For the point of traffick the Duke excused himself saying That he could not inhibit the same it being against the liberty of the Low-countreys but in other things he would do his best to further the Queen of Scots cause Like as shortly after he sent Mr. Iohn Hamilton Parson of Dumbar who lay Agent with him for the Scottish Queen to the Earl of Huntley with great store of Armor and gunpowder and the summe of ten thousand Crowns to levie Souldiers The Lord Seaton in the mean while who could not be idle wheresoever he was and had a great desire to approve himself by some service to the King of Spain dissembling his habit went into the United Provinces and dealt with Scottish Captains and Under officers to make them leave the service of the Estates and follow the King of Spain which being detected he was apprehended and by sentence of the Councell of Warre condemned to ride the Canon yet by some help he escaped and fled to the Duke of Alva who sent him home loaden with promises and rewarded with some little present for himselfe because of his good affection The Lords on the other side who stood for the Kings authority sent to the Earl of Sussex intreating the assistance of his forces or some part thereof because of the common danger and to move him the more they advertised that the Earl of Westmerland and other English Rebels were with the Lords convened at Linlithgow in Armes with intention as it seemed to work some mischief which had need for the good of both Realms to be prevented which they doubted not so the letters bear having his assistance to
this point made answer That the Secretary could claim no benefit by the Abstinence seeing he was the Kings subject and stood to the defence of the Kings cause both in England and Scotland professing himself as much displeased with the Proclamation of the Queens authority as any man else And howbeit of late he had accompanied the contrary faction yet he never declined his subjection to the King That being required to attend his office he had refused whereupon the same was justly taken from him and for the confiscation complained if he would yet declare on what side he was he should be reasonably used The Secretary who had often changed his party finding that now he must declare himself on the one side or the other sent to the Earl of Sussex this answer That he did think it strange the Regent should enquire on which side he was seeing his speeches writings and actions had declared the same Always now he would plainly professe that he was not of the Lord Regents side nor would he acknowledge him for Regent That he was of that side which would perform their duties to the Queen of Scotland and to her son so as neither of them should have cause to find fault with him that he was of that side which wished to either of them the place which in reason and justice they ought to possesse and that he was of that side which requested the Queen of England to enter into good conditions with the Queen whereby Scotland might be brought in an union and she restored to her liberty and Realm He confessed that he did not allow of the proclaiming of the Queens authority nor of the Parliament indited by those of he part because he foresaw the same would impede the Treaty betwixt the two Queens and might do hurt many ways and hinder the good he was about to do But that would not inser an allowance of their doings And this he said might give the Regent to understand on what side he was This answer neither expressing a reason of his falling away from the Kings obedience nor discovering plainly as was desired of what side he should be esteemed being delivered to the Regent received this reply That it was no marvel he should not acknowledge him for Regent having deserved so ill at his hands and being attainted of the soul and cruel murther of his son the Kings father That his Declaration did not satisfy that which was demanded for where he made a shew to observe a duty both to the Queen and to her son and would have it appear that he was about the effecting of great matters the duties he had done to either of them were well enough known neither could any man look for any good to proceed from him Therefore howsoever he had against his promise and subscription declined from the Kings party he must still be subject to answer such particulars as should be laid against him in the Kings name And seeing it was neither her Majesties meaning that any person guilty of the Kings murther should enjoy benefit by the Abstinence he that was challenged thereof in the late Regents time and had in Councel offered himself to the severest trial that could be taken could not complain of the breach of Abstinence for any thing done or intended against him But that neither this particular nor any other should be an occasion to dissolove that Treaty begun he said that he was content the notes of all injuries alledged on either side should be delivered in writing to the Earl of Sussex and the trial or redresse thereof continued till it should appear what effect the Treaty brought forth The prorogation of the Abstinence in the mean time as was desired by the Queen of England was yielded unto and subscrived the fourth of November with this provision That the goods and the ships of the Scottish Merchants arrested at that time in France should be released and no stay made of such as should happen to repair thither during the time of the Abstinence Whilest these things were debating the copy of the Articles proponed by the Commissioners of England to the Queen of Scots for the surety of the Queen were sent to the Lords of her faction to be considered which were as followeth 1. That the Treaty at Leth should be confirmed and that she should not claim any right nor pretend title to the Crown of England during the life of Queen Elizabeth 2. That she should not renew nor keep any League with any Prince against England nor yet receive forein forces into Scotland 3. That she should neither practise nor keep intelligence with Irish or English without the Queens knowledge and in the mean time cause the English fugitives and rebels to be rendered 4. That she should redresse the wrongs and harms done by her faction in the borders of England 5. That she should not joyn in marriage with any English man without the consent of the Queen of England nor with any other against the liking of the Estates of Scotland 6. That she should not permit the Scots to passe into Ireland without licence obtained from the Queen of England 7. That for the performance of these Articles her son should be delivered to be brought up in England and six other hostages such as the Queen of England should name should be sent thither The Castles of Home Fastâ— Castle kept by the English for the space of three years and some Fort in Galloway or Cantire be put in the English mens hands for restraining the Irish Scots from going into Ireland 8. That she should do justice according to the law upon the murtherers of her husband and the late Earl of Murray 9. That she should set her hand and cause the Commissioners to be appointed by her party set their hands and seals to these Articles 10. And lastly that all these particulars should be confirmed by the Estates of Scotland Now albeit divers of these Articles were misliked by the Lords of her faction yet conceiving thereby some hope of her restitution they dispersed certain copies in the countrey to encourage those that professed her obedience holding back such of the Articles as seemed most hard trusting to obtain a mitigation thereof in the conference And she indeed I mean the Scottish Queen shewed her self pleased withall onely she remitted the full answer to her Commissioners that should come from Scotland The rumour of the Accord held good a few days and amused the Regent and other Noblemen not a little till a letter directed by Sir William Cecil from Chattesworth in Derbyshire where the Queen of Scots then lay did otherwise inform which was to this effect That he was put upon that imployment much against his heart and yet had not dealt therein but with a great regard of the safety of the young King and whole Estate And that all he had done touching Scottish affairs was under protestation that it should be in
Majesty and esteemed a sufficient security for the Queen of Scots And if he did find her Majesty inclining thereto then to remember her with what a person she had to do a Princess by birth in Religion Popish one that professed her self a captive and as joyned with an husband suppose in a most unlawfull conjunction and that any one of these would serve for a colour to undo whatsoever thing she agreed unto at the present for her Majesty could not be ignorant how after her escape out of Lochleven she revoked the dimission of the Crown made in favours of her son though the same was done for good respects upon a pretext of fearâ— and that she did the same being a Captive As likewise she knew the Papists Maxime of not keeping faith to Hereticks which would serve her for a subterfuge to break all Covenants when she saw her time and that to dimit her upon any surety would prove no less dangerous to her Majesties own estate then to Scotland considering the claim she had made in former times to the Crown of England and the attempts of her Rebels at home not yet well extinct upon the same grounds In regard whereof there was nothing could assure the quiet of both Realmes in their opinions but her detention under safe custody which could not be esteemed dishonourable the just causes and occasions being published and made manifest to the world As to the power of forain Princes whereof they boasted the same was not much to be feared so long as her person was kept sure And if war for that cause should be denounced the perill should be less then if she were set at liberty and restored to the Crown for so she should have her forces and friendship ready to joyne with other Princes in all their quarrells against which no Hostages could serve for assurance This was the summe of his instructions He had presence of the Queen the penult of November and perceiving that none of these Articles were concluded he did communicate all his instructions unto her as he was desired she having perused them and reasoned thereupon with her Councell returned this Answer That she found in his instructions divers things worthy of consideration which behoved to be further debated and gravely weighed because of their importance Therefore desired some men of credit to be directed unto England that an end might be put to that business for as to the restitution of the Queen seeing it appeared they had reason to oppose it she would not have the Regent or those of his party to think that she intended to wrong them in any sort for if they should make it appear that nothing was done by them but according to justice she would side with them and maintain their quarrell And otherwise if they were not able to justifie their cause by such evident reasons as might satisfie her Majesty in conscience and make her answer the world in honour she would nevertheless for that naturall love she bare to the King her near kinsman and the good will she carried to the Noblemen that stood for his authority leave no means unprovided for their safeties But in regard a great part of the time appointed in the last prorogation of the Abstinence was already spent she desired the same to be prorogated unto March next and would desire them to agree thereto in regard they that stood for the Queen had condescended to the same and as much more time as she should think fitting This answer of the date at Hampton Court the â— of December came unto the Regent the 15. who thereupon advertised the Noblemen to meet at Edinburgh with all diligence for taking deliberation of things desired The Laird of Grange whether to impede the meeting or to divert the Councell from trying a conspiracy which was then discovered and said to have been devised in the Castle against the Regents life it is uncertain raised a great trouble in the town of Edinburgh about the same time One of his servants called Iames Fleming being imprisoned by the Magistrates for a slaughter committed by his direction he in the evening whilest all men were at supper made the Garrison of the Castle to issue forth and break open the prison doors playing all the while upon the town with the Canon to tertifie the inhabitants from making resistance This being complained of to the Regent he was called to answer for the riot but refused to appear and presently brake out in open rebellion fortifying the Castle and conducing a number of souldiers who did afterwards greatly annoy the Citizens The Nobility notwithstanding did keep the meeting and made choice of the Earl of Morton the Abbot of Dunfermlin and Mr. Iames Mr. Gill to goe unto England withall they agreed to the Abstinence required adjourning the Parliament to May thereafter How soon these Commissioners were come to London The Earl of Leicester and Sussex the Lord Keeper the Chamberlain Sir William Cecill Secretary then made Lord Burleigh Sir Walter Mildmay and Sir Francis Knolls were appointed to confer with them These meeting in the Secretaries chamber at Court after salutations and some generall speeches the Lord Burleigh said That they were desired to come into England upon occasion of a Treaty begun betwixt the two Queens and that her Majesty did now expect to receive from them such evident reasons for their proceedings against their Queen as wherewith she might both satisfie her self and with honour answer to the world for that which she did Or if they could not be able so to do that matters might be composed in the best sort for their safeties which her Majesty would by all means procure The Commissioners answered that they had before that time imparted the truth of all things to her Majesty which they thought might satisfie to clear them from the crimes objected yet if she stood doubtfull in any point the same should be cleared and their doings justified by most evident reasons Nothing further was said at that time but all continued to the next day And then having again met the Earl of Morton made a long discourse of the reasons and grounds of their proceedings answering the objections which he thought could be made against what he had spoken His discourse ended they were desired to put their reasons in writing which was with some difficulty yielded unto and under condition that if the reasons proponed by them did not content her Majesty the writing should be redelivered and no Copy taken thereof Otherwise if her Majesty did like and allow them they were content the same should be put in Record if so it pleased her Higness The last of February for albeit the 20. of that moneth they came to London they presented a number of Reasons for justifying the deposition of their Queen and cited many Lawes both Civill Canon and Municipall which they backt with examples drawn forth of Scottish Histories and with the
should prefer none thereto but such as was sound in Religion and for other qualities apt and worthy That during his Regencie he should grant no respits nor remissions for hainous crimes That he should not transport the King forth of the Castle of Striveling without the advice of the Councel That he should grant no favour to the murtherers of the Kings Father and Regents That he should neither enter into league with forainers nor denounce warre without the consent of the Estates And that he should be careful to entertain the amity contracted with the Queen of England The Estates on the other part did promise to assist him with all their power against the Kings enemies and to joyn with him in the reformation of whatsoever abuses crept in by occasion of the late troubles without offending at the execution of justice upon their nearest and dearest friend Order was also taken for the entertainment of his house the setling of a resident Councel and the advancing of the revenues of the Crown to the best profit And these were the things done in that meeting Soon after came Sir Henry Killigrew Ambassadour from England partly to declare the content which the Queen had received in the choice of the Earl of Morton to be Regent and partly to renew the Abstinence which was then near the expiring Herein he prevailed so farre with the Duke and Huntley as they were brought not only to prorogate the Abstinence but also to name certain Noblemen who should meet for them at Perth with such as the Regent by advice of the Councel should nominate for concluding a perfect peace The Laird of Grange and those that remained with him in the Castle refusing to be comprehended in that treaty went on in victualling and fortifying the house for impeding whereof the Regent did levie some companies of souldiers to inclose the Castle and because the time of Parliament was approaching he caused erect Bulwarks in divers places of the street to secure the people at their meetings to Sermon and the Judges that convened to the ministration of Justice Grange finding himself thus pent up did by a Proclamation from the Castle wall command all the Queens subjects to depart forth of the town within the space of 24. hours The time expired he made the Cannon thunder upon the town to the great terrour of the Inhabitants yet there was no great hurt done that way which when he perceived he hired one of his souldiers to set fire in the night time to some houses under the wall which destroyed a number of tenements for a strong Western wind blowing in the time the fire did so rage as from S. Magdalens Chappel Westward all was consumed none daring to put hand to quench the fire because of the Canon that played still on the part where they saw any concurse of people This made him extremely hated and even they that otherwise wished him well were greatly offended with this doing The Parliament notthelesse kept and thre in divers Acts were mode partly for maintaining the Kings authority partly for preservation of true Religion which causes were held in those days so conjoyned as the enemies of the one were likewise esteemed enemies to the other Therefore was it then enacted That none should be reputed loyal and faithful subjects to the King or his authority but be punished as rebels who made not profession of true Religion And that all such as made profession thereof and yet withstood the Kings authority should be admonished by their teachers to acknowledge their offence and return to his Majesties obedience and if they refused that they should be excommunicated and cut of from the society of the Church as putrid and corrupted members The Parliament breaking up the Regent by advice of the Councel directed to the meeting at Perth the Earl of Argile then created Chancellour the Earl of Montrosse the Abbot of Dunfermlin Secretary the Lords Ruthven Boyd and Sir Iohn Ballenden Justice Clerk There met with them the Earl of Huntley and Lord Iohn Hamilton Commendatory of Aberbrothock authorised by the rest that maintained the Queens authority The English Ambassadour assisting them after some days conference they were brought to agree upon these Articles 1. That all persons comprehended in the present pacification should acknowledge and professe the true Religion established and professed within the Realm and maintain the Preachers and professours thereof against all opposers specially against the confederates of the Councel of Trent 2. That the Earl of Huntley and Lord Iohn Hamilton with their friends and followers should submit themselves to the King and to the government of the Earl of Morton his Regent and his successours in the same acknowledging themselves the Kings subjects by their oaths and subscriptions 3. That they should confesse all things done by them under colour of any other authority since the time of his Majesties Coronation to have been unlawful and of no force nor effect 4. That an Act of Parliament should be made with all their consents ordaining that none of the subjects should assist fortify supply or shew any favour directly nor indirectly to those who should happen to practise against the religion presently professed the Kings person his authority or Regent And if they should be tried to do any thing to the contrary the remissions granted to them with all other benefits of the pacification should be null and they pursued for their offences past as if they had never obtained pardon for the same 5. That all persons professing his Highnesse obedience who had been dispossessed during the late troubles should be reponed to their houses lands livings benefices and whatsoever goods belonging to them if so the same were extant in the hands of the intrometters horses and armour only excepted 6. That the Master of Forbes Iames Glen of Barre and all other persons should be set at liberty as likewise the bonds given by the Lord Semple and others for entry of prisoners or for paiment of any ransomes be discharged 7. That the Earl or Huntley and Lord Iohn Hamilton should dimit and cause all souldiers hired or maintained by them or any of their party to be forthwith dimitted 8. That all processes of forfeiture which had been led especially the sentences given against the Earl of Huntley Lord Iohn Hamilton and Lord Claud his brother William Bishop of Aberdene Alexander Bishop of Galloway Adam Gordon of Awchindown and the rest of their friendship for any crimes or offences done in the common cause against the King and his authority since the 15th of Iune 1567. or for any other cause contained in the summons of forfeiture raised against them should be declared null and of no force without any other special declaration And that the foresaid persons should have liberty given them to reduce the said forfeitures as they should please 9. That all persons then returning or who should return to the Kings obedience and
thereof sent his natural brother Robert Maxwel to intercept the two Captains ere they should joyn with Iohnston They encountering in the Moore of Crawford after a sharp conflict the Captains were defeated Lamby and most of his company killed and Cranston with divers others taken prisoners Iohnston left he should be thought to do nothing did then make incursions upon Maxwels lands raising fire and carrying away great spoyle which Maxwel repayed with the burning of the house of Lockwood and the slaughter of some of Iohnstons in Annandale And thus did they make warre one against another till it happened that Iohnston in a certain conflict was taken by Maxwel and made prisoner The grief of this overthrow gave Iohnston shortly after he was liberated his death but the wrath of the Court still continuing a convention of the Estates was called to suppresse Maxwel and a Subsidy granted of 20000. pounds for levying of souldiers to pursue him Thereafter all that could bear Armes dwelling on the South of Forth were commanded to be in readinesse for attending the King in an expedition that he intended towards these parts But the plague breaking out in Edinburgh did rage so vehemently all that summer as nothing could be done so the expedition was put off for certain moneths Mean while there fell out an accident which did quite alienate the Queen of Englands favour from Arran Sir Iohn Forrester and Thomas Kar of Farnherst Wardens of the middle Marches being met for restoring some goods taken from the English a tumult fell out wherein Sir Francis Russel sonne to the Earl of Bedford was killed this was laid upon Farnherst and he said to have done it by Arrans instigation for they two were at that time in great friendship And when the Queen did require Farnherst to be delivered Arran did strongly oppose it yet the King for her satisfaction did confine them both the one in S. Andrews and the other in Aberdene Arran after a little time was relieved to his house at Kinneil the other contracting sickness kept bed a long space and as was thought died of displeasure at Aberdene A man he was of an haughty spirit and had endured much trouble in the service of the Kings mother which he esteemed should have made him better respected then as he conceived he was Shortly after this accident Sir Edward Wotton was imployed in an Ambassage from England for contracting a league offensive and defensive with the King in the cause of Religion For then came that holy league as they called it to be discovered which the Pope the Spanish King the Guises and others had made to extirpate the Reformed Religion The Queen of England understanding her self to be principally aimed at found nothing better then to make a counter-league with the Princes reformed and to that effect sent Sir Thomas Bodley to treat with the King of Denmark and the Protestant princes in Germany and at the same time imployed Sir Edward Wotton towards the King The motion did so please him as presently he called the Estates at S. Andrews and having in a long and pithy speech expressed the dangers threatened to Religion with the necessity that the reformed Princes had to unite themselves strongly together procured the act following to be concluded We the Nobility and Estates presently convened understanding that divers Princes and Potentates who term themselves Catholicks have joyned under the Popes authority in a most unchristian confederacy against the true Religion and Professors thereof with full intent to prosecute their wicked resolution not only within their own estates and dominions but likewise in other Kingdomes where they can pretend no lawful power nor authority A purpose long since projected and hitherto cunningly carried but now openly manifested and in divers parts begun to be executed with hard and cruel effects And considering withall how it hath pleased God to blesse this Realm with the sincerity of the Gospel the defence whereof is the most just and lawful cause that Christians can maintain we have thought it requisite not only to unite our selves and joyn the whole forces which God hath granted us under our most religious and Christian Soveraign for the better assurance of our own estates and the more peaceable enjoying of so great a benefit but aâ—so for withstanding the dangerous course intended against all the professors of the truth we have judged it needful that a general League and Christian confederacy of Princes and States professing the true Religion should be opposed to the ungodly confederacy of the enemies thereof especially that the two Crowns of Scotland and England which nature blood habitation and the profession of one Religion hath joyned may be unseparably united by a more firm and strict League then hath been betwixt any Princes their Progenitors in times past for which effect we under subscribing for our selves and in name and behalf of the whole Estates of this Realm whose body in this convention we represent have given and granted like as we by the tenour hereof do give and grant to our Soveraign Lord King James the sixth his Council or such of them as his Majesty shall please to nominate our full power priviledge assent and authority whatsoever competent to us and to the three Estates of this Realm to treat or cause to treat conferre transact and conclude a Christian league betwixt his Majesty and his Highness dearest sister and Cousen the Queen of England and to nominate and appoint Commissioners for that purpose who shall meet at such time and place as his Highness shall agree upon with the Commissioners to be directed from his said dearest sister the nomination and election of whom we have remitted and do humbly remit to our dread Soveraign Lord faithfully promising for us and in behalf foresaid to ratify approve and confirm in the first Parliament whatsoever thing his Majesty shall agree unto or his Highnesse Commissioners in his name shall contract indent subscribe or seal concerning the said league with all heads clauses and Articles thereof which we do and have the more willingly done because of the trust we repose in his Majesties wisdom circumspection earnest zeal to maintain the truth of God against all that shall happen to attempt anything to the contrary providing alwayes that the league do not infringe or prejudge in any sort any former alliances and leagues betwixt this Realm and any other ancient friends and confederates thereof except only in matter of Religion concerning which we do fully consent that the said league be made offensive and defensive avowing and by our solemn oaths swearing neither to spare life lands houses goods nor whatsoever it hath pleased God to grant unto us in defence and maintenance thereof This Act was past on the last of Iuly with a great consent and was subscribed by the Archbishops of S. Andrews and Glasgow the Bishop of Dunkeld the Commendators of Culross Balmerinoch Driburgh
overthrow both with the one and the other party neither having cause to repose any confidence in him The Protestants because he had renounced the Religion wherein he was with great care brought up the Papists because they could not be assured in short space that he was truly turned to their faith Yea all men should have reason to forsake him who had thus dissembled and forsaken his God And where it was given out that divers do insinuate unto your Soveraign that his honour and reputation is so deeply interessed herein as it must necessarily turn to his perpetual ignominy and reproach if he give not some notable testimony to the world of the affection and dutiful love he bare to his mother your King being of that singular judgement that he is thought to have cannot be ignorant how farre true honour ought to possesse a Christian Prince that is not whither passion or fury useth to carry men but whether reason and wisdome have laid the bounds that is within the compasse of possibility decency and justice If the late Queen had been innocent revenge had been necessarily just and honourable but being culpable contrary in all reasonable mens judgements he hath sufficiently discharged the duty of a son in mediating for his mother so long as she was alive and so farre as he was able to prevail They which require more at his Highnesse hands may be presumed not to regard what beseemeth his place and dignity but to seek the satisfaction of their own particular passions and desires And whosoever perswadeth his Highnesse that the mediation used by him for his Mother contrary to the humble pursuit of the whole Parliament hath already given that offence to the Nobility and people of this land as it behoveth him of force to have recourse to forain supports doth greatly abuse both his Highnesse and this Realm for as they were not ignorant what nature might and ought to move his Highnesse unto so long as there was any hope of her life so they do not doubt but that reason will induce him to leave sorrowing and thinking of her in due time Thus have I troubled you with a long discourse whereunto the desire I have of the continuance of amity between the two Crowns hath carried me unawares further then I purposed all which I referre to your good consideration not doubting but you will afford most readily and willingly all good offices that shall lye in your power to the end that a happy conclusion may ensue hereof which shall tend to the common good of the whole Island and so I commit you to God From the Court at Greenwich the 4th of March 1586. Your Lordships assured Friend FRA. WALSINGHAM THis letter shewed to the King served much to allay his anger as afterwards appeared In the May after the Estates being assembled at Halirudhouse they shew a great forwardnesse all of them for assisting the revenge of his Mothers death every man offering to spend his goods and life in that quarrel yet the businesse was so timed out that summer by the private dealing of certain Counsellors as hopes were given to the Queen that matters should compose and a more peaceable course be taken It was at this time that Sir William Stewart brother to Captain Iames returned again to Court and gave his attendance upon the Master of Gray The Master then was plotting a change of Court and had conspired with the Lord Maxwel to kill the Lord Thirlstane Sir Iames Home of Coldingknowes and Mr. Robert Douglas Collector whose power with the King he greatly envied This he reveales to Sir William as one that he believed would take part in the businesse and to make him the more forward tells that it was Thirlstane the Iustice Clerk Blantyre and himself that brought in the Lords at Striveling and put his brother from Court which he repented and would help so farre as he could to recall him Sir William knowing the mans nature and that he was not to be trusted gave him some hopes of joyning with him but in the mean time related all to the King This coming to Thirlstanes knowledge he complaineth thereof in Councel and desireth a trial The Master denied that any such purpose had passed betwixt them whereupon Sir William was called and standing to that he had told the King they two fell a contesting after some bitter speeches Sir William taking him up roundly said that he deserved no credit as having abused his ambassage to England and treacherously consented to the death of the Kings Mother There had a rumour gone of a letter written by the Master to the Queen of England after his parting from that Court advising her to put the Queen of Scots out of the way and the words he had used Mortui non mordent Dead folks bite not were in every mans mouth and now the challenge being made publick the Councel moved the King to put the Master to trial and commit both the one and the other So were they both the same night sent to the Castle of Edinburgh The Lord Thirlstane and those others that were touched with the enterprise of Striveling made great instance to be cleared in that point but the King not liking to search too deeply in those businesses said That their own purgation with the Declaration of the Noblemen that came home at that time was sufficient There were present of that number the Lord Hamilton the Earls of Marre and Bothwel who upon oath declared that they had no assurance from any about the King at the time of their coming till they were received by his Majesty in favour The like purgation was made by the Lord Thirlstane the Justice Clerk and the rest and so that businesse ceased After some two or three days the Master of Gray and his accuser were brought again before the Councel where the same things that before we heard being repeated by Sir William Stewart he added further That he knew the Master to be a traffiquer against Religion and that he had written divers letters to the King of France and Duke of Guise declaring that the King was to seek their assistance in revenge of his mothers death but intreated them not to grant him any help unlesse he did grant toleration to the Catholicks for exercise of their Religion The Master being desired to answer and as he lookt for any favour to deal ingenuously and confesse the truth said That he could not deny his dealing for toleration of Catholicks and that he disliked some of the officers of State and could have wished an alteration but that â—e never had so much as a thought against his Majesties person beseeching to impute these things wherein he had offended to his youth and foolish ambition Being enquired touching the letter sent to the Queen of England he confessed That when he perceived her inclining to take the Queen of Scots life he advised her rather to take her away in some
promising how soon the forfeiture was past to follow forth the same Onely at the 7. he tooke exception where it was desired that the subjects should put themselves in armes upon urgent â—ccasions for he had not as yet forgotten the stirs of the year preceding and would have none to arm but upon his own warrant Withall he sent Sir Robert Melvill and Alexander Hume of North Berwick with certain instructions to the Assembly whereof one was That they should inhibit the Ministers to utter any irreverent speeches in Pulpit against his Majesties person Councell or Estate under pain of deprivation and because one of their number called Iohn Rosse had in a Sermon preached before the Synod of Perth uttered divers treasonable and irreverent speeches of his Majesty it was craved that they should censure him as his fault had deserved Another was That they should excommunicate Mr. Andrew Hunter for the scandall he had brought upon their profession he being the first open Traitor of their function against a Christian King of their own Religion and their naturall Soveraign A third instruction was That by Act of Assembly Ministers should be ordained to disswade both by publick and private exhortation their flocks from concurring with Bothwell in his treasonable attempts or any other that should make insurrection against the authority established by God in his Majesties person The last was assented unto and an Act made thereof but the censure of the Minister Rosse was carried more slightly and he onely admonished to speak in time coming so reverently and discreetly of his Majesty as there might be no just cause of complaint against him Hunter was deposed from the Ministery as a desertor of his flock and one suspected to have joyned himself with the Kings rebells but the excommunication was not pronounced The Parliament did hold at the time appointed yet because the Noblemen convened slowly 3 or 4. dayes were spent without doing any thing In end when by the excuses that divers made a greater number was not expected they that were present assembled in the Parliament house and keeping the form accustomed made choice of a number for the Articles of Noblemen there were three Earls and six Lords onely present Beginning was made at the summons of forfeiture the Letters and blanks intercepted with Mr. George Ker presented and the hand-writs cognosced by witnesses Some question there was about the Blancks and that which should have been insert in them but the presumptions were so clear as none would doubt what the subject should have been Yet the Noblemen urged a delay of the triall to a more full convention which the King would not admit knowing what misinterpretings that would make and so by pluralities of voices the crimes of Treason were found to be sufficiently proved and the sentence of forfeiture pronounced against the three Earls and Achindown their Scutcheons of Arms as the manner is torn by Herauld and they declared to have lost their honours lands and estates for treasonable practises against the King and their Native Countrey In this Parliament divers Statutes were concluded some in favours of the Church and others very beneficiall to the Countrey as the Stature made for punishment of theft robbery and oppression another against usury and a third against buying of Pleas by Judges and other members of the Court of Justice The next moneth passed in receiving the Ambassadors that came to assist the Baptisme which in the latter end of August next was performed with great solemnity from England the Earl of Sussex was sent the King of Denmark the Duke of Brunswick Megelbrugh with the Estates of the united Provinces had their Ambassadours present But from the French King there came not any though they also were expected at the day appointed for the solemnity The Prince was brought from his own chamber to the Queens Chamber of presence and laid in a bed dressed in a most stately form the Ambassadours entered into the Chamber the Countess of Marre accompanied with a number of Ladies took up the Prince and delivered him to the Duke of Lennox who presented him to the Ambassadors Sussex as having the first place received him and carried him in his arms to the Chappell the rest marching in their ranks and followed by the Ladies of honour the Mistresse nurse and others of inferiour note Before them went the Lord Hume carrying the Ducall Crown the Lord Levingston carried the Towell or Napkin the Lord Seaton the Bason and the Lord Semple the Laver. Above the English Ambassadour there was a Pale or Canabie born by the Laird of Cesford Buclerogh Duddope and Traquier The Princes train was sustained by the Lords Sinclar and Urqhart In this manner they walked toward the Chappell a guard of the youths of Edinburgh well arrayed standing on each side of the way and the trumpets sounding Being entred the Chappell the King arose from his seat and received the Ambassadours at the doore of the Quire and then was the Prince delivered to the Duke of Lennox who gave him to the Nurse After which the Ambassadours were conveyed to their places which were ordered in this manner Upon the Kings right hand a chair was set for the French Ambassadour but this was empty next to him the Ambassadour of Denmark was placed on the left the English Ambassadour and Legier did fit and next after them the Ambassadours of Brunswick Megelburgh and the States every chair had a tassell boord covered with fine Velvet and the Ambassadour of England besides the others had office men standing by him to wait The Service did then begin and upon the end thereof the English Ambassadour arose and presented the Prince to the Bishop who was appointed to administer the Sacrament This was Mr. David Cunningham Bishop of Aberdene The action finished Mr. David Lindsey Minister at Leith had a learned speech in French to the Ambassadours After which they returned to the Chappell in the same order that they came Then was the Prince laid upon a bed of honour and his Titles in this sort proclaimed by the Lyon Herauld Henry Frederick Knight and Baron of Renfrew Lord of the Isles Earl of Karrick Duke of Rothsay Prince and Stewart of Scotland This done certain pieces of silver and gold were cast forth at a window among the people and a number of Knights created at night for it was in the afternoon that the Baptisme was ministred The Ambassadours with their train and the Noblemen present were royally feasted nothing lacking that was required to such a triumph The rest of the moneth was spent in Playes running at Tilt and such other exercises as might give delight to the strangers Amidst these joyes the King was not forgetting his own serious affairs sent his Secretary Sir Richard Cockborne of Clerkinton to England to desire the Queens assistance in pursuing the Popish Lords according to the many promises made by the Lord Souche and Mr. Bowes that how soon he should
will answer that it is not their purpose presently and out of hand to enforce obedience but by fatherly admonitions and conferences to induce such as are disaffected But if any be of an opposite and turbulent spirit I will have them inforced to a conformity Neither tell me that the wearing of a surplice or using the Crosse in Baptism will diminish the credit of Ministers that have formerly dissallowed the same for that is just the Scotish Argument when any thing was concluded that sorted not with their humour the only reason why they would not obey was that it stood not with their credit to yield having been so long of a contrary opinion I will none of that but that a time be limited by the Bishops of every Diocese to such and they that will not yield whatsoever they are let them be removed for we must not preferre the credit of a few private men to the generall peace of the Church Throughout all this conference in every point that was moved or came to be talked of the King did shew such knowledge and readiness as bred not a small admiration in the hearers Chancellour Egerton wondering to see him so expedite and perfect in all sort of Divinity said That he had often heard and read that Rex est mixta persona cum Sacerdote but that he saw never the truth of it untill that day Let me adde that which I was afterward told by Richard Bancroft Archbishop of Canterbury for Whitgift died the next moneth after the conference one of the great glories of the English Church that when the Rolles were brought in of those that stood out and were deposed which was some years after they were found to be fourty nine in all England when as the Ministers of that Kingdome are reckoned nine thousand and above such a noise will a few disturbers cause in any society where they are tolerated In the March thereafter a Parliament was kept in England where the King after he had given thanks to the State for the generall applause they shewed in receiving him to the place which God by birthright and lineall descent had provided for him did earnestly move the union of the two Kingdomes that as they were made one in the head so among themselves they might be inseparably conjoyned and all memory of by-past divisions extinguished A motion that took well at first and seemed to be generally desired of both Nations but did not succeed as was wished The Parliament alwaies at his Majesties desire and for a demonstration of their obedience did nominate Thomas Ellesmore Lord Chancellor of England Thomas Earl of Dorset Thesaurer Charles Earl of Nottingham Lord high Admirall Henry Earl of Southampton William Earl of Pembroke Henry Earl of Northampton Richard Bishop of London Toby Bishop of Durham Anthony Bishop of St Davids Robert Lord Cecill principall Secretary to his Majesty Edward Lord Souch Lord President of Wales William Lord Monteagle Ralph Lord Eure Edmond Lord Sheffeild Lord President of the Councell of the North Lords of the higher House And Thomas Lord Clinton Robert Lord Buckhurst Sir Francis Hastings knight Sir Iohn Stanhop knight Vice-chamberlain to the Kings Majesty Sir George Carew knight Vice-chamberlain to the Queens Majesty Sir Iohn Herbert knight second Secretary to his Majesty Sir Thomas Strickland knight Sir Edward Stafford knight Sir Henry Nevill of Barkshire knight Sir Richard Buckly knight Sir Henry Billingsly knight Sir Daniell Dunne knight Dean of the Arches Sir Edward Hobby knight Sir Iohn Savile knight Sir Robert Wroth knight Sir Thomas Challoner knight Sir Robert Mansell knight Sir Thomas Ridgway knight Sir Thomas Holcraft knight Sir Thomas Hasketh knight his Majesties Attorney of the Court of Wards and Liveries Sir Francis Bacon knight Sir Lawrence Cawfield knight Serjeant at Law Sir Henry Hubbard knight Serjeant at Law Sir Iohn Bennet knight Doctor of the Lawes Sir Henry VVitherington Sir Ralph Grey and Sir Thomas Lake knights Robert Ashwith Thomas Iames and Henry Chapman Merchants Knights and Burgesses of the house of Commons Giving them or any eight or more of the said Lords of the higher house and any twenty of the said Knights and Burgesses of the said house of Commons full power liberty and Commission to assemble and meet at any time or times before the next Session of Parliament â—or treating and consulting with certain selected Commissioners to be nominated and authorized by authority of the Parliament of the realm of Scotland of and concerning such an union of the said realms of England and Scotland and of and concerning such other matters causes and things whatsoever as upon mature deliberation and consideration the greatest part of the said Lords Knights Citizens and Burgesses being assembled with the Commissioners to be nominated by the Parliament of Scotland shall in their wisdome think and deem convenient and necessary for the honour of his Majesty and the weal and commmon good of both the said realms during his Majesties life and under all his progenie and royall posterity for ever which Commissioners of both the said realms shall according to the tenor of their said Commissions reduce their doings and proceedings into writings or instruments tripartite every part to be subscribed and sealed by them to the end that one part thereof may in all humility be presented to his most excellent Majesty the second part to be offered to the consideration of the next Session of Parliament for the realm of England and the third to be offered to the consideration of the next Parliament for the realm of Scotland that thereupon such further proceeding may be had as by both the said Parliaments may be thought fit and necessary for the weal and common good of both the said realms A Parliament in Scotland for the same purpose was indicted to the tenth of Aprill and thereafter prorogated to the eleventh of Iuly at which time the Lords Spirituall and Temporall assembled by virtue of his Majesties Commission did ordain the persons following they are to say Iohn Earl of Montrosse Chancellor of Scotland Francis Earl of Arroll high Constable of Scotland Iames Earl of Glencarn Alexander Earl of Linlithgow Iohn Archbishop of Glasgow David Bishop of Rosse George Bishop of Cathnes Walter Prior of Blantire Patrick Lord Glammis Alexander Lord Elphingston Alexander Lord Fyvie President of the Session of Scotland Robert Lord Roxbrugh Iames Lord Abircorn Iames Lord Balmerinoth Principall Secretary of Scotland David Lord of Scone Sir Iames Scrimgeour of Dudop knight Sir Iohn Cockburn of Ormston knight Sir Iohn Hume of Couldenknowes knight Sir David Carnegie of Kinnard knight Sir Robert Melvill elder of Murdocarmie knight Sir Thomas Hamilton of Binnie knight Sir Iohn Lermouth of Balcony knight Sir Alexander Straton of Lawriston knight Sir Iohn Sheen of Curry-hill knight Mr. Iohn Sharp of Howston Lawyer Mr. Thomas Craig Lawyer Henry Nisbit George Bruce Alexander Rutherford and Mr. Alexander
of the 20 chap. of the Acts whereby he took occasion to prove out of the Scriptures and Fathers the supremacy of Bishops above Presbyters and to shew the inconveniencies of Parity in the Church with the confusion arising from the same Dr. Buckridge Bishop of Rochester took for his text the Precept of the Apostle Omnis anima c Rom. 13. 1. where falling to speak of the Kings supremacy in causes Ecclesiasticall he did handle that point both soundly and learnedly to the satisfaction of all the hearers only it grieved the Scots Ministers to hear the Pope and Presbyterie so often equalled in their opposition to soveraign Princes Dr. Andrews Bishop of Chichester followed who choosed for his text the first verses of the 10 chapter of Numbers confirming thirdly the power of Kings in Convocating Synods and Councells The fourth was Dr. King Bishop of London he took for his theam the 11 verse of the 8 chapter of Canticles and thereupon discoursing of the Office of Presbyters did prove lay Elders to have no place nor office in the Church and the late device to be without all warrant of Precept or example either in Scripture or in Antiquity This course his Majesty took as conceiving that some of the Ministers should be moved by force of reason to quit their opinions and give place to the truth but that seldome happeneth where the minde is prepossessed with prejudice either against person or matter The first audience was at Hampton the 22 of September at whichâ— besides the Bishops and Ministers from Scotland were present the Earls of Dunbarre Argile Glencarne Sir Thomas Hamilton Advocate and Sir Alexander Straiton Of the English Dr. Montague Dean of the Charpell was only admitted to stay There the King declaring the purpose for which he had called them spake a few words to this effect That having left the Church of Scotland in peace at his parting forth of it he did now hear of great disturbances in the same whereof he desired to understand the true cause and to have their advice how the same might best be removed This being said he the errand in generall for which I have called you I should be glad to hear your opinions touching that meeting at Aberdene where an handfull of Ministers in contempt of my authority and against the discharge given them did assemble and though they were neither a sufficient number nor the accustomed order kept they would take upon them to call it a generall Assembly and have since proudly maintained it by declining my Councell and such other means as they pleased to use The rather I would hear your minds because I am informed that divers Ministers doe justifie that meeting and in their publick preachings commend these brethren as persons distressed which in effect is to proclaim me a tyrant and Persecutor Mr. Iames Melvill answering first said that there was no such discharge given to those Ministers that met at Aberdene as was alledged adjuring Sir Alexander Straiton who was said to have given the charge to declare in his Majesties presence how that matter was carried As to the absence of Moderator and Clerk he said that none of these were essentiall parts of an Assembly and that the Moderator absenting himself of purpose and the Clerk refusing to serve the brethren convened might lawfully create others in their places so as the Ministers having warrant to convene from the word of God and from his Majesties laws as also coming thither by direction of their Presbyteries he could not in his conscience condemne them Well then said the King I shall desire you to answer me three things that I will ask First if it be lawfull to pray publickly for persons convicted by the lawfull Iudge as persons being in distress and aflicted 2 Whether I may not being a Christian King by my authority royall convocate and prorogue and desert for just and necessary causes known to myself any Assemblies or meetings within my Dominions 3 Whether or not may I by my authority-call and convene before me and my Councell whatsoever person or persons Civil or Ecclesiastial for whatsoever offences committed by them in whatsoever place within my Dominions and if I may not take cognition of the offence and give sontence therein And further whether or not are all my subjects being cited to answer before me and my Councell obliged to compeir and acknowledge me or them for judges in these offences Mr. Iames answering said that the questions were weighty and craved a great deliberation wherefore he would humbly entreat his Majesty to grant them a time to conferre and advise together that they might all give one direct answer This desire granted they were commanded to advise and meet together that night and be ready to answer the next day At this meeting the Earls of Salisbury and Northampton with divers of the English Clergy were present The Ministers desiring to have the meeting more private requested the Earl of Dumbarre to move the King therein and that none but Scotsmen should be present fearing as they said that some unseemly words might escape them But this was denied and they warned to speak with that respect which became subjects It was believed that the King should have begun with the questions proponed in the former meeting but his Majesty taking another course required them to declare one by one their judgements touching Aberdene Assembly The Bishops being first askt did all condemn the meeting as turbulent factious and unlawfull Mr. Andrew Melvill then being enquired made answer That he could not condemn the Assembly being a private man that he came into England upon his Majesties letter without any Commission from the Church of Scotland and though he had Commission in dicta causa and not hearing what they could say for themselves he could not give his judgement Sentence he said was given against them in a justice Court how justly he did remit that to the great Judge but for himself he would say as our Saviour did in another case Quis me constituit judicem Mr. Iames Balfoure being next asked Did pray his Majesty not to press him with any answer for that he knew nothing would be well taken that proceeded from his mouth and that Mr. Andrew had answered his minde sufficiently Mr. Iames Melvill without giving a direct answer began to tell That sinceâ— his coming to London he had received divers letters and with them a Petition that should have been presented to the late Parliament in behalf of the warded Ministers which he was desired to offer unto his Majesty and as he thought the Petition would make all their mindes known The King taking the Petition and falling to read the same willed the Advocate to goe on and receive the answer of the rest And as the Advocate was questioning Mr. William Scot and urging him with a distinct answer for he used many circumlocutions according to
King recommended as fit persons were passed by as men suspected and others named who stood worse affected to his Majesties service Another question they made for admitting the Officers of State refusing to admit any but the Chancellor Thesaurer and Clerk of the Rolls This being long and sharply debated was in end agreed by the admission of the whole number Among these Articles proponed the first was of his Majesties authority in causes Ecclesiasticall concerning which it was desired to be enacted That whatsoever conclusion was taken by his Majesty with advice of the Archbishops and Bishops in matters of externall policy the same should have the power and strength of an Ecclesiasticall law The Bishops interceding did humbly intreat that the Article might be better considered for that in making of Ecclesiasticall laws the advice and consent of Presbyters was also required The King replying That he was not against the taking of Ministers their advice and that a competent number of the most grave and learned among them should be called to assist the Bishops but to have matters ruled as they have been in your Generall Assemblies I will never agree for the Bishops must rule the Ministers and the King rule both in matters indifferent and not repugnant to the Word of God So the Article passed in this form That whatsoever his Majesty should determine in the externall government of the Church with the advice of the Archbishops Bishops and a competent number of the Ministery should have the strength of a law This coming to the Ministers ears they began to stirre as if the whole Rites and Ceremonies of England were to be brought upon them without their consents whereupon the Ministers that were in Town were called together and warned to be quiet for that such a generall Act did not lay upon them any bond and if any particular was urged the same should be communicated to them and nothing concluded without their consents It was further told them that there would not be wanting informations enough to stirre them up unto unquietness but they should doe well not to irritate his Majesty whom they knew to be a gracious Prince and one that would hear reason and give way to the same This they did all promise yet upon the suggestion of some discontented people the very next day Mr. William Struthers one of the Ministers of Edinburgh did unhappily break out in his Sermon upon these matters condemning the Rites received in the Church of England and praying God to save Scotland from the same This reported to the King by some of the English Doctors that were his hearers he became greatly incensed But the Ministers not contented with this did the same day in the afternoon tumultuously convene and form a Protestation in the words following Most gracious and dread Soveraign most honourable Lords and remanent Commissioners of this present Parliament We the Ministers of Christs evangel being here convened from all the parts of this your Majesties Kingdome doe in all reverence and submission intreat your Majesties and honours patient and favourable hearing of this our reasonable and humble supplication And first it will please your Highness honorable Estates presently convened to be informed that we are here a number of the Ministery out of all the parts of the Kingdome and that the Bishops have protested to a great many of us since our coming that nothing should be agreed nor consented unto by them in this present Parliament in matters concerning the discipline order of the Church without our knowledge and advice affirming that neither we nor they have any power to consent to any novation or smallest change of the order established without the advice of the Generall Assembly whereupon we resting in security have received a sudden report of an Article to passe for a law in the Parliament decerning and declaring that your Majesty with the advice of the Archbishops and Bishops and such a competent number of the Ministery as your Majesty out of your wisdome should think expedient shall in all time coming have full power to advise and conclude all matters of decency and which any way may concern the policy of the Church And that such conclusions shall have the strength and power of laws Ecclesiasticall wherein it will please your Majesty and honourable Estates to hear our own just griefs and to consider our reasonable desires and not to put us your Majesties humble subjects to that poor and simple part of protestation Which if remedy be not provided we shall be forced to use for the freedome of our Church and discharge of our consciences We then first plead our reformation and that the purity of our Church in doctrine ministration of the sacraments discipline and all convenient order with the best reformed Churches in Europe hath been acknowledged rather as a pattern to be followed of others then that we should seek our reformation from those that never attained to that perfection which we by the mercy of God this long time past have enjoyed under your Highness protection Next we plead the liberty of our Church which by the laws of your Majesties Kingdome and divers Acts of Parliament is established with power of publick meetings and annuall Assemblies and allowance to make Canons and constitutions such as may serve for the comely order thereof all which by this conclusion that is intended will be utterly overthrown Thirdly we plead for the peace and tranquillity of our Church that being nearest the Divine and Apostolicall institution hath lived without schisme and rent in the self and by introduction of any novelty against order may be miserably divided and so our peace broken Fourthly we have been at divers times sufficiently secured from all suspicions of innovation and specially by your Majesties Letter sent down this last Winter to take away all fear of any alteration which might arise upon your Majesties lovingly intended journey which Letter by your Majesties speciall will and direction of your Highness Councell was intimated in pulpits as also by that Proclamation given out the 26 of September 1616 when rumours of an intended conformity with the Church of England were dispersed whereby your Majesty sufficiently avoided all such suspicion and setled the hearts of honest men in a confidence that no such thing should be attempted These and many other reasons have moved us in all reverence by this our humble supplication to entreat your Highness and honourable Estates not to suffer the aforenamed Article or any other prejudiciall to our former liberties to passe at this time to the grief of this poor Church that the universall hope of thousands in this land who rejoiced at your Majesties happy arrivall be not turned into mourning wherein as we we are earnest supplicants to God to incline your Majesties heart this way as the most expedient for the honour of God and well of your subjects so if we shall be frustrated of this our
horsemen and four ships well appointed to keep the Haven of Leth trusting therewith as she said and with the assistance she promised her self in the Countrey to daunt all the rebells and bring them to obedience Meane while she began to fortifie the towne of Leth as being a Port fit to receive fresh supplies and a place that might serve the French companies for a refuge if they should happen to be redacted to any necessitie The Lords of the Congregation kept at that time a Convention in Striveling and thither came the Earle of Arrane the Duke his eldest son having left France upon this occasion Being one day in conference with the Duke of Guise who then ruled all things in the French Court and falling in speech of those that professed the reformed Religion he did utter his minde too freely in their favours which was so ill taken as it was resolved to call him in question Of this and other speeches that had escaped the Cardinall of Lorraine in the Court of Parliament he was advertised and thereupon retired quickly from Court and went to Geneva there he became acquainted with Mr. Randolph an English man who was afterwards imployed in many honourable Legations to Scotland and came with him into England where he was much graced by Queen Elizabeth and by her perswasions induced to promise that at his return he should joyn himself with those that sought to expell the French forth of Scotland and move his father so far as in him lay to take part in that cause Both which he truly performed for immediately upon his return he came to the Noblemen at Sriveling and made offer of his assistance in the common quarrell both of Religion and the liberty of the Countrey Then going to visit his Father at Hamilton he won him to their side and reconciling some old grudges betwixt his father and certain Noblemen brought them all to meet together at Hamilton and to write a common Letter to Queen Regent which was to this effect That it was to them a marvell ho she not provoked by any injury could go so soon from the late appointment as to expulse the ancient inhabitants of the town of Leth place therein a Colonie of strangers as minding to keep the Countrey under a Tyrannicall subjection This they said was against her promise against the publick weale and against the lawes and liberties of the Kingdome wherefore they intreated her to desist from that course and not to drive them into a necessity of seeking the concurrence of the Subjects for resisting the mischief intended against the whole This letter dated at Hamilton the 29. of September was subserived by the Duke of Chattellerault the Earles of Arrane Argile Glencarn and Mentieth the Lords Ruthven Boyd and Ochiltrie and divers other Barons and Gentlemen They wrote also to the Lord Ereskin keeper of the Castles of Edinburgh and Striveling Desiring him as a Nobleman and a Member with them of the same Common-wealth to look circumspectly to his own person and to the strengths committed to his trust and not to suffer himself to be abused with the promises and policies which they knew would be used Hereof they did think it needfull as they said to give him warning not that they stood in doubt of his sidelity but that they esteemed it their duty to advertise him of the common danger and to assure him if by violence any should go about to bereave him of those sorts their assistance should not be lacking Queen Regent not liking to make an answer to the Lords in writing sent Sir Robert Carnagie and Mr. David Borthuick with a letter of credit to the Duke That which they had in credit to say was that she wondred much at his joyning with the Lords or that he should have permitted the Earle of Arrane his son take that course and to advise him to come and stay with her at Court or if they could not obtain that point that they should disswade him from taking part with them The Duke asking what the Queen meant to do concerning the fortification at Leth and dispatch of the French men they said If all things were put in the Queen will she would be gracious enough Whereunto he replayed That both he and the rest of the Lords would most willingly serve her so as she would be ruled by the counsell of naturall Scottish men but so long as she kept about her strangers who were a trouble and great to the Countrey he beleeved no wise man would give either him or them advise to put themselves in her hands This answer reported to the Queen because she perceived the arriving of the French souldiers to be generally ill taken she gave forth a Proclamation Wherein complaining of the calumnies dispersed against her by wicked people especially that she had broken the appointment made with the Congregation at Leth which she said was onely to entertain division in the Realm by receiving of French forces which they aggredged so far against all reason it not being an Article of the appointment that albeit for every Frenchman that was in Scotland there were a hundreth at her command there should not a jot that was promised be broken nor the least alteration be made in any thing if the Congregation did in like manner faithfully keep their part Therefore willed all good subjects not to give eare to such informations nor suffer themselves to be led thereby from their due obedience assuring them that they should ever finde with her truth in promise and a motherly love towards all loyall subjects Besides the Proclamation she imployed in the Countrey some whom she especially trusted to inform the Subjects of her good meaning the principalls were Mr. Iames Balfoure Officiall of Lothian Mr. Thomas and Mr. William Scots sons to the Laird of Balwery Sir Robert Carnagy and some others Neither did she omit to deal with the specials of the Congregation sending Sir Iohn Bannatyne Justice Clerk to the Lord Ruthven with many liberall promises if he would leave the faction and Mr. Iohn Spence of Condy to Lord Iames with a letter bearing this effect That having understood the cause of his departing from her to be the love he bare to Religion Albeit she did mislike the same yet knowing his minde and the mindes of other Noble men to be so far bent that way as there was no possiblity to reclaim them she had now resolved to tolerate their profession and at their own sights to grant such liberty as might stand with the common policy of the Realm and their Soveraigns honour As for the men of Warre and fortification at Leth so much complained of she said that some had given her to understand that it was not the advancement of Religion which was sought but that the same was made a pretext to overthrow the authority of his sister whereof she beleeved he would never be participant and this was the