and for their own safety tyed to second and assist all their intentions and to advance their ends The King is conveyed to Edenburgh and shortly after he either enclosed himself in the Maiden Castle as his Lodging or which is more probable was there by the contrary Faction committed as his Prison the Earl of Athol and some other Lords being appointed to attend him During this time the general humours of the Kingdom being ripe for mischief Alexander Duke of Albany every thing falling right as it was plotted prevailed so with King Edward that the Duke of Gloucester the King of Englands brother with the Title of Lieutenant General for him set forwards toward Scotland The Army consisted of Two and twenty thousand and five hundred In his retinue went of the Nobility Henry Earl of Northumberland Thomas Lord Stanley with them was the Duke of Albany The Earl of Dowglass came not being reserved for an after-game The Duke of Albany having been before Commander of Berwick and a Man who was still in his absence beloved of that Garrison diverted the Duke of Gloucester from Anwick where he had incamped in June to assail the Town of Berwick By his intelligence they enter the Town without great opposition and it is given up to their discretion The Castle by the Lord Hails the Captain was made good against their assaults The Duke of Gloucester fore-seeing that this Siege would spend much time considering the uncertainty of events and being invited to march forward by the Lords of the association of Scotland committing the charge of assailing the Castle to the Lord Stanley Sir John Elrington and Sir William Parr with the body of the Army marched directly to Edenburgh The Country lay open to their Invasion no Army taking the Field to oppose them they came in Scotland the twentieth day of August One thousand four hundred eighty two 1482. The Army encamped at Restlerig the Duke himself entred the Town of Edenburgh which at the intreaty of the Duke of Albany who was his Harbinger he spar'd receiving such presents as the Citizens offered unto him His entry seeming rather a Triumph than Hostile Invasion The King being shut up from him and immured in the Castle the Duke by a publick writing at the Market Places gave out high Demands That King James should perform what he had Covenanted with his Brother King Edward That he should give satisfaction for the Damage done the English during the last Inroads of the Borders which if he refused to accomplish he as Lieutenant to his Brother was to exact of him and take satisfaction of his Country denouncing him open War and proclaiming him all Hostility King James forsaken of his People and wronged by his Lords laying aside his Passions and taking to him more moderate and discreet thoughts as a Man in Prison answered nothing to his Demands The Lords who by their Kings misfortune had reckon'd their felicity having obtain'd what they chiefly desir'd to obviate the common and last danger the thraldom of their Kingdom by these strangers whom they had drawn into the Country for the recovery of their liberties assemble themselves together at Hadington with some Companies not to Fight but to Supplicate They sent the Lord Darnley and the Elected Bishop of Murray to entreat a suspension of Arms and require a firm and lasting Peace for time to come The beginning of the War and taking of Arms was for the safety of this the neighbour Country of England miserably thral'd by a licentious Prince there was nothing more unworthy of a King or Republick than not to keep their promis'd Faith The English could have no colour for executing their indignation further upon this Country which already by the rapine of their own Men was impoverish'd and unmanur'd Only now to be recover'd by entertaining Peace with their Neighbours and amongst themselves They require that the Marriage contracted between the Prince of Rothesay and Lady Cicily King Edwards Daughter might be accomplish'd when it should please the King of England and the age of the two Princes might suffer it For any spoil taken in these last incursions the interest considered upon both sides satisfaction should be given out of the publick contributions The Duke of Gloucester as forgetting and seeming not to know the grounds of their coming into the Country and looking to nothing more than his own Fame and Glory Answer'd his coming into Scotland was to right the honour of his Country so often violated and to restore the Duke of Albanie unjustly commanded to Exile to his own native soyl and the dignity of his Birth as concerning the Marriage of the Prince of Scotland with the Daughter of England He knew not how his Brothers resolution stood at the present whereupon he requir'd repayment of the monys lent to their King upon their first agreement and withal a delivery of the Castle of Berwick up into his hands or if they could not make the Castle to be render'd they should give their oaths upon the holy Evangelists that they should neither assist the Besieged or harm the Besiegers till the Castle were either by Force taken or upon fair conditions rendred The Lords having received this Answer yielded freely to all the Conditions except they found themselves perplexed in the rendring of Berwick it being a Town of old appertaining to the Crown of Scotland though by force and Violence the English had a long time kept it That did not take away their right and Title After much contesting agreeing to the surrender of Berwick they desired that the Walls of the Town should be demolished that it might not be a place of Tyranny and Incursion over their bordering Countries No arguments could prevail against the Duke of Gloucesters Resolutions and being stronger in Power he persever'd in his demands and in all likelihood this was agreed upon between the Duke of Albany and the Confederate Lords and the English before their entring Scotland Thus the Castle and Town of Berwick returned to the English the Twenty fourth of August One thousand four hundred eighty two after it had been delivered by Queen Margarite to gain Sanctuary for her Husband King Henry when expelled England and remained in the Possession of the Scots twenty and one years They likewise appointed a day for restitution of all the Monys lent by King Edward and promised upon a full discussion to make satisfaction for all dammages done the English by any Inroad of the Scottish Borders For the Duke of Albanies provision whose safety was principally pretended in this Expedition a general Pardon was promised for him and all his followers Together with an abolition of all discontents whereby he had given unto him the Castle of Dumbar with the Earldoms of Mar and March he should be reinvested in all his former Dignities and Places and by consent of the Nobility of Scotland he was Proclaimed Lieutenant of the Kingdom The Peace Proclaimed the Duke of Gloucester in
with great loss to both and little advantage to any of the Parties Richard having his Reign in his Infancy and not yet settled nor come to any growth and maturity being obnoxious to the scandal of his Brothers Sons and possessed with fears of Henry Earl of Richmond then remaining in France who by all honest and good men was earnestly invited to come home and hazard one day of battel for a whole Kingdom knowing it necessary for the advancement of his designs to have Peace with all his Neighbour Princes to render himself more secure and safe at home and terrible to his Enemies abroad sendeth Embassadours to Scotland to treat a Peace or a suspension of Arms for some years King James no softlier rocked in the Cradle of State than Richard chearfully accepteth this Embassage for by a Peace he may a little calm the Stormy and wild minds of tumultuous Subjects reducing them to a more quiet fashion of living and seclude his Rebels and banisht from entertainment in England and all places of Refuge and Sanctuary The two Kings agreeing in substance Commissioners are appointed to meet at Nottingham the seventh day of September For the King of Scotland appear'd the Earl of Arguil William Elvingstoun Bishop of Aberdeen the Lord Drummond of Stobhall the Lord Olyphant Archibald Whitelaw Secretary Duncan Dundass Lyon King of Arms. For Richard of England appeared the Duke of Norfolk the Earl of Northumberland the Lord Stanley the Lord Gray the Lord Fitshugh John Gunthrope Privy Seal Thomas Barrow Master of the Rolls Sir Thomas Bryan Chief Justice In the latter end of September these conclude a Peace between both Realms for the space of Three years The same to begin at the rising of the Sun September twenty nine in the year One thousand four hundred eighty four and to continue unto the setting of the Sun on the Twenty ninth of September in the year One thousand four hundred eighty seven During which time it was agreed that not only all Hostility and War should cease between the two Realms but that also all Aid and Assistance against enemies should be afforded It was agreed the Town and Castle of Berwick should remain in the hands of the English for the space of the foresaid term with the same bounds the English possessed That all other Castles Holds Fortresses during the term of three years should remain in the hands of those that held them at that present the Castle of Dumbar only excepted which the Duke of Albany delivered to the English when he left his Country Which Castle for the space of six months should be exposed to the Invasion of the Scots if they could obtain it and during the assaulting of this Castle the Truce should not be broken Neither should the English within the Castle do any harm to the Scots dwelling thereabouts except to those who invade the Castle and at that time And that it should be lawful to any of the Parties to use all Stratagems and extend their power either for winning or defending the said Castle It was agreed That no Traitor of either Realm should be received by any of the Princes of the other Realms and if any Traitor or Rebel chance to arrive in either Realm the Prince thereof should deliver him upon demand made Scots abiding within the Realm of England and sworn there to the King may remain still so their names be made known to the King of Scotland within fourty days If any Warden of either Realm shall Invade the others Subjects he to whom such a Warden is subject shall within six days Proclaim him Traitor and certifie the other Prince thereof within twelve days In every safe conduct this Clause shall be contained Providing always that the Obtainer of the safe Conduct be no Traytor If any of the Subjects of either Prince do presume to Aid and help maintain and serve any other Prince against any of the Contractors of this Truce then it shall be lawful for him to whom he shewed himself enemy to apprehend and attach the said Subject coming or tarrying within any of their Dominions Collegues comprehended in the Truce if they would assent thereunto on the English part were The King of Castile the King of Arragon the King of Portugal the Arch-Duke of Austria and Burgundy the Duke of Bretaign Upon the Scottish part Charles King of Denmark and Norway the Duke of Guilderland this Treaty was appointed to be Published the first of October in all the great and notable Towns of both Realms It was agreed that Commissioners should meet at Loch-maben the eighteenth of November as well for Redress of Wrongs done on the West Marches as for declaring and Publishing the Peace where the greatest difficulty was to have it observed Richard after this Truce intreated a Marriage between the Prince of Rothsay eldest Son to King James and Lady Ann de la Pool Daughter to John Duke of Suffolk of his Sister To this effect Embassadours met at Nottingham others say at York and it is concluded Writings thereupon being drawn up ingrossed and sealed And Affiances made and taken up by Proctors and Deputies of both parts Lady Ann thereafter being stiled the Princes of Rothsay But by the death of her Uncle she enjoyed not long that Title After the League and intended Marriage King James wrote friendly Letters to Richard concerning the Castle of Dumbar Whether he could be content that the same should remain only six months in the power of the English or during the whole space of Truce That he was not minded to seek it by Arms during the term of the whole Truce Notwithstanding he earnestly required out of the bond of Love and friendship between them since it was given unto the English by Treason and neither surprised nor taken in lawful War it might be friendly rendred Richard dall'yd with him and pass'd away that purpose with complemental Letters all the time of his Government which was not long for the year One thousand four hundred eighty six Henry Earl of Richmond came with some Companies out of France of which that famous Warriour Bernard Stuart Lord Aubany Brother to the Lord Darnley in Scotland had the Leading which by the resort of his Country men turned into an Army and rencountred Richard at Bosworth where he was killed and Henry-Proclaimed King of England To which Victory it was uncertain whether Vertue or Fortune did more contribute Alexander Duke of Albany before this disaster of Richard at a Tilting with Louys Duke of Orleance by a splint of a Spear in his head had received his death-wound One thousand four hundred eighty three He was a man of great courage an enemy to Rest and Peace delighting in constant changes and novations He left behind two Sons John Duke of Albany begotten of his second Marriage upon the Earl of Bulloignes Daughter who was Tutor to King James the Fifth and Governour of Scotland and Alexander born of the Earl of Orkenays Daughter his
labour from returning into Scotland again Eight Lords were chosen to have the custody of the Kings person quarterly every one his Moneths successively and the whole to stand for the Government of the State yet with this Limitation That the King by their Counsel should not determine nor ordain any thing in great affairs to which the Queen as Princess and Dowager gave not her free consent and approbation The Lords were the Arch-bishops of St. Andrews and Glasgow the Bishops of Aberdeen and Dunkell the Earls of Anguss Arran Lennox Arguyl Time urging resolution the Lords of Parliament direct the Earl of Cassiles again to the Court of England to declare their resolution concerning the marriage of the King and the establishing a Peace between the Kingdoms The news of the overthrow of the French Army and the taking of their King at Pavia by the Imperialists being come to the Court of England before the Arrival of the Earl of Cassiles King Henry told the Scottish Embassadours in plain terms He could not determine any thing concerning the Marriage of his Daughter without acquainting the Emperour her neerest Kinsman and his Confederate with his proceedings which could not be done in hast and so soon as they required considering the troubles of Italy Hereupon the Embassadours their hopes of this Alliance delayed having obtained a Truce between the two Nations for the space of three years and three moneths faithfully to be kept returned to their own Country The State began of new to be tossed by the troublesom Factions of the Queen and Earl of Anguss the Original of which sprang from matters of the Church the Abbacy of Holy-rood-House falling vacant by the promotion of George Creightoun Abbot to the Bishoprick of Dunkell the Earl of Anguss to whom the custody of the King was entrusted either by lot or consent moved him to confer this Abbacy upon his Brother Mr. William Prior of Coldinham without acquainting the Queen with the Gift or seeking the consent of the other Rulers at this the Queen turned so displeased that abandoning the King to the pleasure of the Earl of Anguss She with her Followers retired to Sterlin By this inconsiderate retreat the Earl administred all alone leaning to the greatness of his own power that some might have thought the Queen set her Game to make up his All favours and punishments pass by him All Offices and Places of importance are distributed to his favourites He made Archembald Dowglass his Uncle Treasurer Sir George his Brother Great Chamberlain the Abbacies of Coldingham and Holy-rood-House were in his Brothers hands neither temporal nor ecclesiastical Dignity escapt him his greatness instantly procureth him envy The Arch-Bishop of Saint Andrews the Earls of Arran Arguyl Murray who were of the Queens faction lay a plot to accuse Anguss of high Treason They challenge him That he kept the King against his will insolently restrained his Liberty and that contrary to the order established by the Estates which was that the custody of his person should every four Moneths by turns be allotted to the Governours of the Country in a Circle That he could not dispose of any thing of moment alone the contrary of all which he had usurped whereupon they charge him to dismiss the King and restore him to them and the other Counsellours equall in Government with him under the pain he should be reputed a Traytor and no loyal Subject for this invassalling his Prince to his attendance The Earl of Anguss himself to this answered not but Sir George his Brother moved the King to give the answer himself His Mother and those other Rulers should not be thus solicitous for him for with none more cheerfully willingly and contentedly could he live and spend his time than with the Earl of Anguss neither could he leave the company of one so highly favoured of his Uncle and so well meriting of himself For all this answer he had secretly sent Letters to his Mother and those of the adverse party intreating They would remove him from the Earl and not suffer him any longer to remain under his imperious Government and if it could not be otherways done to accomplish it by main force of arms if they had any pitty or if any Sparks of duty remained unquenched in them towards him if they dared Enterprize ought for a Royal though now thrâ—lled Supplyant or obey the Command of a King in Prison that the answer which he sent before unto them and his Mother was by constraint and compulsion drawn from him and far from his Mind Upon this advertisment the Queen and they of her Faction assemble what power they could raise in such a suddenness at Sterlin and with great expedition marched towards Edenburgh to separate the King from the Earl his Guardian Who resolved to repel force by force with the Townsmen of Edenburgh many friends and adherents and the King though against his will marched out of Edenburgh to encounter the fight of these Rebels When the Leaders of the Queens forces understood the King in person was in the adverse Army either dazled with the splendour of the presence of a King or fearing if they joyned in battel the person of their Prince might be endangered or that they found themselves not strong enough in number and arms for a Conflict they retired back again to Sterlin where they disbanded and returned every man to his own dwelling place The Queen with the Earl of Murray went to Murray-land the Earl of Arran and Arguyl to the West the Archbishop of St. Andrews to Dumfermling This Faction dissipated the Earl of Anguss remained more stable and assured of his Guardianship and now he findeth no Competitour The want of the great Seal being a hinderance to many of his projects and he disdaining to be a suiter to his enemy for dispatch of publick affairs caused the King send a Letter for it and the Archbishop with all respect sent it immediately to the Earl with whom to be equal he took himself to new Meditations The Queen many waies provokt by her Husband the Earl of Anguss and lastly by detaining her Son against his will and contrary to the publick course agreed upon the Archbishop persuaded her To intend a process of Divorcement against him and dissolve her marriage this might produce some great effect at least it could not but diminish the Earls reputation among the people The Queen and the Earl many times in private between themselves agreed upon a separation disliking each others conditions for it was fatal to her as to her Brother King Henry to delight in change of Wedlock and be jealous of her Matches The Earl is therefore cited before the Archbishop of St. Andrews to hear the sentence pronounced according to the Laws of the Church in those times at the day appointed he appeareth The Queen alledged He had been betroathed given his faith and promise of marriage to a noble woman of the Kingdom a daughter of
Aberdeen Alexander Cornwall Arch-Dean of Lothian These coming to London were graciously received by the State and severally entertained by King James and so many friends as either his Alliance or Virtues had acquired After some few days stay desiring to have audience in Counsel they were admitted where Bishop Lightoun is said to have spoken to this effect The respect and reverence which the Nation of the Scots carryeth toward all Kings is all where known but most that love and loyalty which they have to the sacred Persons of their own native Princes for as Monarchy is the most ancient form of Government so have they ever esteemed it the best it being more easie to find one instructed and trained up in heroical virtues than to find many And how well soever Governours and Vice-Gerents rule the Commmon-wealth yet is that Government but as the light of the Moon or stars in absence of the Sun and but representations of shadows for real Bodies This hath moved the three estates of that Kingdom to direct us here unto you Our King these many years hath been kept from us upon just or unjust Grounds we will not argue that providence which hath appointed every thing to its own end hath done this for the best both to you and us and we are now to treat with you for his Delivery Beseeching you to remember that his Father of Sacred memory recommended him out of that general duty which one Prince oweth to another to your Kings Protection in hope of Sanctuary and in request of aid and comfort against secret and therefore the more dangerous Enemies And to confess the Truth hitherto he hath heen more assured amongst you than if he had remained in his own Countrey your favours being many ways extended towards him having in all liberal Sciences and vertues brought him up That his abode with you seemeth rather to have been a remaining in an Academy then in any Captivity and thus he had been lost if he had not been lost Besides tho we have the happiness to claim his Birth and Stem ye have the claim of his Succession and Education He being now matched with the Royal Blood of England in Marriage Thus his Liberty which we entreat for is a benefit to your selves and those Princes which shall claim the descent of his off-spring For if it should fall forth as what may not by the variable changes of Kingdomes come to pass that this Prince by Usurpers and Rebels were disgarnished of his own Crown they are your Swords which should brandish to set him on his Royal throne We expect that as ye have many ways rendred him yours ye will not refuse to engage Him yet more by his Liberty which he must acknowledge wholly and freely to receive from you and by benefits and love to overcome a King is more than by force of Arms. And since he was not your Prisoner by chance of War having never raised Arms against you but by way of Protection detained here and entertained so ye will respecting your ancient honour and Generosity send him freely back to his own yet if it be so that ye will have acknowledgment for what ye have bestowed on his education the distress of the present estate of his Subjects and Crown considered We will not stand upon trifles of Money for the Redemption of a Prince above all price The Lords of the Council were diverse ways inclined to this Embassie some thought it not fit to dismiss him For his remaining in England seemed the more to assure the kingdom of Scotland unto them having the King and his children in their custody what dared they not enterprise or not bring to pass Or if Scotland should plot any thing by way of Rebellion the King having his party within the Realm by the assistance of the English would keep under the other Factions and thus the Estate by both being made weak it would be a fair breach for a Conquest and the annexing that Kingdom to the Crown of England That he knew too much of the Estate and affairs of England to be sent away to a Nation ever their enemies That being at liberty and amongst his own he might resent the injury of his long restraint Others of the Council thought it best to dismiss him They had learned by experience that the keeping of the King of the Scots hindered no ways the Scots from assisting the French yea rather that it did exasperate their choler and make them in Revenge addict themselves wholly to the French the Governour no ways keeping to the English and siding the French upon whom to be revenged they could find no surer way than to set at liberty the King whose return of necessity must needs change the face of the State and trouble him As for the conquest of the Crown of Scotland it was not at that time of such moment for England they having the most part of France in their Subjection which was as much if not more as they could hold then it would prove a more harmless and sure purchase to make Scotland theirs by the Succession of Lady Jane of Somerset than by war the event whereof is ever doubtful and beyond any assurance of Man The Liberty of the King of Scots might prevent the encreasing strength of the Kings Enemies in France and secure the Peace and tranquillity of the Common-wealth at home King James being all English by education if he proved not of their Party yet he must prove neutral to both the Kingdoms Henry the sixth then King of England being of under-age was governed by his three Uncles of his Fathers side Humphrey Duke of Glocester who was made Protector of his Person and Realm John Duke of Bedford who was established Regent of France and Thomas Duke of Excester But Henry Beaufoord Cardinal Bishop of Winchester and Chancellor of England a man eminent in Blood and Riches Uncle to the Lady Jane in effect governed all These gave way rather then approved that the King of Scots should be set at liberty and sent home And though they would have dismissed him freely in respect of the Dowry of his Queen which was not delivered having use of present moneys for the maintenance of the Wars in France and the more to cover the injustice of his Captivity they thought it expedient to set a Ransom upon him The Commissioners having met it was declared that for a sufficient sum of moneys their King might return and enjoy his own Liberty the one half to be paid in hand able Hostages remaining in England till the other half was fully discharged The Ransom agreed upon was four hundred thousand Marks but by the power of the Cardinal the third was discharged for which he was long after accused before the King by the Duke of Glocester The Governour and Estate of Scotland having known the sum laid upon them for the Liberty of the King though the hasty acquiring of it was grievous unto them preferring Glory
Princes testifying the same by the Letters which contained That Edward the eldest Son of Edward the Fourth who succeeded his Father in the Crown by the Name of Edward the Fifth was Murthered by Richard Duke of Gloucester their unnatural Uncle but Richard the younger Son his Brother by the Man who was employed to execute that Tragedy making report to the Tyrant that he had performed his command for both Brethren was saved and with speed and secrecy convoyed to Tourney there conceal'd and brought up by his Fathers Sister Margarite Dutches of Burgundy That King James should acknowledge this for Truth and friendly assist this young Man who was that very Richard Duke of York to recover his Inheritance now most unjustly Usurped and Possessed by Henry Tuder Earl of Richmond That the right of Kings extended not only to the safe preservation of their own but also to the Aid of all such Allies as change of time and State have often hurled down from Crowns to undergo an exercise of sufference in both fortunes and Kings should repossess Kings wrongfully put from their own As his Predecessors to whose royal vertues he was heir had repossessed Henry the Sixth King of England spoyled of his Kingdom and distressed by which Charity obliging all vertuous Princes unto him he should find ever as his own Maximilian of Bohemia Charles of France and Margarite Dutchess Dowager of Burgundy King James graciously receiving this young man told him That whatsoever he were he should not repent him of putting himself into his hands and from that time forth though many gave Informations against him as a counterfeit entertained him every way as a Prince embraced his quarrel and seiling both his own eyes and the eyes of the World he gave consent that this Duke should take to Wife Lady Katherine Gordoun daughter to the Earl of Huntley which some thought he did to increase the Factions of Perkins in England stir the discontented Subjects against King Henry and to encourage his own Subjects to side on his quarrel Not long after in person with this Duke of York in his Company who assured him of powerful Assistance he entred with an Army into Northumberland but not one Man coming to side with them the King turned his enterprize into a Road and after he had spoiled the Country returned to Scotland It is said that Perkin acting the part of a Prince handsomely where he saw the Scots pillaging and wasting of the Country came to the King and in a deplorable manner requested him to spare his afflicted people that no Crown was so dear to his Mind as that he desired to purchase it with the blood and ruine of his People whereunto King James answered He was ridiculously careful of an interest another man possessed and which perhaps was none of his The King of England who delighted more to draw treasure from his People than to hazard the spilling of their Blood to revenge the predatory war of the Scots and find out Perkin requireth a subsidy of his Subjects and though few believed he would follow so far a flying Hart he was Levying a puissant Army No sooner this Subsidy began to be collected amongst the Cornish-men when they began to grudge and murmur and afterwards rebelled which when it was understood of the King he retained the Forces raised for his own service and use In the mean time dispatching the Earl of Surrey to the North to attend the Scots incursions whilst the Cornish-men are in their March towards London King James again entred the Frontiers of England with an Army and besieged the Castle of Norham in person But understanding the Earl of Surrey was advancing with greater Forces loaden with spoil he returned back again the Earl of Surrey finding no Enemy sat down before the Castle of Aytoun which he took and soon after returned into England the cold season of the year with the unseasonableness of the weather driving away time invited a Treaty of Peace on both sides Amidst these turmoyls and unprofitable Incursions of the two Kingdoms Ferdinando and Isabella of Spain sent one Peter Hialas to treat a Marriage between Katherine one of their Daughters and Arthur Prince of Wales This Allyance being agreed upon and almost brought to perfection King Henry desirous of quietness and to have an end of all Debates especially these with Scotland communicateth his intentions to Hialas a man wise and learned and whom he thought able to be employed in such a Service for it stood not with his Reputation to sue unto his enemy for Peace But Hialas a stranger unto both as having direction from his Master for the Peace of Christian and Neighbour Princes might take upon him this Reconciliation Hialas accepteth the Embassage and coming to King James after he hid brought him to hearken to more safe and quiet Counsels wrote unto King Henry That he hoped that Peace might easily be concluded if he should find some wise and temperate Councellour of his own that might treat of the Conditions Whereupon the King directeth the Bishop of Duresm Richard Fox who at that time was at his Castle of Norham to confer with Hialas and they both to treat with some Commissioners deputed from King James The Commissioners of both sides meet at Jedbrough and dispute many Articles and conditions of Peace Restitution of the spoils taken by the Scottish or dammages for the same is desired but that was passed as a matter impossible to be performed An enterview in person at Newcastle is desired of both Kings which being referred to King James his own arbitrement he is reported to have answered that he meant to treat a Peace and not go a begging for it The breaking of the Peace for Perkin Warbeck is highly aggravated by the Bishop and he demanded to be deliver'd to the King of England That a Prince should not easily believe with the common people that Perkin was a Fiction and such an one that if a Poet had projected the Figure it could not have been done more to admiration than the House of York by the old Dutchess of Burgundy Sister to Edward the Fourth having first raised Lambert Simnel and at last this Perkin to personate Kings and seduce the People His Birth Education not resident in any one place proved him a Pageant King that he was a reproach to all Kings and a person not protected by the Law of Nations The Bishop of Glasgow answered for his Master That the love and Amity grounded upon a Common cause and universal Conclusion amongst Kings to defend one another was the main Foundation upon which King James had adventured to assist Edward Duke of York that he was no competent Judge of his Title he had received him as a Suppliant protected him as a Person fled for refuge espoused him with his Kinswoman and aided him with Arms upon the belief that he was a Prince that the People of Ireland Wales and many in England acknowledged him no less
than their King whether he was so or not sith for a Prince he had hitherto defended him he could not leave him upon the Relation of his most terrible enemy and the present Possessour of his Crown That no Prince was bound to render a Subject to another who had come to him for Sanctuary less a Prince who had recourse unto him for Aid and Supply and was now allayed with the ancient blood of the Countrey Much being said at last they conclude upon a truce for some months following After this treaty of Peace the Counterfeit Duke of York with his Lady and such Followers as would not leave him sailed over into Ireland This Truce happily concluded and continued by a trifling and untoward accident went near to have been given up and broken There were certain Scottish young men came into Norham Town and having little to do went sometimes forth and would stand looking upon the Castle Some of the Garrison of the Castle observing them and having not their minds purged of the late ill-humour of Hostility either suspected them or quarrel'd with them as spes whereupon they fell at ill words and from words to blows so that many were wounded of either side and the Scots being strangers in the Town had the worst Insomuch that some of them were slain and the rest made haste home The matter being complained on and often debated before the Wardens of the Marshes of both sides and no good order taken King James took it to himself and sent Marchmond Herauld to the King of England to make protestation That if reparation were not done according to the Conditions of the Truce his King did denounce War The King of England who had often tryed fortune and was enclined to Peace made answer That what had been done was utterly against his will and without his privity But if the Garrison Souldiers had been in fault he would see them punished and the Truce in all points to be preserved This answer pleased not King James Bishop Fox understanding his discontent being troubled that the occasion of breaking the Truce should grow from his men sent many humble and deprecatory Letters to the King of Scotland to appease him Whereupon King James mollified by the Bishops submiss and discreet Letters wrote back again unto him That though he were in part moved by his Letters yet he should not be fully satisfied except he spake with himself as well about the compounding of the present differences as about other matters that might concern the good of both Kingdoms The Bishop advising with his Master took his journey to Scotland the meeting was at the Abby of Melrose where the King then abode The King first roundly uttered unto the Bishop his offence received for the breach of the Truce by his Men at Norham Castle after speaking with him apart he told him That these temporary Truces and Peace were soon made and soon broken but that he desired a straiter Amity with the King of England discovering his Mind that if the King would give him in Marriage the Lady Margaret his eldest Daughter That indeed might be a knot indissolvable That he knew well what Place and Power the Bishop deservedly had with his Master therefore if he would take the business to heart and deal in it effectually he doubted not but it would well succeed The Bishop answered soberly That he thought himself rather happy than worthy to be an instrument in such a matter but would do his best endeavour Wherefore the Bishop of Durham returning from Scotland to his King at London and giving account what had passed and finding his King more than well disposed in it gave the King first advice to proceed to a conclusion of Peace and then go on with the Treaty of Marriage by degrees hereupon a Peace was concluded to continue for both the Kings lives and to the overliver of them one year after In this Peace there was an Article contained That no English-man should enter into Scotland nor no Scotch-man into England without Letters Commendatory from the King of either Nations During this Treaty of the Marriage it is reported that the King of England referred this matter to his Council and that some of the Table in freedom of Councellours the King being present had put the case That Issues Males and Females falling of the Race of his two Sons that then the Kingdom of England would fall to the King of Scotland which might prejudice the Monarchy of England Whereunto the King replyed That if any such event should be Scotland would be but an accession to England and not England to Scotland for that the greater would draw the less and that it was a safer Union for England than that of France Shortly after the espousals of James King of Scotland with Lady Margarite the King of Englands eldest Daughter followed which were done by Proxie and in all solemn manner The Assurance and contract was Published at Pauls Cross the Twenty Fifth of January at London in applause of which Hymns were publickly sung in the Churches and Bonfires with great Feasting and Banqueting set throughout all the City Julius the Second in the beginning of this Treaty did gratifie King James with a Sword and Diadem wrought with flowers of Gold which the Popes on Christmas even used to Consecrate a custom first brought in by Sixtus Quartus which were presented to him at Holy-Rood-House the Marriage was in August following consummate at Edenburgh King Henry bringing his Daughter as far as Colliveston on the way where his Mother the Countess of Richmond abode and then resigning her to the attendance of the Earl of Northumberland who with a great Train of Lords and Ladies of Honour brought her into Scotland to the King her Husband Solemn days were kept at Court for Banqueting Masks and Revelling Barriers and Tilting Proclaimed Challenges were given out in the Name of the Savage Knight who was the King himself Rewards designed to the Victors Old King Arthur with his Knight of the Round-Table were here brought upon the Lists The Fame of this Marriage hath drawn many Forreign Gentlemen to the Court. Amongst others came Monsieur Darcie naming himself Le Sieur de la Beautle who tryed Barriers with the Lord Hamilton after they had Tilted with grinding Spears Some of the Savage Knights Company who were robust High-land men he giving way unto them smarted really in these feigned Conflicts with Targets and Two-handed Swords to the Musick of their Bagpipes fighting as in a true Battel to the admiration of the English and French who had never seen men so ambitious of Wounds and prodigal of Blood in sport All were magnificently entertained by the King and with honourable Largesses and Rewards of their Valour licensed to return Home During the Treaty of this Marriage with England a Monster of new and strange shape was born in Scotland near the City of Glasgow the body of which under the waste or middle varied
welcomed again to the Court. The Disorders of the Kingdom called a Parliament in which many acts were made to restrain and keep under bold and wicked men and preserve the peace of the Kingdom In this Parliament it was Ordained the Kings Brother Alexander being deceased that the Governour should be reputed second Person of the Realm and next heir to the Crown Notwithstanding of the claim made by Alexander Stuart the elder brother of the Governour who was begotten on a Daughter of the Earl of Orkenay to whom the Duke of Albany their Father had been lawfully joined in marriage before his coming to France and thus before the marrying of the Earl of Bulloignes daughter the Mother of John the Governour upon which ground Alexander had great reason to make his claim and protestation as heir to his Father Notwithstanding of his challenge and bravado Alexander being more fit for a Cowl than a Crown in open Parliament gave over all Title he had to the Crown in his brothers favour Whereupon to deprive him ever hereafter of lawfull Succession they turned him Priest being made Bishop of Murray and Abbot of Skoon A truce being sincerely kept with England tumults within the Country appeased particular deadly fewds and jarres of private persons either curbed or smothered up the Governour giveth himself some weeks to his Courtly recreations at Faulk-land with what pastime soever he be delighted or beguile the hours all the day long in the night he is often haunted by his old familiar the Prior of St. Andrews whom ambition spight malice never suffered to take any rest This man put in the Governors head and made him believe that his endeavours and pains heretofore would prove but vain in settling the Government and that the peace of the Kingdom should never be lasting firm and permanent if so dangerous a Subject as the Lord Chamberlain remained alive whom neither rewards could soften nor honours and preferment oblige and make constant How many times had he been pardoned How often and without a cause had he returned again to his former Conspiracies Should the Governour of his own free-will or of necessity be moved to return to France what would not the boldness of this man attempt in his absence which his authority and presence could never curb and keep within compass the life of this man would be the death and total ruine of the Peace of the concord and harmony of the State bring forth nothing but dangerous and wicked effects the violence of ambition having pulled him from his own judgment Should he be challenged and put to a tryal of his Peers He could not shun the blow of Justice the cry of his oppression and wrongs having reached heaven A member so often in vain cured and still gangrened should be cut off The Governour whose Brains the Prior had now embrued with jealousies thought it no great matter upon the informations he had received to put the Chamberlain to a Tryal for if he proved not guilty it would be but to leave him in that state and case he was found in and calumnies though they do not born yet black Being come to Edenburgh he appointed a convention of the Nobility all which time he earnestly trafficked with the Friends of the Lord Chamberlain that he should not be absent the matters to be determined in Council concerning him nearly and he had need of his advice and council The Court and City being full of whisperings and expectation of some sudden change many dissuadeth the Chamberlain from appearing if he appeared that he would leave his Brother Master William a man equal in judgment and courage to himself behind He trained into false hopes by the blandishments of the Governour towards his friends and inveigled by presumption with his Brother and Sir Andrew called by the Country Lord David Car of Farnehast cometh to Court where they were with many ceremonies welcomed by the Governour with more than ordinary favours entertained and shortly after all three imprisoned produced in judgment to answer to such things as should be objected against them according to the Laws of the Kingdom and submitted to the Sentence of a Jury No new crime was laid to their charge James Earl of Murray the natural Son of the late King accused the Chamberlain of the death of his Father who by many witnesses was proved alive and seen to come from the Battel of Flowden This by pregnant evidences not being proved he was indicted of divers other points of Treason and his private faults are found out and laid against him they renew the memory of the late stirs of State and these disorders of which he was either the Author or accessary to them He had favoured and maintained the Factions Thefts and Robberies of wicked Malefactors on the Borders he had not honourably nor honestly carryed himself at the Battel of Flowden performing neither the duty of a Soldier nor Commander He had suffered the English to repair and of new fortifie the Castle of Norham which without either trouble to himself or danger to his Friends he might have hindred Of every of which points and particularities he not clearly justifying himself the Judges prepared and directed by the Governor whom they record to have given information of a hainous crime committed by the Chamberlain and his brother for the odiousness of it not to be revealed to the people pronounce him and his Brother guilty and condemn them to have their Heads cut off The day following the sentence was put in execution and their heads fixt on the most eminent part of the Town of Edenburgh David Car of Farnhast either by the Jury being declared not guilty as some have recorded or by the Corrupting of his Keepers as others or by the permission of the Governor escap'd this danger which brought the People to believe the Chamberlain was by his means entrapped To sink whom he put himself in hazard of drowning This Calamity of the family of the Humes being so ancient potent and couragious bred terrour and astonishmenr in many of the other Noblemen of the Kingdom and estranged their Hearts form the Governour his ears began to be after attentive to every rumour and his eyes pryed into each accident at last as if he were wearied with wrestling with the many disorders and cumbersome Factions of the Country he sought how by some fair way he might for a while return to France Embassadours being sent from King Francis to Scotland to renew the ancient League between the two Nations when the Nobles assembled to make choice of the man on whom they should transfer the honour of the accomplishment of so solemn an action and pass to France the Governour carryed the matter so by means of the French that it was conferred on himself but with this condition to entertain them with hopes of his Return that he should not stay above six Months out of the Country Having obtained this privileged absence of them his
next care was to preserve the State from any alterations till his Return and to find the Government as he left it Hereupon to preserve the Person of the King he is conveyed from Sterlin to the Castle of Edenburgh and trusted to the custody of the Earl of Marshall the Lords Ruthen and Borthick two of which should be always resident with him and accompany and assist the Lord Areskin his constant and unremovable Guardian For the Government of the State he leaveth seven Deputies in his Place The Earl of Arran Anguss Huntley Arguile the Arch-Bishops of St. Andrews and Glasgow to these is adjoined Sir Anthony Darcey le Sieur de la Beautie whom he had made Captain of Dumbar and promoted to be in the Lord Humes Place Warden of the East Marches keeping the days of Truce and Justice Courts This was the man to whom the entire Conduct of all the Governours affairs was intrusted and who should give him advertisment of what did pass in Scotland during his aboed in France That no discord should arise amongst men equal in places and authority the ordinary occasion of division several shires which they should govern to every one of them are allotted To Sir Anthony Darcey was destinated the Government of the Merss and Lothian to the other their shires were appointed as the convenience of their dwelling places Friends and Kindred did afford them Under pretexts and fair colours of honour and as to pass the time and be trained in French Civility also for the greater magnificency the Governour took in his company the Earl of Lennox the Lord Gordon Masters of Glencarn and Arran other young Lords who in effect were so many Hostages that no stir by their Parents Kindred Friends should be raised during his absence He likewise under dark Shadows and far sought pretences committed to such Castles as were garrisoned with French Soldiers as Dumbarton Dumbar Garvet certain Barons of the South and West Countries who wanted nothing but liberty not for any thing they had done but what they might do the Governour being out of the Kingdom Matters brought to such a pass as his best Politicians could devise accompanied with Master Gavin Dowglass Bishop of Dunkell and Master Patrick Panther Secretary to the late King men whom he feared to leave behind him and entertained though he knew they loved him not as his bosom friends in June at Dumbartoun he took Shipping Queen Margaret after she had remained a year in England understanding by Letters the Governour had taken the Seas and was on his way towards France honourably dismissed by her Brother came to Scotland At Berwick she was received by her Husband the Earl of Anguss but he was not accepted with the favours he was wont for that plague of too much love jealousie had infected her having gotten some inkling that he delighted in a free bed and during the time of her abode in England had entertained a Mistress in Dowglass-dale an injury beyond degree of Reconcilement after which she began to disdain him and seek how she might be divorced from him Though whilst the King was kept in the Castle of Edenburgh all access unto him was refused her when he was transported to the Castle of Craigmillar out of a suspition and rumour the Plague had infected Edenburgh by the courtesie of the Lord Areskin she had liberty to visit him But her frequent haunting him out of too much motherly kindness breeding a suspition in his Guardians that as had once before been practised by a Queen in Scotland She had an intention to have stoln him away and sent him to his Uncle restrained her longer access to him and procured his return back again to the Castle of Edenburgh Sir Anthony Darcey having by his vigilancy pains courage given many proofs of his worth in defence of the Borders and administration of Justice in those shires he governed The other Governours often disagreeing amongst themselves either out of Love of rest and to be vacant from business or out of malice to procure him greater hatred declare him absolute Deputy and they gave their promises to second him in way of Justice and here he found the difference between extreams and mediocrities Many disdained a Stranger should be in that place so many brave men of their Nation neglected A quarrel at that time either true and real or as others have recorded altogether forged and contriv'd to draw the Deputy in a Danger arising between the Stewards of the Laird of Langtoun and one of his Uncles who by the power and means of Sir David Hume of Wedderburn whose Sister was his wife had thrust out and ejected the young heir and them of their own Castle of Langtoun and kept it by force The Deputy accompanyed with certain Lords of the Borders and some French men his own Domesticks came to the Town of Dunce to hold a Justice Court concerning this Riot The Humes who thought nothing juster than revenge nor nobler than the effects of anger having sworn a requital of their Chiefs wrong and to pay the Governour home when occasion should be offered by the counsel and forwardness of Sir David Hume lay an ambush and lie in wait for the Deputy the Plot not failing they invade him at such a disadvantage that some of his Servants killed he was constrained to seek an escape by the swiftness of his Horse who in the chase either falling or sinking in a marish left his Master to the cruelty of his Pursuers who strook of his head and to feed their eyes with the spectacle of their rage set it to the disgrace of the French on the battlements of the Castle of Hume This end had Sir Anthony Darcey who deserved so well both of France and Scotland having been courteous valiant and noble in all his actions and a great Administrator of Justice who spared no travel and freely adventured upon any dangers to suppress malefactors and defend the weak and innocent The Governours That greater mischief should not follow the boldness of these men made choice of the Earl of Arran to resist their outrage and declare him Warden of the Marches and Supream Which election displeased the Earl of Anguss the Earl of Arran armed with power neglecting Anguss his interest immediately committed Sir George Dowglas his Brother to the Castle of Edenburgh and Mark Car in Garvet Castle out of a suspition they were accessory to the slaughter of Sir Anthony Darcey In a Parliament shortly following many of the Humes and Cockburns Fugitives for this slaughter and for that they had invited the English to their aid and spoil of the Country are declared Rebels The Parliament being dissolved the Earl of Arran with a sufficient number of Soldiers and some great Ordinance besieged the Castles of Hume and Langtoun and had hâ—em rendred to his mercy When the accident or Sir Anthony Darcey was noised at the Court of France King Francis is recorded to have said he never looked for
Dunkell his Uncle to offer them what honourable satisfaction they could require All that he propounded being rejected by implacable men and finding the only way to be freed of violence to be violent and that danger could not be avoyded but by a greater danger with an hundred hardy resolute men armed with long Spears and Pikes which the Citizens as he traversed the Streats out of Windows furnished him he invested a part of the Town and barricadoed some Lanes with Carts and other impediments which the time did affrad The adverse party trusting to their number and the supply of the Citizens who calling to mind the slaughter of their Deacon shew them small favour disdaining the Earl should thus muster on the Streats in great fury invade him Whilst the bickering continued and the Town is in a Tumult William Dowglass brother to the Earl of Anguss Sir David Hume of Wedderburn George Hume brother to the late Lord with many others by blood and Friendship tyed together enter by violence the East Gate of the Town the Citizens making small resistance force their passage through the throngs seek the Earls enemies find them scoure the streets of them The Master of Montgomery eldest Son to the Earl of Eglintoun Sir Patrick Hamiltoun Brother to the Earl of Arran with almost fourscore more are left dead upon the place The Earl himself findeth an escape and place of retreat through a Marsh upon the North side of the Town The Chancellour and his retinue took Sanctuary in the Dominican Fryers the tumult by the slaughter of some and flight of others appeased the Earl of Anguss now freed of danger licensed all who pleased without further pursuit peaceably to leave the Town of Edenburgh and return to their own Houses Some daies after the Humes well banded and backed with many Nobles and Gentlemen of their linage by the Earl of Anguss consent took the Lord Humes and his brothers heads from the place where they had been fixt and with the funeral Rites of those times interr'd them in the Black-Fryers The Earl of Anguss having angled the Peoples hearts by his Magnificence Wisdom Courage and Liberality his Faction began to bear greatest sway in the Kingdom For the continuance of which the King of England dealt most earnestly with the French King to keep the Duke of Albany still in France with him But the French had contrary designâ— And when the Duke understood the great discords of the Nobility of Scotland persons of Faction being advanced to places dangerous immunities being granted to the Commons France and England beginning to be tyred of their Peace and preparing for a new War to curb the Scottish Factions keep the Nation in quietness in it self by giving the Subjects other Work abroad whilst common danger should break off particular Discords Notwithstanding of the English Ships which lay in wait to take him after he had been about five years in France in November he arrived on the West Coasts of Scotland at a place named Garloch The Governour coming to Edenburgh set himself to amend the enormities committed in his absence the Magistrates of the Town are deposed because in the late uproar they had been evil seconds to the Lords of the West when they went to surprise the Earl of Anguss A Parliament is called to which many Noblemen and Gentlemen are cited to make appearance in February to be tryed and to answer for offences committed by them in the Governours absence The appointed time being come these who appeared not were Indicted and fled into England Amongst which and the chief were the Humes and Cockburns men Authors and accessory to the death of Sir Anthony Darcy The tyde now turning and mens affections changed the Earl of Anguss with his Brother Sir George Dowglass by the Intercession of the Queen are constrained to seek a Pardon which was obtained for them but with the condition that they should leave the Country and stay in France one whole year which they obeyed Others have Recorded they were surprized in the Night and in French Ships conveyed privately away Mr. Gavin Dowglass Bishop of Dunkell in the absence of his Nephew finding the Governour violent in the Chase of the Faction of the Dowglasses fled privately to the Court of England where he gave informations to King Henry against him He alone had taken to him the custody of the young King the sequel whereof he much feared he was an irreconcilable Enemy to the whole Family of the Dowglasses The principal cause of his coming to Scotland was to engage the Nation in a War against England that the English should not assist the Emperour against the French King and make his Nation slaves to France This Bishop shortly after dyed at London and was buried in the Savoy Church having been a man Noble Valiant Learned and an excellent Poet as his Works yet extant testifie The King of England upon such informations sent Clarencieux King of Arms to Scotland to require the Duke to avoid the Country according to the Articles agreed upon between the French King and him in their last Truce It belonged said Clarencieux to his Master to tender the life wellfare honour fortunes of his Nephew of none of which he could be assured so long as the Duke ruled and stayed in Scotland It was against all reason and unbeseeming the man should be sole Guardian to a King who was the next heir to the Crown how easily might he be tempted by opportunity to commit the like unnatural cruelty which some have done in the like case both in England and other parts of Europe if he loved his Nation and Prince as he gave out he required him to leave the Country which if he yield not unto but obstinately continued in a resolution to stay he denounced from his Master present war He farther complained That the Earl of Anguss who was King Henries Brother-in-Law was by him banisht and detained in France That during the banishment of the Earl which had been near a whole year the Duke had importuned his Sister the Queen with dishonest love The Governour answered Clarencieux That what the Kings of France and England agreed upon in their Treaties of Peace was to him uncertain but of this he was most certain That neither the King of England nor France had power to banisht him a Foreiner over whom their authority did not reach his native Country like over like having no jurisdiction As concerning the King of Scotland who was yet young in years he reverenced him as his Soveraign Lord and would keep and defend both him and his Kingdom according to his Conscience honour and bound duty that there were ever more men in the world who desired to be Kings than there were Kingdoms to be bestowed upon them of which number he was none having ever preferred a mean estate justly enjoyed before a Kingdom evil acquired For the Earl of Anguss he had used all Courtesies towards him notwithstanding of
opposed by the Queen and Nobility he was likely to have lost himself and the whole Kingdom or revenged the death of his Cousen His courteous nature went above his ambition he could as well lay down his Honours as he had modestly when they were laid upon him received them Before the Rumor of the Duke of Albanies taking the Seas was spread abroad the King of England by secret Letters had required the Earl of Anguss who then an Exile staid in France to come to him after the receit of which with a short-leave taking he left France where he had staid almost three years cometh to England King Henry had brought him to believe That the Duke had determined to extirpate his whole Linnage To prevent which he made him offer of Men and Ammunition to preserve his own and by his faction at home and his assistance to send the Duke over Seas which if he had staied the Earl was esteemed powerful enough to have accomplished The Duke of Albany being in France the Queen with the Government of the State assumeth the person of her Son whom she moved to leave Sterlin and come to Edenburgh the third day after he had made his entry in the Town she lodg'd with him in the Maiden Castle and it seized on armed with authority she doubted not to make the Country yield her all obedience That the Supream Magistrate of the Town should not oppose her Designs he is put from his Office and the Lord Maxwell a man to her obsequious is substituted in his place To give the fairer lustre to her Actions a Parliament is called at Edenburgh that what she did might consist with Law When King Henry understood the Duke had left Scotland to exclude and bar him all regress he sent one Magnus a great Oratour but greater by the renown of his skill in the Laws with Roger Ratcliff his Embassadours to try how the Scots amidst unnecessary turmoils would rellish a Truce and Cessation of Arms and these lay the blame of all the disorders and discords between the two Nations upon the Duke The Nobles tyred with their tedious Wars beginning to espy a Haven of rest cheerfully accept of this Embassie and agreeunto a Truce for one whole year To confirm which they condescend Commissioners shall be dispatched instantly who shall treat not only for a Truce but for a firm and lasting Peace between the two Nations and unite the Crowns in bands of Amity as well as they were united in degrees of blood The Earl of Anguss his enemy abandoning the Kingdom after honourable entertainment of the King of England many promises to befriend him and blandishments at his departing cometh to Scotland and his return began to change the Game of State The Queens and Earl of Arrans Faction carryed all matters of importance the Earls of Lennox Arguyl and the Humes had been sequestred from publick imployments the first faction by his presence find their power diminisht the other by his counterpoise and assistance have new hopes of arising both factions disliked that Anguss should arise to the first place and suspected he would not be content with the second they loved to have him an equal not Supreme Private jarrs smothered and interests delayed matters concerning England requiring a hasty and present discharge Gilbert Earl of Cassiles Robert Cockburn Bishop of Dunkell David Mill Abbot of Cambuskenneth are sent Commissioners to the Court of England At Greenwich they are honorably and kindly received by King Henry whose countenance promised them a refusal of no reasonable thing they would require The Bishop had a speech the Sum of which was That dissention and hatred taken away between the two Nations a faithful Peace might be agreed unto and confirmed their Discords turned into Union their Rancour into Love which to bring to pass and make durable the only apparent and probable means was to bestow the Lady Mary the Kings daughter upon James the young King of Scotland The English with great joy applauded to what was said And King Henry appointed certain Commissioners to treat about that purpose in private These when they had met to advance the Union of the Kingdoms desired these Conditions First That the Scottish Nation giving over and fairly forsaking the League they had with France should enter in a new League with them upon the same conditions and terms which were contained in their League with France Next That the young King of Scotland till by age he was able for marriage should be brought up at the Court of England When the Embassadours of Scotland had answered That these conditions were above their Commission to which they could not well answer and desired a time to acquaint the Council of Scotland with them it was condescended unto Thus two of them remaining at London the Earl of Cassiles returned to Scotland to bring back an answer When the day in which the Parliament should have been held was come the Queen and they who were of her faction as the Earls of Arran Murray Eglintoun fearing the Earl of Anguss might turn the wavering peoples affection and move them to some Revolt which might hinder their Determinations or terrify the Commissioners by the frequent convention of his Friends and followers constraining their voices and restraining their freedom of speech Or that they had a plot to surprize some of the contrary Faction and by authority of Parliament commit them in that place caused a Proclamation to be made That none of the three Estates should sit or assemble themselves in the Town of Edenburgh but that they should keep their meeting in the Castle and there give their presence The Earls of Anguss Lennox Arguyl Arch-Bishop of Saint Andrews Bishop of Aberdeen and Dumblane with their adherents and others who joyned with them rather out of fear than good will refuse to enter the Castle and require That the Parliament be kept in the accustomed Place the King may in Triumph be shewn to his own people conveyed along the High-street All which being denyed them giving out That Justice was violated the King kept against his will as a Prisoner the Government and custody of his person seised on without consent of the three Estates they surround the Castle with two thousand men in Arms stop all furniture of food and Victuals which should been afforded by the Town In this distress they in the Castle turn the great Ordnance against the Town and threaten the innocent Citizens with the overthrow of their buildings Some powder and time spent in terrifying the people at last Church-men interposing themselves and interceding persuading with the parties an accommodation and atonement is wrought their fury quenched all rancour supprest injuries forgotten the King in magnificence and pomp is convoyed from the Castle to his Palace at Holy-rood-House and the Estates assemble in the wonted place of the Town of Edenburgh In this Parliament the Authority of the Governour is abrogated by which means they saved him a
Hume accepted that charge prosecute them where they might be apprehended till after much misery and night-wandring at home they were constrained with Alexander Drummond of Carnock who had been partaker of their misfortunes by his consanguinity with the Earls Mother who was Daughter to the Lord Drummond to fly into England where they were charitably received and honourably entertained by King Henry the Eight Now are the Offices and Lands of the Dowglasses disposed upon the Archbishop of Glasgow Gavin Dumbar is made Chancellor Robert Bartoun who was in especial favour with the King Treasurer great Customer General of the Artillery and Mines and other Charges are given unto others The King of England intended a War against the Emperor Charles the Fifth sendeth Embassadors to Scotland for a certain time to treat a Peace and if it were possible to reconcile the Dowglasses with the King Five years truce was resolved upon but for the Dowglasses the King would hearken to no offers only Alexander Drummond by the intercession of Robert Bartoun and the Embassadors had liberty to return home When the Earl of Northumberland and the Earl of Murray who had full power to conclude a Truce had met the other Commissioners upon the Borders the Factious great men and rank Ryders there put all in such a confusion by urging difficulties that they parted without agreeing unto any Articles or certain Conclusions which the King took in so evil a part that divining from what head this interruption sprung he committed sundry Noblemen to the Castle of Edenburgh till they gave Hostages and secured the Borders from invasion or being invaded In the month of June following with a great power he visited these bounds executing Justice upon all Oppressours Thieves and Out-Laws In Ewsdale eight and fourty notorious Riders are hung on growing Trees the most famous of which was John Arm-strong others he brought with him to Edenburgh for more publick Execution and Example as William Cockburn of Henderland Adam Scot of Tushelaw named King of Thieves The year 1530. the King instituted the Colledge of Justice before it was ambulatory removing from place to place by Circuits Suits of Law were peremptorily decided by Bayliffs Sheriffs and other Judges when any great and notable cause offered it self it was adjudged Soveraignly by the Kings Council which gave free audience to all the Subjects The power and priviledges of this Colledge was immediately confirmed by Pope Clement the Seventh In this Court are fifteen Judges ordinary eight of them being Spiritual Persons of the which the most antient is President and seven Temporal men The Chancellor of the Realm when he is present is above the President There are also four Councellors extraordinary removeable at the Princes pleasure This Institution is after that Order of Justice which is administred in Paris first instituted by Philip the Fourth the French King the year 1286. The King about this time storeth his Arsenals with all sort of Arms the Castles of Edenburgh Sterlin Dumbartoun and Blackness are repaired and furnisht with Ordnance and Ammunition Whilst no certain Truce is concluded between the Realms of England and Scotland the Earl of Angus worketh in this interim so with the King of England that Sir Edward Darcey is sent to the Borders who when his solicitation for restoring the Earl at the Scottish Court had taken no effect yea had been scorned after he had staied at Berwick with the Garrisoned Soldiers and some selected companies out of Northumberland and Westmerland maketh a Road into Scotland Coldingham Dunglas and adjacent Villages they burn ravage the Countrey towards Dunce Some Scottish Ships and Vessels were also at this time taken by Sea When a reason was sought of this Invasion in a Cessation of Arms and calm of Truce They require the Dowglasses may be restored to their ancient Inheritances and whatsoever had been with-held from them and that Cannabie a poor Abbacy be rendred to the English as appertaining of old to the Crown of England The Earl of Murray being declared Lieutenant maketh head against them but the English daily increasing in number and his Companies not being sufficient to make good against so many and large Incursions the power of Scotland is divided into four Quarters every one of which for the durance of fourty days by turns taketh the defence of the Countrey The English finding by this intercourse of new Soldiers the War to be prolonged would have gladly accepted of Peace but they disdained to sue for it to the Scots it was thought expedient that the French a Friend then to both should be a Mediatour to reconcile them wherupon after an Ambassador had come from France Commissioners first meet at Newcastle and after at London James Colvil of Easter Weyms Adam Otterburn of Redhall William Stuart Bishop of Aberdeen the Abbot of Kinloss These conclude a Peace To continue between the two Realms during the two Princes lives and one year after the decease of him who should first depart this life About this time the secrets of the Ecclesiastical Doctrine and Authority beginning to be laid open to the view of the World the politick Government of Kingdomes began to suffer in the alteration and discovery The Lady Katherine Daughter to Ferdinando and Isabella King and Queen of Spain and Sister to the Mother of Charles the Fifth Emperor had been Married to Arthur Prince of Wales Eldest Son to Henry the Seventh King of England he dying by the dispensation of Pope Julius the Second her Father in Law gave her again in Marriage to Henry his other Son the Brother of Arthur This Queen though fruitful of Children and often a Mother brought none forth that long enjoyed life and came to any perfection of growth except one only Daughter Mary Her Husband either out of spleen against the Emperor Charles or desire of Male Children or other Causes known to himself pretended great scruples in his Conscience would make himself and the World believe that his Marriage was not lawful After deliberation with his Church-men whom he constrained to be of his mind he kept not longer company with his Queen his Church-men used all their eloquence to make the Queen accept of a Divorce which she altogether refused and had her recourse to the Pope who recals the cause to himself At Rome whilst in the consistory the case is made difficult and the matter prolonged King Henry impatient of delays and amorous divorceth from his own Queen and Marrieth Anne Bullen 1533. Then the Pope with his whole Cardinals gave out their Sentence That it was not lawful for him by his own authority to separate himself from his Wife that his Marriage with Katharine was most lawful not to be questioned and that under pain of Excommunication he should adhere unto her King Henry well experienced in the great Affairs of the World considering how the threatnings and thunders of the Bishops of Rome even in these ancient and innocent times when they were
believed and reverenced in his Kingdom produced never great Effects thought them to no purpose in a time when a Doctrine was publisht to the World embraced and believed of numbers by which they were contemned and scorned upon this and other grounds he refuseth to obey and the Pope continueth his menacing This disorder and boldness of the King of England moved the Emperor and the Pope to try if they could win the King of Scotland to arise in Arms against his Uncle King Henry The Emperour essayeth it under pretence of other business of great importance For having given way to new Opinions in Religion amongst his Countrey-men in Germany and finding them mounted to that height as to have produced the Effects he desired by this Division laying a foundation to turn the Imperial Crown Hereditary to his own House which Germany being all of one mind and undistracted he could never have brought to pass he compelleth the Bishop of Rome to condescend to a general Council or Assembly of the Clergy of Europe the onely and soveraign Remedy to cure diseased minds and accord different Opinions but he knew well that by the Church of Rome men would be delegated to this meeting turbulent and so far from pacifying tumults begun that instead of Water they would apply Oyl and Wood to these flames turn Opinions before disputable irreconcileable and leave matters worse than they found them Having implored the aid and assistance of the Potentates about him to the setting forward of so Pious and Holy a Work he sendeth Goddescallo Errico a Sicilian for greater secrecy by Ireland to the King of Scotland This Embassador for a token of that affection the Emperour his Master carried to the Person and Virtues of King James presenteth him with the Order of the Golden-fleece 1534. with solemn Protestations for the observing of these ancient Leagues and Confederacies contracted between the Princes his Masters Predecessors and the Kings of Scotland to continue ever amongst themselves His other Instructions were Plains of the wrongs done to his Aunt Katharine most unjustly repudiate and forsaken by a King forsaken of God and abhorred of men The Marriage of Anne Bullen should wound deeply King James it being likely by her Succession he should be barred of his Right to the Crown of England The Emperour by his Embassador expostulating the wrongs of his Aunt had gained nothing but that for his sake She was the worse entertained To make more strong and lasting the Emperours friendship with King James he if he pleased would make him an offer and give him the choice of three Ladies three Maries all of the Imperial Stem Mary of Austria the Emperours Sister the Widow of Lovis King of Hungary Mary of Portugal the Daughter of his Sister Eleonara of Austria Mary of England the Daughter of Katherine and King Henry And would undertake the performance of this last either by consent of her Father or by main force The greatest but last of his Instructions was that to suppress the Heresies of the time he would concur with the Emperour for the convocating a general Council and obviate the Calamities then threatning the Christian Religion The King with great cheerfulness and many thanks that the Emperour entertained him with such respect and held him worthy so fair and Royal Alliance and the participation of Affairs of such importance and moment received this Embassage For the Council providing it were a general Council lawfully convocated by the Emperour and Christian Kings as the first Councils were wont free and holy as nothing is more holy than a general Convocation of Christians the most charitable and quiet of the Clergy and such who would pacifie matters not the most zealous and fiery Spirits or men corrupted by rewards being delegated unto it being premonisht of the time and place he would apply his will unto his assist him thither send his best Orators and most convenient Church-men That if a true Council could not be obtained every Prince should reform the Errors of Doctrine and faults of the Clergy within his own Dominions The proceedings of his Uncle were grievous unto him being a man altogether thralled to his own Opinions For the good of the Christian Religion and Peace of Europe it were expedient that all her Princes were united together in amity and love and their Arms directed against the common Enemy the Turk For himself he would be Mediatour to reconcile the Emperour and his Uncle endeavour to recall him to the love of his Wife nor by any persuasions to be induced to condescend to ought prejudicial to Queen Katherine The three Ladies were every one in the superlative worthy especially Mary of England for that great reason of uniting the Isle of Great-Britain but she was not in her own power nor in the power of the Emperour that he could bestow her upon whom he pleased That to ravish her out of the hands of her Father would be beside the danger of the Enterprize a breach of Divine and Human Laws It was not safe for Paris that he preferred one of the three Goddesses to the other two for prizing those three that the Emperour might know how dearly he respected and earnestly affected his affinity there remained a fourth Lady near in blood to the Emperour Isabella Daughter of Christian King of Denmark and Isabella the Emperours own Sister whom besides her matchless virtues for the vicinity of the Nation to his and the conformity of their harmless humors he made choice to be Queen of his affections and Dominions Goddescallo answered this last That a match with Lady Isabella of Denmark could not with the Emperours credit be brought to pass because she was promised already to another Frederick Count Palatine and the Marriage might be accomplished before news came to the Emperour of the Kings Election This choice of the Kings was but on evasion for Sir Thomas Areskin of Brichen Secretary and David Beatoun Abbot of Arbroth under pretence of renewing the League between France and Scotland long before had been directed to France about a Marriage with the eldest Daughter of King Francis which John Duke of Albany projected when the League between the two Kingdoms was renewed at Rochel Henry King of England had now renounced all obedience from the Bishop of Rome and through his whole Dominions abrogated his Authority and Paul the third after his assuming the Papacy set forwards by the Emperour and his Cardinals who thought either to recover England or burn it up 〈◊〉 a Foreign or Civil War never left thundring against him But after John Fisher Bishop of Rochester was beheaded a man imprisoned for adhering to the Pope then for his persecution and that the King might carry him the greater respect made Cardinal the whole Conclave stir the Pope against King Henry And full of Grief and rage remonstrate what danger would follow their Order if this Example unpunisht should have way They maintained the Papal power against all Princes
which now for fear of their Lives they would be forced to forsake or to proceed with great timorousness and neglect if by any secular power they might be called in Judgment and embrue Scaffolds with their blood The Pope though highly provokt parted not from his Resolution yet used a sort of moderation he threatneth still to let fall the blow in the mean time holding his hand Thus to give satisfaction to his Court he formed a Process against King Henry and a most severe Sentence but abstained from the publication of it during his pleasure Secretly sending many Copies of it to those Princes he thought could be useful to his Designs when occasion should serve and he proceed with a constant rumor of the Bull shortly to be put in execution and publisht Amongst many interested in wrongs by the King of England considering there was none comparable to the Nation and King of Scotland he directeth hither John Antonio Compeggio This Legate findeth King James at Faulkland 22. February 1535. and here with many Ceremonies and Apostolical Benedictions delivereth him a Cap and a Sword Consecrated the Night of the Nativity of our Saviour which the fame of his valour and many Christian virtues had moved his Master to remunerate him with Also saith the Original that it might breed a terror in the heart of a wicked neighbouring Prince against whom the Sword was sharpned The Popes Letter in most submissive stile contained A Complaint for the death of John Bishop and Cardinal of Rochester miserably taken away by the hand of an Hang-man The Calamities of England occasioned by the Kings Divorce from Katherine of Spain and his Marriage with Ann Bullen That since the Roman Church had received great disgrace and a deadly wound and by patience procured more and more wrongs from the King of England She was constrained to use a searing Iron For the application of which She had recourse to his Majesty a Prince for his Ancestors piety and his own renowned His aid maintenance protection she implored Since King Henry was a Despiser a Scorner One who set at naught the censures of the Church an Heretick Schismatick a shameful and shameless Adulterer a publick and profest homicide Murtherer a Sacrilegious Person a Church-Robber a Rebel guilty of lese-Majesty Divine outragious many and innumerable ways a Felon a Criminal By all Laws herefore justly to be turned out of his Throne The King of Scotland for the Defence of the Church would undertake something worthy a Christian King and himself he would endeavour to suppress Heresie defend the Catholick faith against those whom the justice of Almighty God and judgments were now prepared and already ready to be denounced The King kindly entertained the Legate answered the Pope with much regret for the estate and stubborness of the King of England Who would not be struck with Pitty that a King who late amongst Christian Princes was honoured with the Title of Defender of the Faith should be obnoxious to so many Crimes that now amongst Princes he could scarce be reputed a Christian This Compassion was common to him with others but he by a necessity of Nature and nearness of Blood felt a more piercing sorrow he should leave no means untried to recal his Uncle to the obedience of the Church and though by his Embassadors he had once or twice went about the same but in vain he would study a way how face to face he might give him his best Counsel and remonstrate how much good he would do the Christian World and himself by returning again to the Church Mean while he requested him not to be heady forward nor rash in executing the Sentence against his Uncle which would but obdure him in his separation King James not having lost all hopes of his Uncle directeth the Lord Areskin to England to acquaint him with the Emperors and Popes Embassages and to take his Counsel about a Marriage with the Duke of Vandosons Daughter whom the French King had offered to him his own Daughter being weak and sickly In this Embassage there was a complaint against the Londoners who in their passage to the Island fishing spoiled the Coasts of Orknay and the adjacent Islands with a Roquest that King Henry would not succour the Lubeckers against the Duke of Hulstein The King of England not to prove inferior to the Emperour and Pope in conferring honours upon his Nephew admitteth him to the Fraternity of the Garter which he delivered to the Lord Areskin his Embassador And thereafter dispatched William Lord Howard Brother to the Earl of Norfolk as if that name were a sufficient Scar-crow to the Popes Sword and the Emperours Golden-fleece to Scotland who made such hasty Journeys that he prevented the News of his coming and at unawares found the King at Sterlin The Substance of his Embassage was That the King of England and Scotland might have an interview at York at which meeting the King of Scotland should be declared Duke of York and General Lieutenant of the Kingdom of England That his Master having Instructions of the Alliance offered him by neighbouring Princes did offer to his own and his Counsels judgments if they could find a more fit than to contract a Marriage with his Daughter which might be easily perfected if his Master and King James could condescend upon some few points When the King had taken these Propositions into deliberation the Church-men suspecting if this meeting and match had way the King would embrace the Opinions of the new Reformers set all their wits to overthrow it The nearest Successors to the Crown covering their claim and interest argued That to Marry the Lady Mary of England who for many years would not he marriagable was not a right way to continue his Race by procreation of Children and that his impatience of living alone would not be much abated by marrying a Child That King Henry projected this Marriage to no other end than to hinder him from better Alliances or to facilitate an entry to the Kingdom That when a Prince would take advantage of any neighbour Prince it was more safely done by Alliance than open force That it was more safely King Henry being a wary Prince never meant to marry his Daughter at all as long as himself lived but to keep her at Home with him bearing many Princes in hand to save him from Dangers both at home and abroad which counsel was practised lately by the Duke of Burgundy Most oppose neither to the meeting of the two Kings nor to the Alliance but to the place of their meeting which seemed unto them of no small importance being in the heart of England and amidst the most martial people of that Nation They require the two Kings might have their interview at Newcastle this place when they meet being most commodious for furnishing all necessaries by Ships That the number of their Train should be agreed upon as one thousand which none of the two Kings should