Countreymen Richardus de sancto Victore a Channon regular of the order of S. Angustine and David a Presbyter This David lived in Germany and was chosen by the Emperour Henry the fifth to accompany him in that expedition which he made to Italy against Pope Paschal the Story whereof he wrote as likewise a Treatise de regno Scotorum both which are perished Richardus was a professor of Divinity at Paris in the Abbey of S. Victor a great Philosopher and left many books that witnesse his learning the Titles whereof you may read in Baleus He died in the same Abbey and was buried with this Epitaph Moribus ingenio doctrina clarus arte Pulvereo hîc tegeris docte Richarde situ Quem tellus genuit foelici Scotica partu Te fovet in gremio Gallica terra suo Nil tibi Parca ferox nocuit quae stamina parco Tempore tracta gravirupit acerba manu Plurima namque tui super ant monumenta laboris Qua tibi perpetuam sunt paritura decus Segnior ut lento sceler atas mors pelit aedes Sic propero nimis it sub piatecta gradu 16. Bishop Robert deceasing Walthemius Abbot of Melrosse was earnestly entreated to accept the Charge but would not forsake the Monastery saying That he had washed his feet and could not contaminate them again with the dust of earthly cares Whereupon Arnold Abbot of Kelso was elected and in presence of King Malcolm the fourth consecrated by William Bishop of Murray This Bishop had been the year preceding directed to Rome with one Nicholaus the Kings Secretary to complain of the Archbishop of York his usurpation upon the Church of Scotland and being then returned carried himself as Legate to the Pope which power he resigned to Arnold after his Consecration as he was enjoyned by Engenius the third who then held the Chair In a Convention of the Estates kept the same year Arnold did earnestly insist with the King to make choice of a wise for assuring the royall succession and to that effect made a long speech in the hearing of the Estates but the King had taken a resolution to live single and would not be diverted Edward Bishop of Aberdene was much blamed for confirming him in that course and for that cause hated of many The Cathedrall of S. Andrews a fair and stately Church whilest it stood was founded by this Arnold but before the work was raised to any height he died having sate Bishop one year ten moneths and seventeen days onely 17. Upon Arnold his death the King did recommend his Chaplain Richard to the place who was immediately elected by the Convent but not consecrated for the space of two years after because of the Archbishop of York his pretensions One Roger held at that time the See of York a man ambitious beyond all measure who from being Archdeacon of Canterbury was by the means of the Archbishop Thomas Becket preferred to that place no sooner was he advanced but he procured of Pope Anastasius the fourth a Bull whereby he was designed Metropolitane of Scotland but the King and the Clergy notwithstanding the Popes authority was in those days greatly respected refused to acknowledge him Anastasius dying by whom the Archbishop Roger was maintained the Prelates of Scotland did convene and by themselves performed the Consecration Roger incensed herewith sent to Rome and complaining of this contempt found the favour to be made Legate of Scotland by vertue whereof he caused cite all the Scottish Clergy to appear before him at Norham in England whither he came in great pomp Angelramus Archdeacon of Glasgow accompanied with Walter Prior of Kelso Solomon Dean of Glasgow and some others of the Clergy went and kept the Diet and in the name of the Church of Scotland appealing to the Pope took journey to Rome Where the business being debated before Pope Alexander the third sentence was given against Roger his pretended Legation and the Church of Scotland declared to be exempted from all spirituall Jurisdiction the Apostolique See only excepted This exemption Angelramus who in the mean time was promoted to the See of Glasgow by the death of Bishop Herbert and consecrated at Rome brought back and presented to the King The Bull is yet extant and begins thus Alexander P. servus servorum Dei Malcolmo Regi c. A few days after the Bishops return King Malcolm died at Iedbrough in the 25. year of his age and 12. of his reign a sweet and meek Prince uncourteously used by King Henry the second King of England but more rudely by his own Subjects This Henry by nature ambitious and one that could not keep himself within bounds took many ways to wrong this good King and make him despised of his own people yet for that he had sworn to King David Malcolms Grandfather that he should never molest him nor any of his posterity in the possession of the lands they held in England and could not for shame go against his oath he stirred up the Bishop of York to place a Bishop at Carlile thinking the King of Scots would not endure that wrong Iohn Bishop of Glasgow under whose charge the Countrey of Cumberland then was did exceedingly offend with this and finding that the King would not break with Henry for so little a cause nor seeing a way to repair himself abandoned his charge and went unto the Monastery of Tours in France where he abode till he was forced by the Popes authority to return King Henry finding this injury dissembled went afterwards more plainly to work for having desired Malcolm to come to London to do homage for the lands he held in England he compelled him to follow him in the Warre he made upon France thinking thereby to alienate the minde of the French King from the Scots Again when he had returned home inviting him of new to a Parliament kept at York upon a forged quarrell as if he had crossed King Henry his affairs in France he was declared to have lost all his lands in England And not content to have wronged him in this sort to stir up his own Subjects against him made the report goe that King Malcolm had voluntarily resigned all those lands Which did so irritate the Nobles as presently after his return putting themselves in Arms they did besiege the Town of Bertha where the King remained and had not failed to use violence but that by the intercession of some wise Prelates matters were composed The Nobility being grieved to see the King so abused did urge him to denounce warre but he loving rather to have matters peaceably agreed was content to accept Cumberland and Huntington and suffer Northumberland to goe to King Henry This displeased the Subjects and diminished much of the regard that was formerly carried to him which he took greatly to heart and shortly after died as was thought of displeasure The good King being thus taken away
punish the committers of that insolence The Councel returning many thanks to the Queen for her kind Ambassage excused themselves by the present troubles that no determinate answer could as then be given to his propositions and therefore besought him to have patience unto the first of May at which time the Estates of the Realm were to meet by whom her Majesty should receive all satisfaction The Estates convening at the day William Douglas of Lochlevin brother uterine to the late Regent preferred a Petition to the Councel for some course to be taken in the revenge of his brothers murther considering he was taken away in the defence of the common cause of the Realm and not upon any private quarrel The Petition was held reasonable by all that were present every one consenting to the pursuit and punishment of the murtherer and his complices But in the manner they agreed not some advising that not the murtherer only but all who were suspected to have had a hand in the treachery should be called to underlie the ordinary trial of law at a certain day Others esteeming such a form of processe unnecessary with them who had already taken Arms to maintain the fact and that the best course were to pursue with all hostility both these that were delated of the recent crime and such as had been forfeited in the Parliament preceding Many inclined to the last course yet because it was opposed by divers of special note there was nothing concluded in the businesse which was generally ill taken of the people who construed the delay to proceed of some private favour carried to the enemies and to be done of purpose that either with time the hatred of the murther might be lessened or the adversaries might have leisure to make themselves more strong The Assembly of the Church in the mean while which was then convened at Edenburgh to declare in what detestation they had the murther committed did ordain the murtherer to be excommunicated in all the chief Burghs of the Realm and whosoever afterwards happened to be convicted thereof to be used in the same manner In this Assembly divers constitutions were made for discipline and amongst others an Act for the publick inauguration of Ministers at their entry whereunto the revolt of some Preachers gave occasion that forsaking the Pulpit took them to the pleading of causes before the Lords of Session It was then also condescended that forth of the thirds five thousand merks should be yearly paid for the furnishing of the Kings house and the Church burthened with no further duty Some few days after the principals of the Queens faction being convened at Glasgow the Earl of Argile and Lord Boyd did write to the Earl of Morton and offer to joyn with the rest of the Nobility in the trial and punishment of the Regents murther so as the meeting were appointed at Striveling Falkirk or Linlithgow for to Edenburgh they would not come This letter as he was desired he communicated with the Secretary who was after the Regents death come forth of the Castle and by the Earl of Atholl brought again unto the Councell having first purged himself of the accusation laid against him and promised to submit himself unto the most severe triall that could be taken his advice to the Earl Morton was that the Noblemen should all be brought to Edenburgh which for those of the Queens party he undertook to do and to that effect he sent letters unto the principalls of that faction shewing that they had no cause to fear being in forces superiour to the others and having the Lord of Grange on their side for he had then plainly declared himself for the Queen who was both Provost of the Town and commanded the Castle Thus about the midst of March the Earls of Huntley Atholl and Crawford with the Lords Ogilvy Home and Seaâ—on did meet at Edenburgh The Earl of Argile the Hamiltons and the Lord Boyde came as far as unto Linlithgow but by occasioned of a tumult raised amongst some souldiers they were forced to disperse their companies and return home to their dwellings Within a few dayes the Earls of Marre and Glencarne came likewise to Edenburgh after whose coming the Lords of both factions meeting to confer did think fit to continue all things till the Earl of Argile was advertised whose authority was great in those times And when it was known that he was gone back from Linlithgow the Earl of Huntley followed to perswade his return but he would not consent They write the Secretary should have privily disswaded him as one who loved to keep all things loose but I do not see what advantage he could expect that way and think rather that as his estate then stood he did earnestly desire to have matters accorded The true cause of Argiles declining that conference seems to have been the averseness of his brother and others of his friendship who refused to follow him in that quarrel and carried a constant affection to the maintaining of the Kings authority When as the other Noblemen perceived that Argile would not come they began to treat of the choice of a Regent in place of him who was taken away Here first they fell to question their own power and authority which some maintained to be sufficient because of the Patent the Queen had given at first for the administration of affairs in her sons minority in which seven Noblemen were named besides the late Regent and that of this number they might choose as they said any one Others reasoned that no respect ought to be had to that Patent the same being expired by the creation of the last Regent for which only at the time it was granted The more moderate gave their opinon that all proceeding in that businesse should be delayed till the convention of the Estates in May next This was likewise opposed by a number that esteemed the protracting of time dangerous and thought that it concerned the Noblemen who had first assisted the Coronation of the King and continued firm in his obedience to nominate a Regent that would be careful of the young King his preservation and of the quiet and tranquillity of the Realm But this opinion as tending to the fostering of discord was rejected So that meeting dissolved without any certain conclusion At the same time one Monsieur Verack Cubiculare to the French King landed at Dumbarton bringing letters to the Noblemen of the Queens faction full of thanks for the constant affection they had shewed in maintaining the cause and promises of present succours This did so animate them as in a frequent meeting kept the first of April at Linlithgow they began to discover the intention which before they had concealed of making war upon England for this as they judged would serve to oblierate the late Regents murther And to give the more authority to their proceedings they took purpose to remove to
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
upon his head said Ex tua pharetra nunquam venit ista sagitta meaning that he was set on to speak by some others of greater note So the Legate perceiving that the businesse would not work and that the opposition was like to grow greater he brake up the Assembly After which the Prelates returning home were universally welcomed but above the rest the Chanon Gilbert was in the mouthes of all men and judged worthy of a good preferment and soon after was promoved to the Bishoprâ—ck of Cathenes and made Chancellor of the Kingdome The year following one Vibianus a Cardinal titulo sancti Stephani in monte Caelio came into Scotland in shew to reform abuses and do some good to the Church but in effect to extort moneys from Churchmen For at this time it was grown to be an ordinary trick of the Popes when they stood in need of moneys to send forth their Legates unto all Countreys sometimes under a colour of reforming abuses sometimes for the recovering of the Holy land and sometimes upon other pretexts This Cardinall having stayed a while in Scotland took his journey into Ireland and in his return would needs make a new visit of this Church for which effect he convened the Clergy at Edinburgh in the moneth of August and established divers Canons which the Clergy esteeming prejudiciall to their liberties did incontinent after he was gone revoke and disannull but what these Canons were our Writers do not remember 18. It was a fatall year this to many of our Churchmen both Bishops and Abbots amongst others Richard Bishop of S. Andrews deceasing King William recommended Hugo one of his Chaplains whom he much favoured to the Convent But they taking another course made choice of the Archdeacon Iohn Scot who was an English born The King displeased therewith did swear by the Arm of S. Iamesâ—this â—this was his ordinary oath that so long as he lived Scot should never enjoy that place So he sent a Command unto the Chanons to make a new election appointing Ioceline Bishop of Glasgow their assistant and thus was Hugo his Chaplain elected The Archdeacon appealed to Rome and going thither complained of the wrong done to the Church entreating the Pope for redresse Hereupon Alexius Subdean of the Romane See was dispatched to try and examine the cause At first the King made difficulty to admit him but afterwards yeelding the two elections being tried by the Legate sentence was given for the first and Iocelin Bishop of Glasgow with the rest of the Clergy that assisted the second excommunicated This done the Legate called an Assembly of the Bishops Abbots and whole Clergy at Haliroudhouse and made Matthew Bishop of Aberdene publickly to consecrate the Archdeacon upon Trinity Sunday 1178. He not the lesse fearing the Kings displeasure left the Realm and went to Rome where he was honourably entertained by Pope Lucius the third who sent Letters to the King and admonished him not to usurp upon the Church and to remit the Bishop who was lawfully elected and consecrated to enjoy his place with quietnesse This Letter the Story saith was conceived in milde terms for the Pope feared to incense the King lest he should follow the ensample of his Cousin Henry King of England that some 8. years before had made away Thomas Becket Bishop of Canterbury for his obstinate and wilfull opposition in some matters not unlike yet the King nothing moved with the Letter to make his displeasure the better known did confiscate all the revenues pertaining to the See of S. Andrews and banished those whom he understood to favour the Bishops cause The Pope advertised hereof resolved to put the Realm under Interdiction But the Bishop prostrating himself at his feet besought him not to use any such rigour saying That he would much rather renounce his dignity then have so many Christian souls for ought that concerned him defrauded of spirituall benefits The Pope highly commending the goodnesse and patience of the Bishop held him from that time forth in more regard and at his request forbare the Interdiction Mean while it happened that VValter Bishop of Dunkeld departed this life whereupon the King taking occasion sent to recall the Bishop with offers of great kindenesse protesting that if it had not been for the oath he rashly made he would willingly have contented to his enjoying of the See of S. Andrews But seeing it did touch him in Honour and Conscience as he esteemed to be yeelding thereto he requested the Bishop to accept the Benefice of Dunkeld which was then fallen void and was in value not much inferiour to the other This the Bishop communicated to the Pope who desired to have the matter quieted advised him to return and accept the offer Thus was the Archdeacon by the Popes consent preferred to Dunkeld having the rents of the Archdeaconry reserved to him during his life in recompence of his losses Hugo this way coming to be possessed Andrews took journey to Rome that he might be reconciled to the Pope and being absolved for his intrusion in his return died some six miles from the City of Rome the 6. of August 1188. ten years and ten moneths after his election At this time newes was brought from the East of the prevailing of Sultan Saladine of Egypt against the Christians in the Holy land which moved Philip the second of France and Henry King of England to undertake the recovery of the Holy land and to employ all their credit and means as well in their own countreys as with other Christian Princes their neighbours for the furtherance of that enterprise To befray the charges of the voyage both Kings by consent of their Clergy and Nobles ordained that all their subjects both Clergy and Laity such excepted as went in the voyage should pay the tenth of all their moveables either in gold or silver King Henry having laid this imposition upon his subjects at home sent Hugh Pusar then Bishop of Duresme with other Commissioners to collect the tenths of the Clergy and Laity in this kingdom which the King and States interpreting to be an encroachment upon their liberties would not permit yet for advancing that holy action they did offer a supply of 5000. Marks sterling which King Henry refused but the enterprise upon a quarel that arose betwixt the Kings of France and England was at that time dashed and so the collection was no further urged King Henry a little after this ended his life and Richard his son who succeeded resolving to pursue the action of the holy Warre to assure the King of Scotland who he feared would take some advantage in his absence restored all the Castles which were delivered to King Henry his Father and released him and his posterity of all Covenants made and confirmed by Charter unto King Henry as extorted from him being then his prisoner reserving only such
I have no Commission to your Majesty but for the ratification of the treaty at Leth yet if you will have me to shew what I think be the cause of my Mistresse offence I will tell it in few words but not as an Ambassadour How soon the Queen my Mistress was crowned you usurped the Title and Arms of England which during Queen Maries reign you never attempted and a greater injury could not be offered to a Prince then that was But saith she My father in law and husband who lived both at that time commanded me so to do after they were deceased and since I have been at mine own liberty I have neither used her Armes nor Titles And yet I see not what wrong it can be to me who am a Queen and had to my grandmother the eldest sister of King Henry the eight to use the Armes of England seeing others more remote in blood have done the like The Marquess of Exeter and Dutchess of Suffolk Neece unto Henry the eight by his youngest sister did bear the Armes of England with borders for a difference and should it be imputed as an injury to me so to do But well I see so she concluded that nothing I do is taken in good part The Quen of England in the mean time falling in some jealousie of the Lords of Scotland because of that which the Queen had said that the treaty at Leth was not made by all their consents and that when she should be amongst them it would appear whether they continued in the same mind sent a letter full sharpnes of to the Nobility and Councel wherein after an ample declaration of the friendship done to them in the late aid they received against the French she complained of the delayes made in the ratification of the accord past at Leth which as it seemed by their Queens words was in their default seeing she had said that before she gave a resolute answer in that matter it behoved her to know their mindes whereof she could not be ignorant so many of themselves being with her of late and messengers going daily betwixt them therefore she desired to know if they did minde to keep the peace contracted and if they continued in that mind that they should procure the Queen to ratifie it at least to advertise her what she might look for at their own hands This letter was speedily answered by the Councel with great attestations that it came never in their mindes to break the peace contracted for in so doing they should make themselves infamous in the world and sin highly against their consciences Of the delay which their Queen made and the reasons thereof they professed to be ignorant Therefore intreated her Majesty to be perswaded of them that next to the glory of God they would study to keep the peace inviolate and that there should be no blame in them if the ratification was not made to her contentment Whilest these things passed at home the Queen of Scots set forward to Callais attended by the Cardinals of Loraine and Guise the Dukes of Guise and d'Aumarll the grand Prior and the Marquess d' Elbeuf her Uncles the Duke of Nemours Monsieur d' Anvile the Constables son and divers others her friends and kinsmen At Abbavile which is in the way to Callais she sent for the English Ambassadour and asked him by what means she might satisfie Queen Elizabeth He answered by ratifying the Treaty of Leth. To whom she replied I have very just reasons to refuse it which ought not to be interpreted as delayes For first that treaty should have been confirmed by my husband and me and cannot now be ratified unlesse it be concluded in my own name alone seeing the King then my husband is expressely named in the accord Next the most of the Articles are performed for all preparations of warre are ceased and the French called back from Scotland But the Queen offendeth said she that I use the title and arms of England This I have not done since my husbands death And if it be alledged that the same is used in Letters Patents given me through France it is known I cannot hinder that for they who pass those letters are not my subjects And for the Articles concâ—rning Religion I trust my own subjects shall have no cause to complain of my severity Thus what I may do I will to give my sister satisfaction And I pray you Monsieur l' Embassadeur do the part of an Ambassadour and rather pacify the Queen then exasperate her in any sort So earnest she was to have all matters of quarrel laid aside fearing that the Queen of England should seek to intercept her by the way and indeed a Navy was put to Sea under colour of suppressing Pirats but the taking of one of the ships wherein were the Earl of Eglinton and other passengers made it suspected that a worse thing was meant Alwayes it fell out so that the Queen of Scots having a prosperous wind passed by the English ships the weather being foggy unperceived and after the sixt day after her embarking which was the 20. of August 1561. did safely arrive at Leth. The fame of the Queens coming noised abroad the Nobility from all the parts of the Realm assembled to congratulate her return and besides them numbers of all sorts of people convened as unto a joyful spectacle for they had not seen the face of their Soveraign for many years and after her marriage with the French King had scarce any hope of a King to reside amongst them which would most certainly have happened if any succession had followed of that marriage For Scotland in that case would have been but an accession to France the mightier Kingdome as Henry the seventh foretold of England and we have seen it verified in our days drawing unto it the weaker and lesser Crown That the Queen therefore was now returned and they delivered of the fears of redacting the Kingdom into a Province they did justly esteem it one of the greatest benefits that could happen unto them Then when they called to mind the variablenesse of fortune how she left a pupill of six dayes old only by the death of the Father was exposed as a prey to those that were most mighty and partly by civil seditions at home partly by the invasions of external enemies from abroad even before she could have any sense oftrouble was forced to forsake her countrey and relegated as it were into exile having hardly escaped the hands of enemies that lay in wait to intercept her and the violence of tempestuous and raging seas And again when fortune began to smile a little upon her and she was honoured with a royal Marriage how these joyes on the suddain came to be changed into extreme sorrows being first deprived of her mother then of her husband a new Kingdome lost and her ancient crown which belonged to her by inheritance standing in a
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
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
King hereupon took purpose to confine some of the principals in several countreys and to commit others who were reckoned most turbulent The Earl of Angus was confined beyond Spey Iohn Levingston of Dunypace and Patrick Drummond of Carnock in the countrey of Galloway Lochlevin and Buchan in Innerness the Master of Glammis Abbot of Dunfermlin and Lord of Cleish were charged to enter themselves in the Castle of Dumbritton William Commendator of Paisley in Blackness and Mr. Iohn Colvil commanded to keep Ward in Edinburgh The whole Angus only excepted disobeying the charge were denounced rebels and Proclamations made commanding all the subjects to be in readinesse for resisting the practises of seditious subjects An oath also was taken of all the Kings domesticks that they should not keep intelligence with any of the rebels or others known to be in his Majesties mal-grace and at this time was Mr. Iohn Metellan who came afterwards to be Chancellour admitted Counsellour of Estate The Queen of England being advertised of this alteration in Court sent Sir Francis Walsingham her principal Secretary to the King to challenge him for breach of promise in readmitting the Earl of Arran and casting off the Noblemen who had maintained his authority and hazarded their lives and estates in defence of his Crown The King answered that he was a free Prince and in ruling his affaires might follow the course which he thought to be most convenient that the Queen would not take it well if he or any other should direct her in matters that concerned her subjects and for the promise alledged he said it was made in time of his restraint to the performance whereof he was not tied As to these subjects of whom the Queen seemed so careful he said that he had freely offered to pardon them upon the acknowledgement of their offence and promise of amendment which he would faithfully observe expecting of the Queen his sister that neighbourhood which became Princes living in amity and friendship and that she would not countenance his subjects in their rebellion The Ambassadour replying Sir the Queen my Mistris will never meddle with your affaires but to work your good and quietnesse Yet she taketh it unkindly that the promises made unto her are so lightly regarded One Holt an English Jesuit who is thought to have an hand in Throgmortons treason that was of late detected being in your prison at the request of the French Ambassadour was permitted to escape whereas the Queen my Soveraign looked daily to have been delivered in England as was promised Nay said the King it was not promised that he should be delivered but as the Queen answered my Ambassadours when I desired Mr. Archibald Douglas to be rendered who is known to be guilty of my Fathers murther I said that the man was charged with certain suspicious practises in my Kingdom which I believed first to try and if the Queen had been pleased to have delivered my subject to me whom I had more then reason to remand I would have made no delay in the rendering of Holt. But for his dimission or my connivence at his escape there is no such thing and if you know or can learn that any indirect means have been used for letting him go the trial and punishment of the doers shall clear my part This said the Ambassadour who was a most worthy and discreet Gentleman declaring that he was satisfied fell to speak of the preservation of peace betwixt the two Kingdomes and of a new league to be made with the Queen whereof the King did shew a good liking and in these termes they left for that time In October next the Church Assembly convened at Edinburgh where great regrates were made and presented in certain Articles to the King First they complained that the benefit of pacification was extended to Mr. David Chalmers a professed enemy to Religion and suspected of the murther of his Majesties Father Next that Papists were grown too familiar in Court and namely the Laird of Fintry who had made defection from the true Religion in which he was educated 3. That Holt a wicked Papist sent to the countrey to traffique against Religion and the State was suffered to escape and no trial taken of the workers thereof 4. That his Majesty seemed to favour too much the enemies of the truth both in France and at home 5. That he had received in his service men of dissolute life and who had never given any testimony of their good meaning either to Religion or the state of the countrey and put others from his service that were known to be zealous of Gods cause and faithful to his Majesties self from his very tender age 6. That since his acceptation of the government the Church had received many fair promises without any performance and that to the contrary the liberties and priviledges thereof were daily infringed 7. That the thirds were set in taks or leases in defraud of the Church 8. That Abbacies were disponed against the Acts of Parliament and no care taken for provision of the Ministers that served at the Churches annexed 9. That spiritual livings were conferred to children and erected in temporal Lordships 10. That there were no punishment for incest adultery witchcraft and the like abominations 11. That there was an universal murmur that no man could be assured of his lands and life the laws of the countrey being wholly perverted 12. That his Majesty did interpone his authority to stay the execution of the Churches Acts in matters properly Ecclesiastical Lastly they regrated the division of the Nobility one part seeking the ruine and overthrow of another for which they did intreat his Majesty to call unto himself the most wise and indifferent amongst them and by their advice to take some moderate course for uniting the hearts of all good subjects to the maintenance of Gods truth the preservation of his Highnesse person and estate and the comfort of all that were grieved at the present division The King desiring to give the Church satisfaction made answer the next day to all these particulars And first concerning Mr. David Chalmers he said that he was only forfeited for the common action for being at Landside field field for which pardon had been given to many so as it should not be thought strange to give him the like benefit especially at their request who had moved him therein and that he no ways intended to grant oversight to him or any others that should be found culpable of his fathers murther or yet professed themselves adversaries to the Religion Touching Fintry he said that he had not impeded the proceedings of the Church against him or any other Popishly affected nor had he been countenanced at Court if the Minister of Edinburgh had not testified that he was willing to conform That for Holts escape he had satisfied the English Ambassadour and that it was no uncouth thing to see
conflict perished the Gallion of Biskay and two other great ships Two Gallions of Portugal the one called S. Philip the other S. Matthew having lost their tackling and being torn with shot made towards the coast of Flanders and were taken by the Zelanders Once as it seemed the General with the rest of the Navy bent their course towards Scotland but not knowing what favour they should find there and the wind blowing fair they resolved to make home by the North Isles The General himself with the best provided vessels took the main Ocean towards Biscay and arrived safely in Spain The rest seeking to take in fresh water partly in the Isles and partly in Ireland were so tossed with tempests and contrary winds that 40. and above were cast away in those Seas A ship of Florence driven upon the West coast of Scotland was spoiled and set on fire by certain Highlanders Shortly the destruction was so great as of the 134. Ships that set fail from Lisbone 53. onely returned to Spain of the souldiers besides the mariners 13500. were lost by one way or other And as they write not a family in Spain of any note there was which suffered not in this expedition having lost either a son or a brother or some nigh kinsman Such was the successe of the Spanish Navy which had been four years in preparing with no small cost and in a few days was thus overthrown one English ship onely being lost and about 100. men in all The King caused solemn thanksgiving for this deliverance to be given to God in all Churches of the Kingdome beginning in his own Court for an ensample to others This was the marvellous year talked of so long before by the Astrologues which this defeat and the accidents that fell forth in France about the end of the same year did in a part make good In this kingdom which we ought ever to remember with thankfulnesse to Almighty God happened no dysaster for which we had cause to be grieved the death of Archibald Earl of Angus excepted who deceased in the moneth of Iuly a Nobleman as in place and rank so in worth and virtue above other subjects of a comely personage affable and full of grace a lover of Justice peaceable sober and given to all goodnesse and which crowned all his virtues truly pious A long time he lived in exile in England not through his own fault but the misfortune of his friends whom he could not forsake After he was restored to the Kings favour no man did carry himself in better sort and in that time which was full of factions he kept himself free of all partakings being imployed in the Lieftenandry of the Borders he discharged himself to his Majesties great content and to the liking of all the subjects and not long after fell into that disease whereof he died leaving no heir male and one only daughter by his second marriage who did not long survive him Never died any Nobleman with greater regrate and so much the more was his death lamented that as it was then thought and afterwards confessed that he was taken away by forcery and incantation In the time of his sicknesse when the Physicians found his disease not to proceed of any natural cause one Richard Graham who was executed some years after for witchcraft being brought to give his opinion of it made offer to cure him saying as the manner of these Wizards is that he had received wrong But when he heard that the man was suspected to use unlawful arts he would by no means admit him saying That his life was not so dear unto him as for the continuance of it some years he would be beholden to any of the Devils instruments That he held his life of God and was willing to render the same at his good pleasure knowing he should change it for a better Thus after a long and languishing disease he died in Smeton near to Dalkeith and was buried in Abernethy in the sepulchre of his progenitors The houses of Angus and Morton which within his person were conjoyned went by provision of Taile to the Lairds of Glenbervy and Lochlevin The hopes that our Catholicks conceived of the Spanish Navy being now frustrated they had lost heart quite but that the Prince of Parma did of new encourage them by his letters shewing that the losse was nothing so great as it was given out to be and giving them hopes of another Army that set out more timely and to be with them the next spring These letters were sent by one Mr. Robert Bruce and delivered to Huntley to be communicated with the rest of that faction Shortly after came one Iohn Chesholme bringing with him ten thousand Crowns which were delivered to Bruce to be used as he thought most fit for advancing the cause The Earl of Huntley made instance to have the third part of the summe Lord Claud Hamilton pleaded for as much and Maxwel lying then in prison held no lesse to be due to him But Bruce excused himself by the charge he had to dispone the mony by the advice of David Graham of Fintrey who was warded at the same time in Dundey and payed them all with one answer The Lord Claud more covetous then the rest because he could not come by any part of the money grew more cold in the business Maxwel had some sent him for his consolation in the prison But Huntley having at the Kings desire subscrived the confession of faith and reconciled himself to the Church was wholly neglected This he excused afterwards by a letter to the Prince of Parma professing That after the escape of Colonel Semple he found himself so busied on all hands and in such sort pressed by the King as it behoved him either to yeild or depart out of the countrey or then to have taken the fields which well he could not do all hope of help being taken from him by the return of the Navy of Spain but in what he had failed he should endevour to amend by some good service tending to the advancement of the cause of God who had put him he said in such credit with the King as he had broken his former guards and made him establish others about his person by whom at all occasions he might assure himself and be Master of the King and so when the support promised should arrive spoile the hereticks of his authority and make sure the Catholicks enterprises Therefore besought him to be perswaded of his unchangeable affection albeit in outward action he was forced to accommodate himself to the necessity of the time This letter was dated at Edinburgh the 24. of Ianuary 1589. Another of the same date was sent by the Earl of Arrol whom Mr. Edmond Hay the Jesuit had seduced and brought on that course to Parma bearing That since his conversion to the Catholick faith he did ever think himself obliged to procure the
Archibald Campbell of Lochinzell his brother Iames Campbell Mackneill Baray and about 700 common-souldiers on Huntleys part besides his uncle Achindown 12 only were killed but many were hurt and wounded This fight happened on Thursday the 3 of October 1594 and is called by the Countrey people the battell of Glenlivat albeit it was fought on a hill three quarters of a mile distant The victory fell happily on Huntleys side for the Countrey people who should otherwise been miserably spoiled if Argile with his forces had prevailed The Lord Forbes with the Lairds of Bughan and Drumchat were advancing to assist Argile upon advertisement of his defeat and that he was turned back made after him thinking to perswade him return But by the way a gentleman of the name of Irwyn being killed by the shot of a Pistol in the dark of the night there entered such a distrust and jealousie amongst them none knowing who was the doer as presently they separated and went home The King had the news of Argiles defeat brought him to Dundee which made him hasten his journey to the North. The 16 of October he came to Aberdene where councell was taken for demolishing the houses of Strathbolgy Slains and Newton In this service the Earl of Marshall was imployed having some Companies of horse and foot allowed him till the same was accomplished Huntley and Arroll during that time did lurke in Sutherland thinking how soon the King returned Southto come back into their Countreys but the Duke of Lennox being left Lieutenant in those parts by the counsell and assistance of those that were appointed to attend him put them to such extremity as they made offer to depart forth of the Realm and laid surety neither to return without his Majesties license nor to practise against Religion and the State whilest they stayed abroad It was debated a while whether or not such a capitulation might stand with the Kings honour and his Majesty being thereupon consulted in regard of the many difficulties that pressed him in the time and that it made for the quietness of the kingdome to have them put away the surety offered was accepted which done the Duke of Lennox having stayed in those parts three moneths returned about the third of February to Edinburgh Bothwell now was in miserable plight being hated of the Queen of England for his combining with the Popish Lords Excommunicated by the Church and forsaken of his fellowes especially M. Iohn Colvell who had followed him in all his troubles and knew the places of his resset for he had made his peace and as the rumor went betrayed Hercules Stewart Bothwells brother who the same time was executed publickly in the street of Edinburgh These things did so increase his fears as not knowing whom to trust he stole away privately to France The King hearing that he was gone and had taken land at New haven in Normandy sent a Gentleman to the French King to demand him as one who was declared a traitor and if that was denyed to desire that he might be banished France The answer of the French King was That he should give him no Countenance but since he had taken his refuge thither he could not but suffer him enjoy the free ayre of his Countrey Some moneths he remained there till either wearied of the bad entertainment he found or as it was said for challenging a Gentleman to combate against the Kings edict he was forced to quit those partes and fly into Spain from thence he went to Naples where he lived in a poor estate unto his death which happened some years after the King his going into England How soon Bothwell was gone all his followers did sue for pardon Sr. Iames Scot of Balwery offering to exhibite the bond made at the Church of Menmore betwixt Bothwell and the Popish Lords which he had in custodie was brought before the Councell and having produced the same laid open all their plots By his deposition it appeared that Sir Iames Duglas of Spot was the principal worker of that agreement Whereupon the Ministers of Edinburgh were called and the bonds shewed unto them bearing a mutuall concurrence in all things Religion not excepted Whereupon they were desired to pronounce Spot excommunicated as one that had made defection from the truth and was otherwise suspected of haynous crimes but they excusing themselves the Commissioners of the generall Assembly were called to meet at Striveling who after some debating the sentence was pronounced against him Balwery after a few days imprisoned was set at liberty and remitted but never prospered after that time and ruined his house utterly for an ensample to all that will be medling with factious and seditious Rebells The year following an Assembly of the Church was kept at Montrose in the moneth of Iune where the Commissioners for the King did urge these Articles First Whosoever did medle or practise in any treasonable enterprise against his Majesties person and estate being found and declared culpable by law they should likewise incurre the sentence of Excommunication that so there might be an inseparable union betwixt the two swords Secondly that no Excommunication should be pronounced at the appetite of particular men but that a sufficient number of the Church should be first Assembled and the same determined by publick consent Thirdly That none should be Excommunicated for civill causes crimes of light importance or particular wrongs of Ministers lest the censure should fall into contempt and become like the Popes cursing Fourthly That no summare Excommunication should be thenceforth used but that lawfull citation of parties should go before in all causes whatsoever To the first the Assembly agreed with the clause Legitimâ cognitione Ecclesiasticâ praeeunte To the second they likewise condescended But to the third and fourth they answered that those being points of great weight and craving a mature deliberation could not on the sudden be determined and so continued the resolution thereof to the next Assembly discharging in the mean time any summary Excommunication to be used with this exception Nisi salus ecclesiae periclitetur The exception displeased the King for he thought it would serve the turbulent sort for a colour to all their proceedings But there fell out in the mean time a business which made all these things be forgotten The Queen moved by some that envied the Earl of Marre his credit laboured to have the Prince her son in her own custody and had drawn the Chancellor and divers of the Councell to promise their assistance Advertisement given of this to the King who was then at Falkland he came to the Queen at Halyrud-house and inhibiting any of the Councell to come towards him till he should call them dealt so with the Queen that he diverted her from that course and made her go and remain at Striveling How soon she was gone calling the Chancellor and such of the Councell as
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
children and their exhibition as was appointed made them in after times no less troublesome to the Countrey then before In the end of the year the Earl of Dunbarre departed his life at whitehall a man of deep wit few words and in his Majesties service no less faithfull then fortunate The most difficile affaires he compassed without any noise and never returned when he was employed without the work performed that he was sent to doe His death made a great change in our Estate Sir Robert Ker a son of Farnherst who had served the King long in the quality of a Page and was then grown powerfull in Court carrying all things by his credit At first the Thesaurers Office which was in the person of Dunbar whilest he lived was trusted to certain Commissioners but after a little space the same was bestowed upon the said Sir Robert and he preferred to be Earl of Somerset The guard that Sir William Cranston a Gentleman of great worth did command and wherewith he had performed divers notable services in the Borders was taken from him and given to Sir Robert Ker of Ancram Somersets cousin Sir Gedeon Murray his Uncle by the Mother made Deputy in the Office of Thesaury and Sir Thomas Hamilton his Majesties Advocate who had married his sister placed first in the office of Register and afterwards made Secretary all which was ascribed to Somerset his credit Yet these things were not ill taken the last excepted for Sir William Cranston being content to resigne his place the King in remembrance of his good service did preferre him to be a Lord of Parliament Sir Gedeon his abilities for the services he was trusted with were known to all and for the Advocate his sufficiency was undoubted only the manner of his coming to be Register was not so well interpreted Sir Iohn Skeen had enjoyed the place a good many years and being grown in age and infirme thinking to get his son provided to his office had sent him to Court with a dimission of the place but with a charge not to use it unless he found the King willing to admit him yet he abused by some politick wits made a resignation of the Office accepting an ordinary place among the Lords of Session The office upon his resignation was presently disponed to the Advocate which grieved the Father beyond all measure And the case indeed was pitifull and much regrated by all honest men for he had been a man much employed and honoured with divers legations which he discharged with good credit and now in age to be circumvented in this sort by the simplicity or folly of his son 't was held lamentable The King being informed of the abuse by the old mans complaint was very carefull to satisfie him and to have the son reconciled to his father which after some travell was brought to passe yet so exceeding was the old mans discontent as within a few daies he deceased The office of Register was shortly after enterchanged with the Secretary Sir Alexander Hay and he made keeper of the Rolls the Lord Binning Secretary and Sir William Oliphant received to be his Majesties Advocate In the beginning of the next year there happened diverse unhappy quarrels betwixt the Scots and English at Court which was like to have produced very bad effects and nothing worse taken then the slaughter of an English Fencer by the Lord Sanqhars instigation who for an injury alledged did hire one called Carleill to kill the Fencer this fact committed in the City of London and so near to the Kings Court caused such a heart-burning among the people as it was not farre from breaking forth into a generall commotion But his Majesty preventing the danger made Sanqhar to be arrested and brought to his triall where being convicted he was hanged publickly at the Palace-gate of Westminster This act of justice gave the English a great content nor was the death of the Nobleman much regrated by his own Countrey people for he had lived all his time dissolutely and falling in familiarity with a base Curtesan at Paris had by her a son to whom he entailed his lands intending to defraud the heir But the King taking the matter into his own cognition did by compromise adjudge the succession to the just inheritour appointing a little portion to the base son who in a short time made away the same prodigally Not long before his Majesty being informed of a course kept by the Church in excommunicating persons that were fugitives for capitall crimes sent to the Bishops and Clergy a Letter of this tenor The Ecclesiasticall Censure of Excommunication which should be inflicted upon such as having committed any scandalous offence are contemners of the admonitions of the Church is as we have been enformed so farre absued against the first institution that we cannot sufficiently mervail of the proceeding said to be commonly used among you namely that persons fugitive for capitall crimes being cited before Ecclesiastical Iudicatories although it be known that they dare not compeir for fear of their life are sentenced as persons contumacious whereas the fear they stand in ought in reason to excuse their absence since they cannot be judged contemners of the Church who upon just terrors are kept back from giving their personall appearance In a late Treatise the Venetian Padre Paulo did learnedly confute the sentence pronounced by the present Pope against him for his not appearing to answer in the cause of heresie only upon the just fear be pretended and had his appeal justified by all indifferent men from the Popes sentence as abusive your proceedings for the manner is no other and by the learnedst Divines in these parts resembled to the Moscovites form who if he be offended with any person commandeth him to send his head unto him just so your citations are in the foresaid case which is to will the offenders come in and be hanged which were they never so penitent is not to be thought they will doe for they will rather fall under your censure then hazard themselves in the hands of the justice This being the ready way to bring the Censures of the Church in contempt Our pleasure is that hereafter there be no such form of proceeding used among you Notwithstanding if it shall happen such offenders to obtain our pardon and that the fear they stand in of their life be removed we mean not but that they should be called before the Church and Censures used against such of those that are impenitent Hereof perswading our selves that you will have care and not give way to the abuse in time coming We bid you farewell Upon the receipt of this Letter the Bishops convening with certain of the Clergie to advise what course was fittest to be held in these cases a long reasoning was kept some maintaining That the form practised by the Church was not to be changed they having tried the good thereof
conference at Hampton Court His Majesties proposition at the meeting An. 1603. Doctor Reynolds speech in behalf of the Petitioners The particulars complained of The meeting continued to 18 of Ianuary The effect of the meeting and his Majesties exhortation to the Clergy The Chancellor of England his judgement of the King The number deposed for disconformity An. 1604. A Parliament in England for the union The English Commissioners The power given them by the Parliament A Parliament in Scotland to that purpose The Scottish Commissioners The power granted hâ—em Westminster appointed for the place of meetting Articles of the union Hostile lawes extinguished The name of Borders abolished Order for sentences not satisfied Participation of Commâ—dito be mutuall Inequality of priviledges to be be tried Importation to be free to both people Exportation of Goods prohibited made unlawfull to both Order for Native Commodities Order for Customes Scots may be associated in English Companies Order for transportation Punishment of such as shall transgress Caution to be given by the owners and Masters of Ships Indifferency of fraighting Poâ—â—nati declared free Exception for Offices of the Crown Reservation of his Majesties Prerogative Remanding of malefactors A scroll of the Articles presented to the King The Kings speech to the Commissioners The title of great Britain assumed Peeces of gold and silver coyned The Earl of Montrosse made Commissioner of the kingdom The Lord Fiâ—â— received Chancellor An. 1605. The generall Assembly continued A number convene notwithstanding the discharge The names of them convened The Kings Commissioner dischargeth the meeting The Ministers denounced and cited by the councell for their disobedience Some confess their fault and are pardoned Oâ—hers maintain their meeting and are Committed The proceeding of the Councell condemned by the Ministery His Majesties Declaration touching some rumours dispersed The King his resolution in making no sudden change in the Church policy The form of their Declinatour The Assembly declared unlawfull Some of the Ministers pursued criminally The Indictment Exception proponed by the Advocates The Reply to the Exception The Ministers found guilty of Treason A Proclamation that none should oppose the decision of the Justice A Convention of Estates His Majesties Letter directed to the Estates The Acts passed in the Convention The history of the Powder Treason The Jesuits approve of the enterprise The Conspirers swear secrecy A Cellar hired for the myne A deliberation for the Kings children Contribution for the enterprise Catholicks to be stopped from coming to the Parliament No forain Princes to be acquainted therewith Intention to proclaim Lady Elizabeth Queen The Conspiracy detected The Letter sent to the L d Mounteagle The secrecy of so many very strange An. 1606. Mr. Iames Melvills answer in name of the rest His Majesty proponeth three questions to them A time is desired by them and granted The second audience The Bishops judgement of the meeting at Aberdene Mr. Addrew Melvills answer touching the same Mr. Iames Balfour his answer Mr. Melvill his answer Mr. William Scot his answer interrupted by Mr. Andrew Melvill The Ministers called before the Scottish Councell They are discharged to return into Scotland The Kings pleasure touching the warded Ministers The letter to the Justice prescriving the forme of the sentence A Letter from his Majesty to the Councell The sentence pronounced by the Justice A Proclamation against Jesuits Mr. Andrew Melvill committed to the Tower The Observation of the Writer An Assembly indicted at Linlithgow His Majesties letter to the Assembly An overture sent from his Majesty to the Assembly Some brethren deputed undergoe to consider the overture The overture embraced with some cautions Cautions for the constant Moderators The cautions and overture approved A complaint of the Papists and their ininsolencie Petition from the Assembly to his Majesty His Majesties answer An. 1607. His Majesties pleasure touching the Popish Noblemen Direction to the Councell for constant Moderators The Synod of Perth discharged The Synod of Fife discharged A Provest placed in the new Colledge of S. Andrews The Ministers permitted to return from London Alexander Lord Spynie killed Trouble betwixt the Earl of Morton and Lord Maxwell Maxwell committed maketh an escape The Laird of Iohnston most treacherously killed by Maxwell An. 1608. The Earl of Argile made Lieutenant of the Isles A Parliament in Scotland for the union Provisions for the union An Assembly in Linlithgow for restraining Papists The Marquis of Huntley excommunicated The causes of the defection partly in the Church The remedies of the same The cause of the defection proceeding from others Supplication to his Majesty for redresse of these evils Petitions to his Majesty for repressing Popery The Secretaries journey to Court He is charged for writing a letter to the Pope and stealing his Majesties hand thereto The Secretary charged with the fault before the Councell His answer tothe Lords of the Councell Chancellor Egerton pronounceth sentence against him Sprot his execution The Commissioners of the Assembly have audience His Majesties answer A convention at Edinburgh An. 1609. The Chancellor admitted Counsellor of England Acts made for Religion Acts made against ravishing of women The Secretaries tryall at S. Andrews His indictment The Secretary his speech and answer to the indictment His protestation of two things The Jury sworn The doom pronounced against Balmerinoch A Parliament at Edingburgh An. 1610. An Assembly at Glasgow The moderators paid of the stipend promised A supplication in name of the Popish Lords Huntly freed of his confining The Earl of Arroll troubled for his simulation The Earl of Angus goeth to Paris The Archbishop of Glasgow called to Court The business proponed by his Majesty The Archbishop his answer The consecration questioned The High Commissioners appointed Directions for the High Commissioners and other matters Ecclesiasticall An. 1601. Directions for matters Ecclesiasticall The Clergy doth approve the directions Orders for the Councell An. 1611. A Proclamation against bearing of quarrell The troubles of Orkney The Earl of Orkney committed and his Acts of Court discharged The Clangregore to be rooted out The deuh of the Earl of Dunbarre Somerset his rising Advocate made first Clerk Register afterwards Secretary Sir Iohn Skeen dyeth of grief An. 1612 The Lord Samqhar executed in England Excommunication of persons for criminall and capitall cases if they become fugitive The Clergy agree to reform this point The death of the earl of Eglington and the disposition of his living to his Cousin A Parliament in Scotland A subsidy granted The L d Burleigh removed from Councell An. 1613. The death of Prince Henry The marriage of the Lady Elizabeth with the Palgrave The King acquireth the lands of Orkney Rebellion in Orkney The Earl of Cathnes imployed to suppresse the Rebels Persons executed for the Rebellion The death of the Bishop of Rosse The Earl of Orkney put to triall An. 1614 The Earl of Orkney his indictment The persons named for the Jury The sentence pronounced The execution of