nothing agreed upon nor concluded they resolve at last to decide the cause by their swords The Earl of Crawâ—ord then remaining at Dundee advertized of the present danger of his friends posteth in all haste to Arbroth and cometh at the very chock of the skirmish and when they were to enter the fight Here intending by his wisdom to take up the Quarrel and presuming upon the respect due to his place and person he rashly rusheth forwards before his Companies to demand a parly of Alxander Ogleby with his Son but ere he could be known or was heard he is encountred by a common Souldier who thrust him in the mouth with a Spear and prostrate him dead upon the ground This sudden accident joyned the Parties who fought with great courage and resolution The Victory after much blood inclined to the Master of Crawford Alexanderâ—Ogleby sore wounded was taken and brought to the Castle of Finelvin where he died the Lord Huntley escaped by the swiftness of his Horse Iohn Forbess of Pitsligow Alexander Barkley of Garteley Robert Maxwell of Tillen William Gordoun of Borrowfield Sir Iohn Oliphant of Aberdaguy with others fell on the Oglebies side 1445. they fought the 24. of Ianuary 1445. Now by attending opportunities to increase publick disorders turn the times dangerous and troublesome and confound the State the Earl of Dowglass kept himself in the absolute Government by umbragious ways he nourished discontentments in all parts of the Country amongst the Nobility Gentry Commons of the Realm Alexander Earl of Crawford put to death Iohn Lynton of Dundee Robert Boyd of Duchal and Alexander Lyle â—lew Iames Stuart of Auchenmintee Patrick Hepburn of Haills surprised the Castle of Dumbar Archembald Dumbar as if he would but change places with him taketh the Castle of Haills where he was besieged by the Earl of Dowglass and with conditions of safety rendred it Sir William Creighton all this time kept the Castle of Edenburgh and when by intreaties nor power he could not be induced to render it to the King his Castle of Creighton is plundered a garrison placed in it and the Castle of Edinburgh by the Earl of Dowglass is besieged and blocked up Nine moneths the Assailers lie about it but it proveth impregnable and without loss of many Subjects cannot be taken about the end of which time mens courages waxing colder conditions are offered and received which were that the Chancellor should be restored to grace place and whatsoever hâ—d been withheld from him by his enemies at Court an abolition and abrogation of all former discontentments should be granted the besieged should pass out bag and baggage free At a Parliament holden at Perth the Chancellor was purged by an Assise of his Peers of what was laid against him his lands and goods seized upon by the King or Dowglasses are decreed to be restored as well to his followers as himself he is established in his dignities and places of honour notwithstanding of all Edicts Proclamation Confiscation before which were declared null all matters past put in oblivion as not done This considering the credit of the Earl of Dowglass was thought very strange but Iames Kennedie Bishop of St. Andrews whose respect and authority was great with the Church-men perfected this Master-piece of State and the Earl of Dowglass knew though the Chancellor was unbound he had not yet escaped During these Garboyls in Scotland Margaret Sister to King Iames and wife to the Daulphin of France Lewis died at Chalones in Champaigne a vertuous and worthy Lady beloved of all France but most of Charles the seventh her Father in Law who for her respect matched her three Sisters who remained at his Court honourably Hâ—lenora with Sigismond Arch-duke of Austria Elizabeth to the Duke of Bretaigne Mary with the Earl of Camphire She was buried in the great Church of Chalones but after when the Daulphine came to be King he caused transport and bury her in the Abbey Church of Laon in Poittow Many Elegies were published upon her death which are yet extant Sir Iames Stuart the Black Knight husband to the Queen at this time died also He had turned a voluntary exile to shun the dangers and envy of the Factions of the Country which he incurr'd by his free speeches against the misgovernment and miseries of the time and as he was bound â—owards Flanders by the Flemings was taken upon the Seas The Queen out-lived not long her Daughter and Husband â—he was buried the fifteenth of Iuly in the Charter-house of Perth near her first husband Iames the year 1446. She brought forth to the black Knight of Lorn three sons Iohn Eâ—rl of Athole Iames Earl of Buchane Andrew Bishop of Mâ—rray The Chancellor having recovered his honours and State to the disadvantage of the Earl of Dowglass though of good years and tyred with the troubles of publike life yet findeth not any desired rest A Marriage being designed for the King with Mary daughter of the Duke of Guilders by the instructions of Charls the seventh the French Kings but secretly by the procurement of the Earl of Dowglass the Chancellor as a Man grave great in plâ—ce and experimented with the Bishop of Dunkel and Nicholas Otterburn is sent over the Seas in Embassie This troublesom and unprofitable honor abroad is laid upon him that he might be separate from the King and suspended from opposing to the private designs of the Earl at home This obstacle of his ambition removed which had neither moderation nor limits the Earl may excluded such Officers in State or Court who were not agreeable to him and substitute others of his Creation after his pleasure he hath now room and opportunity for his greatest designs His kindred are without pausing preferred to Offices of State his brothers to new honours Archembald is made Earl of Murray by the Marriage of a Lady of the house of Dumbar who was Heir of the Lands and the Kings Ward George is created Earl of Ormond Iohn made Lord of Balvenie and hath his Donation ratified in an Assembly of three Estates who were convented at Edinburgh for matters concerning the Marriage of the King but in effect that the Earl might pursue his old enemies The Commissioners are chosen after his pleasure are prepared and instructed by him prelimitated and to combine power with craft he entreth in an offensive and defensive League with many Noblemen Barons and Gentlemen of the Kingdom All the wheels and vices of his Clock being right set Alexander Levingston late Governor Alexander his eldest son Robert Levingston Treasurer David Levingston Iames Dundes Robert Bruce of Clackmannan Knights for Peculate and converting the Princes Treasure to their private use are forfeited taken and committed to sundry Prisons in December 1447. at which time they were brought to Edinburgh Alexander the Governor Iames Dundas and Robert Bruce after Fines laid upon them were permitted back to Dumbarton there to be kept Prisoners during the Kings pleasure Alexander
The Peaceproclaimed the Duke of Gloucester in all solemnity of greatness returned towards London being welcomed by the King with many demonstrations of great joy He to show how much he approved the conditions of this Peace went solemnly in procession from St. Stevens Chappel now the Parlament House accompanied with the Queen his Sister and a mighty retinue of the greatest Lords into Westminster Hall Where in presence of the Earl of Anguss the Lord Gray and Sir Iames Liddale Embassadours extraordinary from Scotland the peace was ratifyed At the return of the Scots Embassadours to their Countrey King Edward sent an Herauld with them who in his Masters name gave over the marriage contracted between the Lady Cicilia and the Prince of Rothsay and required the money which had been delivered upon hopes of consummation to his King The Citizens of Edenburgh had given their Bond for the redelivery and a day being granted to them for the payment they at the appointed day intirely delivered the sum Some thought King Edward recalled this marriage of a suspition he conceived that the Ambition of the Duke of Albany and the hatred of the Subjects against their King amidst the manifold distractions of the Realm might hazard the Succession of the Prince of Rothsay to the Crown But king Edward having gained what he had endeavoured most to acquire a division amongst the Nobles of Scotland and by this a Security from their assisting the French rejected the Match Besides the Duke of Gloucester who after his comming in Scotland was laying the foundations of the usurping the Crown of England his Brother once dead thought the alliance of his Brothers Daughter with a King of Scotland too strong a Support to that Race which he was to declare Bastards and a Rock upon which he was confident he should make a fearful shipwrack Neither his Brothers Daughter being marryed to a King of such martiall and turbulent Subjects as the people of Scotland durst he ever attempt the taking away of her Brothers and King Edward in neglect of this match committed a greater errour of State than he did in his marrying the Lady Elizabeth Gray and forsaking the Lady Bona Daughter to the Duke of Savoy According to the Records of some Authors whilst the King is kept nine Moneths in the Castle of Edinburgh the Duke of Albany the Lord Evandale Chancellour the Earl of Arguile the Archâ—bishop of St. Andrews the Earl of Athole his Uncle who for the preservation of his person and honour of his Office accepted the charge to attend him in that Fortress governed the State The King say the honest Records had all honour which appertained to a Prince save that he could not come abroad and none was permitted to speak unto him except in the audience of some one of his Lords Keepers and that his Chamber doors were shut before the setting of the Sun and long after the rising opened Proclamations are publisht in his name and Authority and other publick writings Such who only heard of him could not but take him to be a free and absolute Prince when near he was but a King in phantasie and his Throne but a Picture the regal Authority being turned into a cloak to cover the Passions of those who did govern The Duke of Albany dayly importuned by the solicitations Prayers and tears of the Queen a calm and temperate Lady for her Husbands Liberty finding himself not so respected by the other Governours as his birth and merits did deserve being a man who delighted in nothing more than in changes and novations of Court and State after so many scorns and rebukes offered to his Brother and King commiserating his long sufference and believing that good turns would make past offences be forgotten and recent benefits were sufficient to blot away old injuries withall remembrance of former discontents whilst the other Governours at Sterling securely passed the time posted in the night to Edenburgh Here a meeting being appointed of some of his friends and Vassals who knew nothing of his intentions by the assistance of the Citizens of Edenburgh men intirely loving their King and devoted to him all the time of the insurrection of his Nobles who gave the first assault yet was it rather their intelligence than force the Castle is surprised the King and all his Servants set at libertie This unexspected and noble act of the Duke of Albany having so fortunate a success brought a mighty change on the Court and State The King is now again reinstall'd and hath this residence in his own Palace to which many Noblemen and Gentlemen have frequent concourse rejoicing to see such evident tokens of love pass between the two Brothers if their affection could have continued The Provost and Baylies of Edinburgh in recompence of their service were made Sheriffs within all the bounds of their own Territories and rewarded with other privileges contained in that patent which they call their golden Charter 1482. The Lords of the contrary faction who remained at Sterlin by this new accident betook themselves to new thoughts and considerations every man full of fears and repinings flying to his own dwelling place and conceaving a great hatred against the Duke of Albany They said he was inconstant rash mad in setting at liberty the man who would prove his Executioner and one who would never forget any profer'd injury that if he perished before them it was but his own just deserving and procurement The Duke contemning those reproaches and answering their calumnies and evil words with patience and good deeds by the mediation of the Earl of Anguss Studied a reconciliation between the King and his discontented Lords And his endeavours had such good success that in a short time after this Atonement some of them turned so familiar and inward with the King that like the Ivy they began to sap the wall by which they had been supported They made the wound of the Kings old jealousies ranckle again and added poison to former discontents remembring him of the unnaturalness of his Brothers first Rebellion and assuring him that his antient Ambition had yet more power of him than his new fears of honesty and respect That howsoever he shewed outwardly the arguments of a reconciled Brother he loved yet to govern and aimed at the Crown That he had wrought his liberty to bring a greater confusion in the State than he had ever done before The King who ever had a watchful eye over his reconciled Enemies and who desired to be freed and fairly quited of them all gave way to their calumnies And they after long deliberation resolve upon a plot to bring the Duke within compass of law and summoned him to answer upon Treason And this was the rendring of the Town of Berwick to the English which they undertook to prove was only by his intelligence procuration and being in company with the Duke of Gloucester in that expedition Though the Duke had an absolute and general pardon
reach it affecting rather to give a stranger the place than a Competitor bringing in the French to equal the ballance as principal himself only as accessory nothing doubting of a chief place in State as well for his forwardness in this election as for the necessity of his Service which the French could not well want and should never be lacking He feared aslo if the faction of the Dowglasses prevail'd the greatness of the Earl of Anguss would be an umbrage to his and lessen and impair it Their Lands and Fortunes lying neer to other as that the Queen by her power in England would cross his fâ—irest projects The King of England had sent a Letter to the Lords of Scotland as he had done to the French King for that same effect remonstrating how dangerous it was for the State of Scotland and young King if they should make choise of the Duke of Albany Notwithstanding of all which through ambition malice envy of others discords amongst themselves they made choise of this Gentleman a stranger by his education and birth ignorant of the nature and manners of the Scots whose Father was banished for Treason against his Brother and dyed unrestored One altogether devoted to the French King and an enemy to the English not caring to keep the Countrey of Scotland in Warrs and Troubles so he might defend the French Nation by making the Scots fight their battels After many private Letters from his Friends in Scotland especially from the Chamberlin inviting him to come home and accept his new dignity the Duke at last is required by the State and Lyon King of Arms is directed to him to acquaint him with their proceedings and make him forward on his way He to endear his comming and make himself the more desired of the People excusing his stay for a while which he laid upon the Treaty of Peace which was then to be agreed upon between England and France by the marriage of Lovys the French King with Mary the youngest Sister of Henry King of England which required his presence sendeth home the King of Arms with Letters from the French King with Sir Anthony Darcea le Siâ—ur de la Beautie This man propounded certain conditions which the Duke required What should be the form of his Government his Guards what Castles should be delivered to him for his Garrisons the restoring his patrimony and Fathers dignities to him Which particularities being condescended unto to Castle of Dumbar was instantly delivered to la Beautie to be kept for a French Garrison at the Dukes comming and Sir Patrick Hamilton Brother to the Earl of Arran Iames Oguilbuy Abbot of Arborth with the King of Arms were sent back again to France After their arrival the Duke of Albany furnished with all necessaries by the French King with eight well rigged Ships took the Seas and in the moneth of May arrived on the West coasts of Scotland from whence with a great retinue of the Nobles and Barons of the Countrey by easie journeys the Queen meeting him he came to the Town of Edinburgh In the Parlament which had been porogued for his comming the Duke accepted the Government and gave his oath of fidelity to the King and Countrey and the three Estates gave their oath of obedience to him and both swore in the administration of Justice neither should be deficient to others Here is he restored to all his Fathers inheritance titles and honours Being declared Dukes of Albany Earl of March and Governour of the Kingdom till the Kings full maturity Many Laws are made for the weal of the Kingdom and to gratifie his Linnage Iames the naturall Sonne of Iames the fourth is created Earl of Murray At the presence of this new Governour the face of the State turned more beautiful and the Court more Royall opprâ—ssion is restrained justice sincerely executed the Court is frequented with good and virtuous men Malefactours and naughty persons banish themselves He maketh a progress to all the notable Towns of the Kingdom seeing crimes punished and faults amended Being a Stranger and not throughly acquainted with the municipal Statutes and particular practises of the Countrey in matters great and of importance he proceedeth by the instructions and informations of some choice men of the Nation it self Especially since he was not infinite to listen to the advice of every one he gave himself to hearken and follow the opinion and counsell of Iohn Hepburn Priour of St. Andrews whose judgement in his greatest difficultiâ—s he receives as an Oracle This man being of a subtle wind malitious crafty rich and endued with some Courtly eloquence by a counterfeit Pretence of knowledge of the affairs of the Kingdom and State neither in some things did he err at first being very familiar with the Duke and in a little time after by bribing secretly some of his choise Servants turned his only Privado and almost possessed alone his judgement and ear He informed him of the strength and Riches of the Countrey of the nature ot the people manner of theri Laws revealed to him many secrets of the Government He gave him a Catalogue of the whole deadly fewds and divisions amongst the Noble men and Gentry opening unto him which were inveterate and had long continued and wâ—ich were fresh upon what accidents they had their beginnings How in prosecuting Revenge in them they cared not how innocent any man was if he were of the Name and Alliance but rather thought the more innocent any was the more it testified their spight which they desired to manifest by taking him away He shewed him what factions were in the Kingdom who sway'd them and were the heads He told him the Scots were a violent fierce people muâ—inously proud and knew not how to obey without the Sword were drawn That they were never absolutely governed by their own Kings themselves far less would they be ruled by him who was but a Governour and half a Stranger King Iames the first they had killed they had made a League against King Iames the second in open Battel they had overthrown King Iames the third and the last King was be best judgements thought to have been secretly taken away here calling to mind the proclaiming of the Arch-bishop Andrew Formans Bull he omitted nothing could derogate to the Chamberlains reputation and honour and an evil opinion of him in the Governour He instructed him how the great Houses of Scotland were so joined and linkt together by kinred alliances Bonds of service or Homage that no Gentleman of any quality although a Malefactor and a guilty person could be presented to justice without some stir commotion tumult of the Grandees and their factious friends Amidst so many strong parties and confederate male-contents the Governor by the power of the Scots themselves and his own Kindred Friends and Followers were not powerful enough â—afely to administer justice for which cause the King of France should be implored to send hither competent
example the Countess of Ross abhorring the fierceness and cruelties as she gave out of her barbarous Husband but rather out of policy to be an Agent for him flyeth to the King and hath Revenues allowed her for the maintenance of her Estate Not long after the Earl of Ross himself the misadventure of his Confederates having taught him now some wisdom having seen the Kings clemency towards others equal to him to Treason and Rebellion by many humble supplications craved pardon and begged peace The King by his great prudence and the course of the affairs of his Kingdom knew that it was necessary sometimes to condiscend to the imperfections and faults of some Subjects and having compassion apply and accomodate himself to that which though according to the strictness of equity was not due yet for the present occasion and reason of State was convenient answered he would neither altogether pardon him nor 〈◊〉 eject him there being many signs of his wickendness few of his changed minde when honestly without fraud or guile he should erave a Pardon and give satisfaction to those whom by blood and pillage he had wronged and by some noble action deface the remembrance of his former crimes then should it be good time to receive him Notwithstanding this should not discourage him but he should know he had a desire to make him relish the effects of his bounty so he himself would finde the means and subject In this interim he wished him to keep the common peace of the Countrey and not oppress any of his Neighbours About this time the University of Glasgow waâ— founded by William Turnbul Bishop of that Sea William Hay Earl of Arole George Creighton Earl of Caithness William Lord Creighton died 1455. and the Bishop of St. Andrews is made Chancellor The King partly having loosed partly cut in pieces that Gordian knot of the League of his Nobility began to reobtain again the ancient Authority of the Kings his Predecessors giving and imposing Laws to his Subjects according to reason and greatest conveniencies Shortly progressing through the Quarters of the kingdom by the sound counsel and instructions of the Bishop of St. Andrews Iames Kennedy and William Saintclare Earl of Orknay used such clemency that in a short time he reclaimed all his turbâ—lent subjects In the year 1455. he held a Parliament where he ratifyed what was resolved upon to be done for the peace and weal of his People establishing many profitable Laws for the posterity after this time Ambassadors came from England and France unto him Henry the sixt King of England a soft facile Prince and more fit to obey then command having restored in blood and allowed the descent of Richard Plantagenet Duke of York the Duke under pretence and countenance of reforming the State and removing of bad Counsellors from the Court the umbrage of all Rebellions by one Iack Cade an Irish a bold man and who had a Spirit which did not correspond with his low condition who fâ—igned himself to be a Cousin of his of the House of Mortimer and other his Instruments raised a Rebellion which began amongst the Kentish men and was after continued by his confederacy with the Duke of Norfolk Earls of Warwick Salisbury Devon and others and notwithstanding he had sworn fealty to King Henry at Blackheath again openly took arms against him at St. Albans where in pitched field Edmond Duke of Somerset his greatest Competitor and who had been preferred to his place in the Regency of France was killed the King wounded taken and committed in the Tower of London At a Parliament after the Duke is made Protector of the kingdom at another Parliament he maketh claim for the Crown as in his own Right laying down thus his Title The Son of Anne Mortimer Daughter and Heir to Roger Mortimer Earl of March Son and Heir of Philip the Daughter and sole Heir of Lionel Duke of Clarence the â—hird Son of King Edward the third and elder Brother to Iohn of Gaunt Duke of Lancaster is to be preferred by very good right in Succession of the Crown before the Children of Iohn of Gaunt the fourth Son of the said Edward the third but Richard Plantaginet Duke of York is come of Philip the Daughter and sole Heir of Lionel third Son to King Edward the third then to be preferred to the Children of the fourth Son who was Iohn of Gaunt and so to Henry the fourth the Usurper his Son to Henry stiling himself Henry the fifth his Son and Henry the sixth now wrongfull calling himself King of England This Parliament chosen to the Duke of Yorks own minde at first various at last unanimously enacted that Henry during his life should retain the name and honour of a King but that the Duke of York should be continued Protector of the Countrey and be declared Heir Apparent and Successor of the Crown after the death of Henry Margarite the Queen Daughter to Rheny King of Sicily more couragious then her Husband disclaimeth the Parliamentary Authority and this Agreement of her King with the Duke of York as a matter done to the prejudice of her Son and against the Laws of Nations which admit not a forced Contract and done by a Prisoner The Crown of England hanging at this point the Queen to her defence imploring the aid and assistance of her best greatest Friends and Allies sendeth Embassadors to King Iames. These remembring the duties one King oweth to another against Rebels and the Usurpers of their Crowns the correspondency and amity of King Henry with King Iames during his prosperity expostulating the cruelty of the Rebels against Edmond the late Duke of Somerset Uncle to King Iames slain by them in defence of his Prince promise in their Kings Name Queens and their Sons with the approbation of the Noblemen of their Party to restore to the Kings of Scotland the lands of Northumberland Cumberland and Bishoprick of Durham after the manner the Kings of Scotland in former times had held these Territories of the Kings of England so he would raise an Army and advance to their aid and supply The Duke of York sent hither also his Ambassadors giving in many complaints against King Henry he had oppressed the people with taxations and all kinds of exactations he had preferred to places of State and Government new men by whose Counsel and his Queen he governed only he despised the old Nobility he had lost Normandy and Gascony as France had been lost by him England was likely to run the same danger They could not longer suffer his dull sluggishness and his Wifes exorbitant pride he was courageless in War and base in peace For the Duke of York if Justice did not warrant his claim except his Descent were undisputable and his Title without all exception he would not desire the possession nor succession of the Crown King Iames should remember it was King Henry who entertained the late Dissentions and Civil Discords of Scotland
the Kingdome by this notorious act at Lawder being engaged and being made Partakers of the Quarrel of the discontented Noblemen 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 Athole and some other Lords being appointed to attend him During this time the general humour 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 Garâ—ison diverted the Duke of Gloucester from Anwick where he had incamped in lune 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 Haills 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 assailiâ—â— the Castle to the Lord Stanley Sir Iohn Elrington and Sir Wâ—lliam â—arr with the body of the Army marched directly to 〈◊〉 The Countrey lay open to their invasion no Army taking the Field to oppose them they came in Scotland the twentieth day of August 1482. the Army encamped at Restlerig 〈◊〉 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 offer'd unto him His entry seeming rather a Triumph than hostile invasion The Kiâ—g 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 Iames 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 Lievtenant to his Brother was to exact of him and take satisfaction of his Countrey denouncing him open war and proclaiming him all Hostility King Iames for saken of his People and wrong'd 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 reckoned 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 intreat 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 Countrey 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 Countrey which already by the rapine of their own Men was impoverish'd and unmanu'd Only now to be recover'd by entertaining Peace with their Neighbours and amongst themselvâ—s 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 spoyl taken in these last incursions the interest consider'd upon both sides satisfaction should be given out of the publick contributions The Duke of Glocester as forgetting and seeming not to know the grounds of their coming into the Country and looking to nothing more then 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 Mariage 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 monies lent to their King upon the first agreement and withall a delivery of the Castle of Barwick 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 nor 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 Tyrannie and incursion over their bordering Countreys No arguments could prevail against the Duke of Gloucesters resolutions and being stronger in power he persever'd in his demans and in â—ll likelihood this was agreeed 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 24. of August 1482. 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 moneys lent by King Edward and promised upon a full discussion to make satisfaction for all dammages done the English by any in-road 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 â—is 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 proclaim'd Lieutenant of the Kingdom
Streets 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 afford The adverse party trusting go 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 Streets in great fury invade him Whilst the bickering continued and the Town is in a Tumult William Dowglas brother to the Earl of Angus 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 Sonne to the Earl of Eglintoun Sir Patrick Hamiltun Brother to the Earl of Arran with almost fourscour 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 Chancelour and his retinue took Sanctuary in the Dominican Fryers the tumult by the slaughter of some and flight of others appeased the Earl of Angus 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 Angus 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 Angus 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 designs 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 of 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 comming 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 surprize the Earl of Angus 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 â—led into England Amongst which and the chief were the Humes and Cockburns men Authors and accessary to the death of Sir Anthony Darcey The tyde now turning and mens affections changed the Earl of Angus with his brother Sir George Dowglâ—s 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 Countrey 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. Gaven Dowglas 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 wâ—ereof he much feared he was an irreconciliable enemy to the whole Family of the Dowglasses The principal cause of his comming 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 buryed 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 re resolution to stay he denounced from his Master present war He farther complained Thâ—t 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 neer a whole year the Duke had impâ—tuned 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 banish him a Forainer 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 Kingdome 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 Kingdomes to be bestowed upon them of which number he was none having ever preferred a mean estate justly enjoyed before a Kingdome evil acquired For the Earl of Angus he had used all Courtesies towards him notwithstanding of his evil demerits not for his own sake he did confess but for the Queens sake whom he honoured and respected as the Mother of his Prince and towards whom he should continue his observance That the King of England needed not misdoubt he would attempt any thing should derogate from the honour of his sister that complements of meer curtesie in France might
of moderation he threatneth still to let fâ—ll 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 occassion 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 Iohn Antonio Come peggio This Legate findeth King Iames at Faulkland 22. February 1535. and here with many Ceremonies and Apostolical Benedictions delivereth him a Cap and a Sword consecrated the Night of 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 neighboring 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 Hangeman The Calamities of England occasioned by the Kings Divorce from Katharine of Spain and his Marriage with Anne 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 sâ—aring Iron For the application of which she had recourse to his Majesty a Prince â—or his Ancestâ—urs 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 Shismatick a shameful and Shameless Adulterer a publick and profest homicide Murtherer a Sacrilegious Person a Church-Robber a Rebel guilty of â—ese-Majesty divine outragious many and in â—â—merable waies a Fellon a Criminal By all Laws herefore 〈◊〉 to be turned out of his Throne The King of Scotland for the Defence of the Church would undertake something worthy a Christiâ—n 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 entertaining the Legate answered the Pope with much regret for the estate and stubbornness 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 neerness of blood felt a more piercing sorrow he should leave no means untryed to recal his Uncle to the obedience of the Church and though by his Embassadours 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 Chruch Mean while he requested him not to be heaady forward nor rash in executing the Sentence against his Uncle which would but obdure him in his seperation King Iames not having lost all hopes of Uncle directeth the Lord Arskin to England to acquaint him with the Emperours and Popes Embassages and to take his Counsel about a marriage with the Duke of Vandosms Daughter whom the Freâ—ch King had offered to him his own Daughter being weak and sickly In this Embasâ—age there was a complaint against the Londoners who in their passage to the Island fishing spoyled the Coasts of Orknay and the adjacent Islands with a Request that King Henry would not succour the Lubeckers against the Duke of Hulstein The King of England not to prove inferiour to the Emperour the Pope in conferring honours upon his Nephew admitteth him to the Fraternity of the Garter which he delivered to the Lord Areskin his Embassadour 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-â—leece to Scotland who made such hasty journeys that he prevented the News of his comming and at unawares found the King at Sterlin The Substance of his embassage was That the Kings 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 Alliances offered him by neighbour Princes did offer to his own and his Counsels judgement 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 Iames 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 wirs to overthrow it The neerest Successors to the Crown covering their claim and interest argued That to marry the Lady Mary of England who for many years would not be mariagable 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 marying a Child That King Henry projected this mariage to no other end than to hinder him from better Allyances or to facilitate an entry to the kingdom That when a Prince would take advantage of any neighbor 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 mary 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 Trayn should be agreed upon as one thousand which none of th two Kings should exceed That the time should be at the Feast of Saint Michael the Arch-Angel between the Harvest and the Winter which would hast the consummation of the Ceremonies and not suffer the Kings to prolong time but invite their return to their own chief and principal Cities When it was declared to
long ere now have satisfyed his ambiâ—ion and at more easie rate when the King his father with most of the Nobility and Gentry of Scotland receiv'd that fatal overthrow by the Hills of Flowden and Banks of Till the refusing of an interview might divide the King and his Vncle upon which might follow some unnatural War Upon the other part the Church-men set all their Power to hinder this interview perswading themselves it would give a terrible blow to their Estates or Religion The principal cause say they why the King of England is so passionately earnest to have this meeting is to perswade his Nephew to conform Church-matters in Scotland to those already begun in England to abolish the Popes authority to drive Religious persons from their Lands Rents Houses invest the jewels and ornaments of the Churches Which counsel and example if King Iames should follow he would hazard or lose the friendship he had with the Pope Emperour and French King his best confederates abandoned of which he and his Kingdom would be left a Prey to the tyranny of his Uncle if Henry kept no faith to God Men had no reason to trust unto him That this Interview was to intrap his person He being the man whom the Pope and Emperour had designed to set upon his Throne and revenge their quarels That it was grosly to err to he carried away with a shadow and appearance and leave a Substance to trust at once his Crown person and liberty to an Enemy And sith examples move more than precepts let him think upon the hazard of King James the first eighteen years Prisoner and after sold to his Subjects Malcolm and William Kings of Scotland He should remember if yet he were therein to be instructed that Princes serve themselves with occasions over their Neighbours that they have greater care to satisfy their ambition than fear of shame for doing of wrongs with the present times or posterity That their Oaths were no longer kept than they observed their advantages That after he falleth in his hands he ought to follow his manners Religion forsaking and giving over his own natural disposition manners and freedom have no other affections nor motions than his For who commeth under the roof of a Tyrant turneth slave though he was a free man ere he did enter That this meeting with the body would endanger the Soul and infect it with his errours corrupting it with false opinions grounded upon a liberty to live to â—ensuality and Epicurean pleasure If upon the slighting of this Interview King Henry should denounce war against King Iames and invade his Countrey they in his just defence should furnish moneys to entertain an Army and overturn his proceedings For the present necessity they offer to pay to him fyfty thousand Crowns yearly and in any hazard of the Estate voluntarily to contribute all their rents and revenues providing it would please his Majesty to suffer justice to proceed against those who scandalously had sequestred themselves from the holy Church and to the contempt of his Laws publiquely made profession of the opinioâ—s of Luther That the goods of all who should be convict of Heresie which they esteemed to no less than an hundred thousand Crowns of yearly Rent should be brought to the Exchequer and their lands annext to the Crown To this effect they intreat his Majesty to give them sufficient Judges truly Catholick and full of zeal and severity After long reasoning upon both sides it was agreed the King should not altogether refuse to meet his Vncle but adhere to the first to offer propunded to this Embâ—ssador concerning this Inter-view The meeting to be at New castle one thousand at the most in train with either King the time to be the Feast of St. Michael the Arch-Angel These Conditions not being embraced by King Henry would if not abolish totally at the least prolong the time of this meeting the King of England thinketh his Nephew too imperious to assume the Injunction of the whole circumstances of their meeting but rather than his suit should take no effect accepteth both of the Place and number of the Train and that the might have some point yeelded unto him requireth the time may be the first of August These Conditions being almost agreed upon three or four hundreth Riddesdale and Tinedale men with other Borderers break upon Liddesdale and therewith large incursions kill and forrage This during the Treaty falling miserably forth so much irritated King Iames that accepting the offers of his Clergy he gave over inwardly all intentions of any inter-view By prolonging time labouring to winde himself out of the Maze Hereupon he sendeth Letters full of excuses for his stay representing his many grievances and wrongs suffer'd and the seeds of discord began now to be sowen amongst them To lightâ—n and recreate his cloudy thoughts the Queen is delivered at Sterlin of another Son who with great solemnity is baptized in the Chappel of the Castle and named Arthur The Prelates after mature deliberation present Sir Iames Hamiltoun natural Son to the Earl of Arran to be supream Judge of the Inquisition against all suspect of Heresie and new opinions differing from the Faith of the Roman Church The King approving their judgements in their choice admitteth him Sir Iawes chearfully accepteth this new honour For now his ambition will find many guilty miserable supplicants Yet was this charge his ruin For whilst he persecuteth all who were informed against to be suspect of the Reform'd Religion having many in Jayls and numbers in his Scrâ—les to bring within the Labyrinth of a Process the supream Providence arresteth himself Iames Hamiltoun Sherif of Linlythgow Brother to Master Patrick Hamiltoun Abbot of Ferme who had suffered for Religion and was cousin to Sir Iames Hammiltoun of Fennard Lord Inquisitor for embracing his Brothers opinions had been persued so by the Church-men that he was constrain'd to forsake his own Countrey and some yeers wander as a banisht man abroad But by his friends at Court having purchased a License or Protection for some moneths to see his desolate Family and put his private Affairs in order cometh home Where finding the censorian Power to be in his cousins hands for where should he have Sanctuary if he were challenged by so neer a Kinsman for matters of Religion imagining to himself an over-sight and preterition out-dateth by his stay his Protection Sir Iames to curry the favour of the Church-men and testifie how dearly the cause of the Catholike Faith touched him resolveth to begin with his Cousin For if he were so burnt up with zeal that he spar'd not his own blood in the quarrell of the Roman Faith what Heretick could pass unpunisht Besides the investing himself in the Sherifs Office and Lands which he never minded to restore he had a Picque against him for that whilst he sate Judge in Lithgow he pronounced a sentence by which he was interested in some petty gain The