recover But neither this nor the other poisons that were continually put in his meats serving to dispatch him Mistresse Turner the preparer of all procured an Apothecaries boy to give him a poysoned glyster which brought him to his end Overbury thus dead was presently buried and because of the blanes and blisters that appeared in his body after his death a report was dispersed that he dyed of the French Pox which few believed and still the rumour went according to the truth that he was made away by poyson The greatness of the procurers kept all hidden for a time but God who never suffereth such vile acts to go unpunished did bring the same to light after a miraculous manner It happenned the Earl of Shrewsbury in conference with a Counsellour of Estate to recommend the Lieutenant of the Tower to his favour as a man of good parts and one that desired to be known to him The Counsellour answering that he took it for a favour from the Lieutenant that he should desire his friendship added withall that there lay upon him an heavy imputation of Overburies death whereof he wished the Gentleman to cleer himself This related to the Lieutenant he was stricken a little with it and said That to his knowledge some attempts were made against Overbury but that the same took no effect which being told to the King he willed the Counsellor to move the Lieutenâ—nt to set down in writing what he knew of that matter as he also did thereupon certain of the Councell were appointed to examine and finde out the truth From Weston somewhat was found whereupon he was made prisoner Turner and Franklin the preparers of the poyson being examined confessed every thing and then all breaking forth the Earl of Somerset with his Lady and the Lieutenant were Committed Weston at his first arraignment stood mute yet was induced afterwards to put himself to the triall of the Countrey and being found guilty was hanged at Tyburne Mistresse Turner and Iames Franklin were in like sort executed The Lieutenant who had winked at their doings was judged accessary to the crime and condemned to death which he suffered expressing a great penitency and assurance of mercy at the hands of God In the May following the Earl and his Lady were brought to their triall which by their friends they laboured earnestly to eschew but the King would not be intreated for the love he had to maintain justice The Judge by Commission was Thomas Lord Ellesmore Chancellour of England and Lord High Stewart for that time his assistants were Sir Edward Coke Lord Chief Justice of England Sir Henry Hubbart Lord Chief Justice of the Common Pleas Sir Laurence Tanfield Lord Chief Baron of the Exchequer Judge Althared one of the Barons of the Exchequer Judge Crook Judge Dodderidge and Judge Haughton Judges of the Kings Bench and Judge Nicols one of the Judges of the Common Pleas. The Peers by whom they were tryed was the Earl of Worcester Lord Privy-seal the Earl of Pmebroke Chamberlain the Earls of Rutland Sussex Montgomery and Hartford the Viscount Lisle the Lord Souch Warden of the Cinque Ports the Lord Willowby of Eresby the Lord Dacres the Lord Monteagle the Lord Wtentworth the Lord Rich the Lord willowby of Parham the Lord Hansdon the Lord Russell the Lord Compton the Lord Norris the Lord Gerard the Lord Cavendish and the Lord Dormer With the Lady there was not much ado for she with many tears confessing the fact desired mercy The Earl who was the next day presented before the Judges made some defences but the confessions of those that were executed and a letter he had sent to his Majesty did so cleerly convincehim of being accessary to the crime at least that they were both sentenced to be taken to the Tower of London and from thence to the place of execution and hanged till they were dead It was a foul and hatefull fact on the Earles part especially who did betray his friend for satisfying the appetite of a revengefull woman yet by his Majesties clemency the lives of both were afterwards spared A new business was about the same time made by the Marquis of Huntly some eight years before he had been excommunicated and giving hopes from time to time of his reconcilement did not onely frustrate the same but breaking out in open insolencies had caused his officers discharge his Tenants from hearing the Sermons of some Ministers with whom he made shew to offend Being for this called before the high Commission he was committed in the Castle of Edinburgh and had not remained there two or three days when upon the Chancellors warrant he was put to liberty The Bishops that were in Town complaining to himself of that he had done were disdainfully answered That he might enlarge without their advice any that were imprisoned by the high Commission and when it was told that the Church would take this ill said that he cared not what their Church thought of him whereupon the Ministers made great exclamations in the pulpits as against one that abused his place and power Complaints hereupon were sent from all hands to the King The Bishops complained of the Chancellour his usurping upon the Commission and to this effect directed Alexander Bishop of Cathnes to Court The Chancellour complained of the turbulency of the Ministers and the liberty they took to censure the publick actions of Statesmen in their Sermons The Marquis upon a suit he made before his imprisonment had obtained licence to come unto Court and had taken his journey thither But the King upon the Clergies complaint sent Mr. Patrick Hamilton then waiting as Secretary deputy at Court to command the Marquis to return and enter himself in the Castle of Edinburgh for satisfying the high Commission withall he carried a letter to the Councell sharply rebuking them for releasing the Marquis he being warded by the Lords of the Commission The Gentleman meeting the Marquis at Huntingdon within a daies journey to London did use his message who intreated him to go back and shew the King that he was come to give his Majesty satisfaction in every thing he would enjoyn and to beseech his Majesty since he was so farre on his journey not to deny him his presence The offer of satisfaction pleased the King very well and permitting him to come forward to Court directed him to the Archbishop of Canterbury with whom he offered to communicate His excommunication standing in the way and it being contrary to the Canons that one excommunicated by the Church should without their consent who had so sentenced him be absolved in another it was a while doubted what course they should take The King on the one side was desirous to win him home and on the other loath to infringe the Order of the Church yet inclining to have the Marquis absolved it was thought that the Bishop of Cathnes his consent in
that it should be lawfull to Superiours and Lords of Regalities to refuse the entry of all such to their lands by precepts of Clarè constat or any other way Lastly that persons excommunicated for not conforming themselves to the Religion presently professed should neither in their own names nor covertly in name of any other enjoy their lands or rents but that the same should be intrometted with and uplifted to his Majesties use These were the Acts concluded touching Religion for the punishment of rapes which was grown as then too common his Majesty by a speciall letter did recommend to the Estates some overtures for restraining such violences As if any widow woman or maid should be forced and abused against her will the crime should be capital and not purged by the subsequent consent of the woman In like manner if any woman should be taken away albeit no further injury was done and she relieved either by her friends or by the Magistrate or by what so ever means the onely violence intended should be punished by death in regard the party had indevoured to do his worst And for those that did intice any woman to go away without their parents or tutors consent that they should be secluded from any part of the goods or lands belonging to the woman so inticed Some other Acts for the publick good of the kingdome were passed at the same time neither was it remembred that in any one convention so much good of a long time was done as in this In the beginning of February the Secretary was brought to Edinburgh and delivered to the Magistrates who received him at the neither port and conveyed him as a Prisoner to the lodging that was appointed A great gazing there was of people which troubled him not a little as he shewed by his countenance The next day he was delivered to the Lord Scone who with a guard of horse did convey him to the prison of Falkland there he remained to the 10 of March and was at that time taken to S. Andrews to abide his triall with the Justice there sate as Assessors the Earls of Dunbar Montross and Lothian the Lord Privy seal and Clerk Register His indictment was to this effect That in the year 1598 by the instigation of his Cousin Sir Edward Drummond a professed Papist he had stoln and surreptitiously purchased his Majesties hand to a letter written by the said Sir Edward and directed to Pope Clement the eighth in favour of the Bishop of Vaison for the said Bishops preferment to the dignity of a Cardinall And that notwithstanding the many denialls the King gave him in that busines he had treasonably conspired with the said Sir Edward to deceive and abuse his Majesty shuffling in a letter among others that were to be signed and filling it up after it was signed with the styles and titles usually given to the Pope and sealed the letter with his Majesties fignet the keeping whereof was intrusted to him by virtue of his office and in so doing had mostundutifully and treasonably behaved himself to the indangering of his Majesties Honour Life Crown and Estate and to the subversion of true Religion and the whole professors thereof Upon the reading of the indictment he was enquired if he would use any friends or advocates to speak in his defence as the order of the Court did allow him his answer was That he stood never in so great need of a Proloquutor the matter concerning his life estate and all that he possessed in this world yet he had choosed to keep silence and not employ either friends or advocates the offence he had committed being such as could admit no defence for howsoever he conceived that the keeping of intelligence with the Pope might advance his Majesties succession to the Crown of England yet knowing as he did his Majesties resolution never to use any crooked course but to rest upon Gods providence and his own right it did not become him to have medled in a matter of that importance Therefore did he intreat all gentlemen and others that were present to bear witness of his confession and the true remorse he had for the offence committed which he esteemed so great as neither his lands nor life may not twenty thousand lives such as his could repair onely two things he asked liberty to protest one was that he never intended to work an alteration of Religion or a toleration of the contrary the thing he had done being a meer worldly course whereby he judged some good might have been wrought at the time Next he protested that neither the love of gain nor hope of commodity had led him on that having never received nor expected benefit from any Prince living his Master the King onely excepted but an opinion he foolishly conceited that he might that way promote his Masters right In end he said that he would not make the Iudges any more business that he had confessed the truth and as he wished God to be mercifull to his soul in that great day his Majesty was most falsely and wrongfully charged with the writing of that letter to the Pope and that he never could move him to consent thereto The Jury was then called and the persons following sworn in face of Court David Earl of Crawford George Earl Marshall Iohn Earl Wigton Patrick Earl of Kingborne Iohn Earl of Tillibarden Alban L. Cathcart Iohn L. Salton David L. Scone Alexander L Garlies William Master of Tillibarden Sir Iames Douglas of Drâ—mlanrick Sir Robert Gordon of Lochinvar Sir William Levingston of Kilsith Sir Iohn Houston of the Ilke and Sir Patrick Home of Polwart These going apart returned after a short space into the Court and by the mouth of the Earl of Marshall pronounced Iames Lord Balmerinoch guilty of treasonable surreptitious fraudulent and false stealing of his Majesties hand to the letter specified in the indictment without his Majesties knowledge and contrary to his will declared As also of the treasonable affixing of his Majesties signet to the said letter and of assisting known and professed Papists in their treasonable courses to the danger of Religion the overthrow of the true professors thereof and drawing of his Majesties life estate and right of succession to the Crown of England in most extreme perill besides the bringing of most false and scandalous imputations upon his Majesty as well in Religion as honour and of art and part of the whole treasonable crimes contained in the said indictment The King being advertised of his conviction for he had commanded before any doom should be pronounced by a warrant directed to the Justice he was brought again to Edinburgh and in a Justice Court kept the first of Aprill decerned to be taken to the place of execution and there to have his head cut off his lands heritages Lordships Baronies taks steadings rooms possessions offices benefices cornes cattell c. forfeited and escheated to his
answer Captain Iames Stewart his reply Morton is commited 2Ì„â— Ianuarii 18. Ianuar. An Assembly of the Church with their proceedings against the Bishops The iniquity of their proceedings A letter from the Earl of Lennox to the Assembly Iohn Dury committed to the Castle The death of Mr. Iohn Row An Ambassadour from England His Majesties answer to the Ambassadour An Assembly of the Estates The Ambassadour laboureth with Noblemen to take Arms for Mortons liberty Forces sent by the Queen of England to the Borders An. 1581. The proceeding against Mortons friends at Court The Ambassador departeth secretly to Berwick Sir Iohn Seaton denied passage into England Morton brought from Dumbritton to Edinburgh Morton his indictment Sentence pronounced The Ministers conference with the Earl of Morton The sentence mitigated Arran desireth Morton to subscribe his confession Morton his Answer Morton his behaviour at his death Mortons qualities and good parts Arrans proceeding against Morton and his servants approved Arran his marriage with the Countesse of Marche Montgomery his Simoniacal bargain for the Bishoprick of Glasgow Inquisition made of Montgomehy his life and doctrine The Articles against Montgomery communicated to the King Mr. Walter Balcanquel questioned for speeches in Pulpit Balcanquels answer The King ceaseth from pursuing the complaint Balcanquels Sermon approved by the Assembly An. 1582. Montgomery suspended by the Presbytery of Striveling He is cited to appear before the Synod of Lothian The Synod inhibited to proceed An Assembly at S. Andrews Mr. Mark Ker sent to discharge the Assemblies proceeding The Assembly discharged under pain of Rebellion to desist The Assembly proceedeth and findeth him culpable of divers crimes Montgomery falling from his resolution submits himself to the Assembly Montgomery changeth and returneth to his first course Mr. Thomas Smeton his Sermon at Glasgow Montgomery processed for preaching at Glasgow The Moderâ—tor of the Presbytery imprisoned in the Tolbuith A solemn Fast kept Iohn Dury Minister at Edinburgh was removed from his charge Ministers directed to the King Mr. Iohn Davidson excommunicated Montgomrie The surprise of the King at Ruthven 23. Aug. 1582. The King stayed from his sport by the Master of Glammit Arran withholden from the the King The Duke of Lennox sendeth to enquire of the Kings Estate The Duke of Lennox willed to retire to France A Proclamation declaring the Kings contentment with his stay at Perth The Duke is advised to go unto Dumbritton An Ambassador from England September 12. The Earl of Angus received in favour October 12. The Lords bring the King to Halirudhouse Octob. 8. An Assembly of the Church at Edinburgh The Lords â—end to obtain the Assemblies approbation The Assemblies ratificacation of the attempt at Ruthven A Convention of the Estates at Edinburgh The Kings speech to the Estates The attempt of Ruthven declared to be good service The Earl of Arran ordained to be detained till the Duke was gone The Duke falling sick at Seat taketh journey by land The Duke dering to see the King before he went away is denied Two Ambassador from France La Mott and Menevil The purpose of association renued The Ministers declared in their Sermons against the Ambassadors The Magistrates of Edinburgh desired to feast the Ambassadors The Ministers proclaim a fast Febr. 16. The Duke of Lennox dieth at Paris 26. May 1583. The King directeâ—h Amâ—assadours to England An. 1583. The negotiation took no effect The life and death of Mr. George Buchannan The King freeth himself of his attenders Ianuar. 28. The Earl of Gowry confesseth his fault and is pardoned An Act following the service of Colonel Stewart The Earl of Arran called again to Court His Majesties Declaration touching the attempt of Ruthven The discontented Lords confined All of them Angus except for their disobedience were denounced Rebels Ambassage from England the beginning of September His Majesties answer to the Ambassador The Ambassador complains of a Jesuits escape His Majesties answer An Assembly of the Church Grievances presented to his Majesty by the Church The King his answer to the grievances The answer did not satisfy the Church Lodowick son and heir to the late deceased Duke of Lennox cometh into Scotland Novemb. 13. The King his kindnesse to the Duke his children A Convention of Estates Prorogation granted to those that were charged to enter in Ward An offer of pardon to those who will acknowledge their offence at Ruthven The Earl of Rothes his protestation Iohn Dury questioned for allowing the attempt of Ruthven An. 1584. Mr. Andrew Melvil fleeth into England The King his Proclamations misregarded The Earl of 〈…〉 Being at Dundy he is apprehended by Colonel Stewart April 16. The Castle of Striveling surâ—â—â—ed April 18. The King 〈◊〉 to go towards Striveling The Rebels flee into England The Castle rendred April 27. Gowry examined touching the conspiracy His confession set down by himself in writing A letter from Gowry to his Majesty He is denied audience and put to the trial of a Jury The points of his endictment His exceptions repelled The names of the Assisers Gowry found guilty and sentence pronounced His execution and manner of death Archibald Douglas and another executed The houses of the Rebels charged Ministers called in question for the conspiracy Mr. David Lindesay Minister at Leth committed The Ministers at Edinburgh flee to England Mr. Robert Pont protesseth against the Acts. Libells and pamphlets against the Rulers of the Court. A letter from the Ministers of Edinburgh to the Session of the Church and Councel of the Town By the Kings direction an answer is returned in this form The letter grieveth the Ministers exceedingly Mr. Iames Lawson died at London Mr. Alexander Arbuthnet his death Mr. Thomas Smeton his death The Ministers charged with the subscription of certain Articles Mr. Nicol Dalgleish condemned David Home and his brother executed Robert Hamilton of Eglismachan delateth the Lairds of Dâ—uwwhasil and Mains Drumwhasil and Mains put to a trial They are found guilty and executed The unhappy end of Hamilton the delator Arran his power and credit at Court Arran laboureth to gain the Queen of England 12. Augusti An. 1585. The Master of Gray sent into England the beginning of October The Archbishop of S. Andrews sent into England The Queens answer to the Master of Gray The Justice Clerk directed into England April 1585. The banished Lords challenged by the Justice Clerk Arran draweth much envy upon himself His falling out with the Lord Maxwel Troubles betwixt the Maxwels and Iohnstons Johnston taken prisoner and shortly after dieth Sir Francis Russel sonne to the Earl of Bedford killed at a meeting in the Borders Arran and Farnherst confined Farnherst dieth at Aberdene Sir Edward Wotton Ambassador to Scotland about the beginning of Iune 1585. A convention of the Estates at S. Andrews A league continued with the Queen of England Lord Claud after his agreement with the banished Lords taketh a course by himself Ambassadors from Denmark Iuly 12. The King
tried to provide for afterwards against the like by a new edict it was made capital to disperse libels for defaming any person in that sort and to have keep or read any such that should happen to be affixed or cast into the streets The Earl of Lenox whilest these things were a doing ceased not to solicit the Queen by his letters for taking trial of the murther without delaying the same unto the time of Parliament as she had purposed Particularly he desired the Earl of Bothwell and others named in the libells and placard affixed on the door of the Senate-house to be apprehended and the Nobility assembled for their examination Bothwell perceiving that he was now openly attached did offer himself to triall for which the 12. of Aprill was assigned and the Earl of Lenox cited by the Justice to pursue according to the delation he had made In the mean time to fortifie himself he got the Castle of Edinburgh in his custody upon the Earl of Marre his resignation placing therein Sir Iames Balfour whom he especially trusted The Earl of Marre for his satisfaction had the Prince delivered in his keeping and caried unto Striveling where the Earl then lay heavily sick The Diet appointed for the triall being come and the Court fenced as use is Bothwell was empannelled The Earl of Lenox being called compeired Robert Cuningham one of his domesticks who presented in writing the Protestation following My Lords I am come hither sent by my master my Lord of Lenox to declare the cause of his absence this day and with his power as my Commission beareth The cause of his absence is the shortness of time and that he could not have his friends and servants to accompany him to his honour and for the security of life as was needfull in respect of the greatness of his partie Therefore his Lordship hath commanded me to desire a competent day such as he may keep and the weight of the cause requireth otherwise if your Lordships will proceed at this present I protest that I may use the charge committed to me by my Lord my master without the offence of any man This is that if the persons who pass upon the Assise and enquest of these that are entered on pannell this day shall cleanse the said persons of the murther of the King that it shall be wilfull errour and not ignorance by reason it is notoriously known that these persons did commit that odious murther as my Lord my master alledgeth And upon this my protestation I require an instrument The Justice by the advice of the Noblemen and Barons appointed to assist in that judgement did notwithstanding the said protestation grant process whereupon the Noblemen chosen for the Jury were called These were Andrew Earl of Rothes George Earl of Cathnes Gilbert Earl of Cassils Lord Iohn Hamilton Commendator of Aberbrothock Iames Lord Ross Robert Lord Semple Robert Lord Boyd Iohn Lord Hereis Laurence Lord Oliphant Iohn Master of Forbes with the Lairds of Lochinvar Langton Cambusnetham Barnbowgall and Boyne the Earl of Cassills excused himself offering the penalty which by the Law they pay that refuse to pass upon Assise but could not obtain himself freed the Queen threatning to commit him in prison and when he seemed nothing terrified therewith commanding him under pain of treason to enter and give his judgement with the rest Thus were they all sworn and admitted as the manner is After which Bothwell being charged with the inditement and the same denied by him they removed forth of the Court to consult together and after a little time returning by the mouth of the Earl of Cathnes their Chancellour declared him acquit of the murther of the King and of all the points contained in the inditement with a protestation That seeing neither her Majesties advocate had insisted in the pursuit nor did Robert Cuningham Commissioner for the Earl of Lenox bring any evidence of Bothwells guiltiness neither yet was the inditement sworn by any person and that they had pronounced according to their knowledge it should not be imputed to them as wilfull errour which they had delivered Mr. David Borthwiâ—â— and Mr. Edmund Hay who in the entry of the Court were admitted as his prolocutours askt instruments upon the Juries declaration so he went from that Court absolved yet the suspicions of the people were nothing diminished And some indeed were of opinion that the Judges could give no other deliverance nor find him guilty of the inditement as they had formed it seeing he was accused of a murther committed on the 9. day of February whereas the King was slain upon the 10. of that moneth But he for a further clearing of himself set up a paper in the most conspicuous place of the market bearing That albeit he had been acquited in a lawfull Justice court of that odious crime laid unto his charge yet to make his innocency the more manifest he was ready to give triall of the same in single combate with any man of honourable birth and quality that would accuse him of the murther of the King The next day in the same place by another writing answer was made that the combat should be accepted so as a place were designed wherein without danger the undertaker might professe his name The 13. of April a Parliament was kept for restoring the Earl of Huntley and others to their estates and honours which was not as yet done with the solemnity requisite In this Parliament the Commissioners of the Church made great instance for ratifying the Acts concluded in favour of the true Religion yet nothing was obtained The Queen answering that the Parliament was called for that onely business and that they should have satisfaction given them at some other time The Parliament being broke up Bothwell inviting the Noblemen to supper did liberally feast them and after many thanks for their kindness fell in some speeches for the Queens marriage shewing the hopes he had to compass it so as he might obtain their consents Some few to whom he had imparted the business before-hand made offer of their furtherance the rest fearing to refuse and suspecting one another set all their hands to a bond which he had ready formed to that purpose A few dayes after faigning an expedition into Liddisdale he gathered some forces and meeting the Queen on the way as he returned from Striveling whither she had gone to visit her son he took her by way of rape and led her to the Castle of Dumbar No men doubted but this was done by her own liking and consent yet a number of Noblemen convening at Striveling lest they should seem deficient in any sort of their duties sent to ask whether or not she was there willingly detained for if she was kept against her will they would come with an Army and set her at liberty She answered That it was against her will that she was
and then rendered at discretion Cap. Cowts with 30. of his souldiers were executed because they had once served and made defection The rest were pardoned upon surety not to carry arms against the present authority This expedition ended the Regent returned to Edinburgh In the the Moneth of August by letters from Denmark it was advertised that Colonel Iohn Clerk who had served the King there in his warres with Sweden was imprisoned by the suggestion of some countreymen that laboured for Bothwels liberty Whereupon Mr. Thomas Buchannan brother to Mr. George Buchannan the Kings Tutor was sent in Ambassage to Denmark to require that Bothwel might be delivered and sent into Scotland to the effect justice might be done upon him or then that he might be judged there for the detestable murther committed upon the person of the Kings father and receive his due punishment This had before that time been often desired but was delayed by divers occasions and now the report of Bothwels greater liberty and that he had been permitted to accuse colonel Clerk a Gentleman well esteemed of good reputation for his service done both at home and in parts abroad the Regent and Councel took occasion to put that King in remembrance of their former requests and if any doubt was made in those parts of Bothwels guiltiness they offered to clear the same by evident probation thereupon intreated him by the communion of blood and nigh kindred betwixt him and the King of Scotland that he would not suffer such a nefarious person to escape In the same letters they requested that the Colonel might be set at liberty and restored to the Kings wonted favour or then be licenced to return into Scotland where there was present use for his service This Ambassage was not without fruit and put Bothwel out of all credit so as desperate of liberty he turned mad and ended his wicked life some years after as before was touched most miserably All things now went ill with the Queens saction neither saw they a way to subsist but by labouring an Abstinence which the Secretary earnestly went about and prevailed so farre with the two Liegers of France and Spain as they brought the Queen of England to a new Treaty with the Scots Queen and to hearken unto some overtures which she did make both for the Queens assurance and for the setling of a perfect peace betwixt her and her son and those that stood in his obedience This moved the Regent he did greatly oppose it yet the Queen of England would needs have him agree to the Abstinence for the space of two moneths in which it was thought the Treaty should take an end Great dispute there was about the tenour and form of the Abstinence which at last was accorded in these terms That the Regent should oblige himself and his partakers to cease from Arms and not to molest any that pretended obedience to the Kings mother during the space of two moneths which should be understood to begin the third day of September providing that no innovation should be made in the government and all things continue in the same estate wherein they were at the death of the late Regent As also that the ordinary administration of the Law and Justice in Parliament Session and other Courts with the punishment of thieves and trespassers might proceed in the mean time by law or force in the Kings name and under his authority without any opposition This granted by a second letter the Queen of England signified That she had appointed Sir William Cecill her principal Secretary and Sir Walter Mildmay Chancellour of the Exchequer to repair to the Queen of Scots and learn what offers she would make for her Majesties surety and the not disturbing the Realms if she should be put to liberty In which treaty she minded not to neglect the surety of the young King and the estate of the Nobility adhering to him whereof she would be no lesse careful then of what concerned her self most But in regard that treaty could take no good effect if the Regent and the Nobility on his side should do any thing to the prejudice of the Queen of Scots and her party she desired that no Parliament should be kept during the time of the treaty or if it had taken beginning before the receipt of the letter that nothing should passe therein which might give her cause to complain And for the Abstinence taken unto the third of November seeing there was no likelihood the treaty should take an end in so short a time he was further desired to prorogue the same for other two moneths The letter dated at Windsor the seventh of October was brought to the Regent the thirteenth some two days after the Parliament was begun This treaty did much perplex the Regent for albeit he was advertised before of the Queen of Englands condescending to hear what the Scottish Queen would say in her own cause yet he did not expect any such suddain dealing or that it should have begun without his knowledge But making the best construction of all things he answered That the Parliament had taken a beginning before her Majesties letters came to his hand and for the reverence he did carry to her he had abstained from all proceeding in any matters only his office of Regiment was confirmed and the Parliament adjourned unto the moneth of January before which time he hoped the fruit of that treaty would appear For the prorogation of the Abstinence he had declared at the first how hurtful the same was to the King his affairs and that there was no true meaning in the adverse party ad did manifestly appear by the arresting of the ships and goods of the Scottish Merchants professing the King his obedience in the Kingdome of France and other divers insolencies practised at home since the granting thereof That howsoever he was perswaded her Majesty had not a mind under colour of the Abstinence to ruine the young King and those that stood in defence of his authority yet they had received more hurt thereby then they could have done if open hostility had been professed Therefore he desired that before he was urged with a further cessation the ships and goods stayed in France might be set free the injuries committed at home repaired and all things innovated in the Government since the late Regents death disannulled by Proclamation which things performed he should willingly obey her Majesties desire Upon this last part of the letter many debates arose amongst the parties and divers particulars on either side were exhibited in writing to the Earl of Sussex for verifying a breach of the Abstinence against others That which I find most insisted upon was the denouncing of Secretary Lethington Rebell who being cited to appear at a certain day before the Regent and Councel was for his contumacy sentenced to lose his office and have his goods consiscated The Regent challenged of
should prefer none thereto but such as was sound in Religion and for other qualities apt and worthy That during his Regencie he should grant no respits nor remissions for hainous crimes That he should not transport the King forth of the Castle of Striveling without the advice of the Councel That he should grant no favour to the murtherers of the Kings Father and Regents That he should neither enter into league with forainers nor denounce warre without the consent of the Estates And that he should be careful to entertain the amity contracted with the Queen of England The Estates on the other part did promise to assist him with all their power against the Kings enemies and to joyn with him in the reformation of whatsoever abuses crept in by occasion of the late troubles without offending at the execution of justice upon their nearest and dearest friend Order was also taken for the entertainment of his house the setling of a resident Councel and the advancing of the revenues of the Crown to the best profit And these were the things done in that meeting Soon after came Sir Henry Killigrew Ambassadour from England partly to declare the content which the Queen had received in the choice of the Earl of Morton to be Regent and partly to renew the Abstinence which was then near the expiring Herein he prevailed so farre with the Duke and Huntley as they were brought not only to prorogate the Abstinence but also to name certain Noblemen who should meet for them at Perth with such as the Regent by advice of the Councel should nominate for concluding a perfect peace The Laird of Grange and those that remained with him in the Castle refusing to be comprehended in that treaty went on in victualling and fortifying the house for impeding whereof the Regent did levie some companies of souldiers to inclose the Castle and because the time of Parliament was approaching he caused erect Bulwarks in divers places of the street to secure the people at their meetings to Sermon and the Judges that convened to the ministration of Justice Grange finding himself thus pent up did by a Proclamation from the Castle wall command all the Queens subjects to depart forth of the town within the space of 24. hours The time expired he made the Cannon thunder upon the town to the great terrour of the Inhabitants yet there was no great hurt done that way which when he perceived he hired one of his souldiers to set fire in the night time to some houses under the wall which destroyed a number of tenements for a strong Western wind blowing in the time the fire did so rage as from S. Magdalens Chappel Westward all was consumed none daring to put hand to quench the fire because of the Canon that played still on the part where they saw any concurse of people This made him extremely hated and even they that otherwise wished him well were greatly offended with this doing The Parliament notthelesse kept and thre in divers Acts were mode partly for maintaining the Kings authority partly for preservation of true Religion which causes were held in those days so conjoyned as the enemies of the one were likewise esteemed enemies to the other Therefore was it then enacted That none should be reputed loyal and faithful subjects to the King or his authority but be punished as rebels who made not profession of true Religion And that all such as made profession thereof and yet withstood the Kings authority should be admonished by their teachers to acknowledge their offence and return to his Majesties obedience and if they refused that they should be excommunicated and cut of from the society of the Church as putrid and corrupted members The Parliament breaking up the Regent by advice of the Councel directed to the meeting at Perth the Earl of Argile then created Chancellour the Earl of Montrosse the Abbot of Dunfermlin Secretary the Lords Ruthven Boyd and Sir Iohn Ballenden Justice Clerk There met with them the Earl of Huntley and Lord Iohn Hamilton Commendatory of Aberbrothock authorised by the rest that maintained the Queens authority The English Ambassadour assisting them after some days conference they were brought to agree upon these Articles 1. That all persons comprehended in the present pacification should acknowledge and professe the true Religion established and professed within the Realm and maintain the Preachers and professours thereof against all opposers specially against the confederates of the Councel of Trent 2. That the Earl of Huntley and Lord Iohn Hamilton with their friends and followers should submit themselves to the King and to the government of the Earl of Morton his Regent and his successours in the same acknowledging themselves the Kings subjects by their oaths and subscriptions 3. That they should confesse all things done by them under colour of any other authority since the time of his Majesties Coronation to have been unlawful and of no force nor effect 4. That an Act of Parliament should be made with all their consents ordaining that none of the subjects should assist fortify supply or shew any favour directly nor indirectly to those who should happen to practise against the religion presently professed the Kings person his authority or Regent And if they should be tried to do any thing to the contrary the remissions granted to them with all other benefits of the pacification should be null and they pursued for their offences past as if they had never obtained pardon for the same 5. That all persons professing his Highnesse obedience who had been dispossessed during the late troubles should be reponed to their houses lands livings benefices and whatsoever goods belonging to them if so the same were extant in the hands of the intrometters horses and armour only excepted 6. That the Master of Forbes Iames Glen of Barre and all other persons should be set at liberty as likewise the bonds given by the Lord Semple and others for entry of prisoners or for paiment of any ransomes be discharged 7. That the Earl or Huntley and Lord Iohn Hamilton should dimit and cause all souldiers hired or maintained by them or any of their party to be forthwith dimitted 8. That all processes of forfeiture which had been led especially the sentences given against the Earl of Huntley Lord Iohn Hamilton and Lord Claud his brother William Bishop of Aberdene Alexander Bishop of Galloway Adam Gordon of Awchindown and the rest of their friendship for any crimes or offences done in the common cause against the King and his authority since the 15th of Iune 1567. or for any other cause contained in the summons of forfeiture raised against them should be declared null and of no force without any other special declaration And that the foresaid persons should have liberty given them to reduce the said forfeitures as they should please 9. That all persons then returning or who should return to the Kings obedience and
either of life or goods When your Grandfather departed this life which was in the year 1542. they did not exceed the number of 20. or 30. men at most Now they are growne to three or four hundred dwell nigh to others are well armed have good horses and upon a simple shout are ready to joyn in defence one of another The Borderers on the Scots side are not in this condition for the space of twenty miles there is not a strength in which an honest man may sleep safe no town nor strong hold to retire unto in time of necessity neither is the countrey populous nor is it fruitful the ground being a pasture ground barren and profitable only for the bestial the people that inhabit the same poor unruly and not subject to order So what for the number of these wicked men that live in the English Borders what for the evil disposition of our own it is a charge most difficile to guard these marches and to contain the people from doing or receiving wrong The only remedy in this time of peace is to keep our own countreymen in awe and fear of justice so as neither they break loose themselves nor have any dealing with their neighbours under hand in their wicked practices And how this may be done most surely your Majesty and this honourable Councel is to think my opinion I have set down in some Articles which I humbly submit to your Majesties and Councels censure Having thus spoken he presented a writing containing these heads 1. That the Warden should make his residence in Lochmaben with his family and if in the Winter season he made his stay in Dumfreis he should depute a sufficient Gentleman for holding Courts of Justice weekly according to the ancient form 2. That the Warden should be assisted with five or six of the wisest men in the countrey of which number two should be of the name of Iohnston and lest their chief should think the Wardens proceeding against his followers partial and done out of old rancor that a moderate course should be kept in confiscation of their goods the halfe being allowed to the wives and children of them that should happen to be convicted and executed and the other half disponed to the Laird of Iohnston himself 3. That the Barons and landed men within the bounds should present their tenants and servants as they should be required and no man excused or exempted 4. That the Lords Carlile and Hereis the Lairds of Drumlanrig Apilgirth Lag and Iohnston should remain nigh to the Warden and when the Lord Maxwell hath not the charge that he be obliged to dwell in the house of Langhome or if he be Warden himself that he maintain a Captain therein with twelve horsemen to be ready upon all occasions 5. That the Warden be allowed a guard of 24. horsemen with their Captain who shall be laid in the town of Annand 6. That the Kings houses of Lochmaben and Annand with the watch-tower called Repentance be repaired a great bell and firepan put into it with some honest man to watch and give warning to the countrey where the fray is and a husband land allowed him for his service 7. That the lands called The debateable lands be visited that it may be known how much thereof is claimed by the broken men of the countrey to be their steedings and security taken of them for keeping good order 8. That dayes of truce be kept every 40. days once or within two moneths at least and such as shall be found to be robbed of their goods be redressed to the double and with safer according to the law of Marches Lastly that his Majesty every year in the moneth of September send one or two of the Councel to try the estate of the countrey what duty the Warden doth and if the Barons and landed men do give their assistance that where any defect is found the same may be punished At these Articles the Lord Maxwel took exception especially at the first and second for the house of Lochmaben he said was his own as heretable Stewart of Annandale and that any part of the Escheats should be given to the Laird of Iohnston he held it prejudicial to the Wardens office and said it would be an occasion for other Barons to suite the like But that which did most displease him though this he dissembled was that any should be joyned with him as assisters for he would needs be absolute in these parts and have all to depend of him which ambition he still nourished and thereby in end wrought his own ruine Yet the King not willing to displace him for he understood his power to be great in these marches made offer to continue him in the charge and to allow him a company of 24. horsemen with a Captain for repressing the outlawes upon three conditions First that he should take the advice of the Barons of the countrey in all affairs and proceed in the ministring of justice by their counsel Next that none should be declared fugitives but by their consents And thirdly that the servants of landed men should not be apprehended till their Masters were first charged to exhibit them unlesse they were taken in the fact and as they speak with the red â—and He excusing himself and professing a great willingnesse to give his attendance to any other whom his Majesty should appoint the Lord Hereis was chosen Warden and the custody of the West Marches committed to him In the beginning of this year to wit upon the 24. of April the Earl of Athol died at Kincarne of a sicknesse contracted in Striveling where he and some other Noblemen had been feasted by the Earl of Morton and as report speaketh always the worst of great mens deaths so the rumour at this time went that Morton had made him away by poyson which his Lady and friends did so strongly apprehend as when the Councel was examining the Physitians that embalmed his corps whether they perceived any sign of poyson at his unbowelling they took upon protestation that the trial of the Councel should not prejudge the criminal pursuit which they intended before the Justice And albeit the Physitians did upon their oathes declare that his death was not caused by any extraordinary mean yet the scandal was fostered a long time by a sort of rhyming Libels which were afterwards tried to be composed by one Turnbull a Schoolmaster at Edinburgh and another called William Scot who were executed for the same at Striveling in the end of the Summer A consultation was held at the same time in Striveling for punishing the murtherers of the two Regents which by the edict of pacification was delayed unto the King his assuming of the government in his own person Touching the form of proceeding the opinions of those that were privy to the businesse were different for some thought that the persons who were suspected should be summoned to a day and
with a common consent This I thought likewise fittest but in the mean time I prepared to depart and would have been gone if contrary winds had not stayed me The same Gentleman came afterwards unto me and shewed that they were returned and would shortly be seen at Striveling This moved me to remain albeit doubting of a sufficient concurrence of Noblemen I was not resolved what course to take and lay in a carelesse security at Dundy more inclined to go then to stay I protest always before God that I never heard nor was in counsel of any plot against his Majesties Person Crown or Estate but only studied to keep my self from ruine by the assistance of others At our meeting together unto which time all was deferred it was thought that a course should be taken by common advice for securing our selves in his Majesties favour And whereas I am asked what Noblemen were privy to the enterprise and what was looked for from England I will truly declare all upon the firm assurance of his Majesties clemency At home it was expected that all those who subscribed the bond in that first alteration would joyn themselves with us and besides those divers others namely the Earl of Marshal and Bothwel with the Lord Lindesay and some of the West parts So it was affirmed to me but how truly I cannot say From England we expected a supply but no certain time was appointed and it was said that the Queen minded to intercede for restitution of the Hamiltons if she found the King tractable This is all I know and if there by any other particular tending to his Majesties well or hurt which I do not at the present remember I shall plainly reveal the same whosoever be offended therewith At his coming to Striveling he sent to the King a letter penned in this form Please your Majesty it is neither diffidence nor despair in your Highnesse favour and clemency towards me nor any desire I have to live in this world that moves me to require some short audience of your Majesty But there is a purpose of so weighty importance which I desire to impart unto your Highnesse which might have endangered the life and estate of your mother and your self if I had not stayed and impeded the same the revealing whereof may avail your Majesty more then the lives and livings of 500. such as my self most humbly therefore I beseech your Highnesse that my Petition may be granted I assure my self of your Majesties gracious answer Striveling the last of April 1584. In a Postscript this was added The matter I have to speak is not the concealing of treason but the revealing of a benefit This Petition was denied and the same made a part of his indictment for being brought to his trial the fourth of May Mr. Iohn Grahame sitting as Justice and assisted by Sir Iohn Gordon of Lochinvar Alexander Master of Levingston Alexander Bruce of Airth and Iames Edminston of Duntraith he was indicted of four points First that in the beginning of February Mr. David Home servant to the Earl of Marre came to him privately in the town of Perth under silence of night and communicated to him the treasonable device of surprizing the Burghs of Perth and Striveling at least of one or other of them and that he agreed to the taking and fortifying of the said towns whereby he had incurred the crime of Treason as well in concealing as consenting to that wicked purpose 2. That understanding Mr. Iames Areskin to be a trafficker betwixt Marre Angus and others he did belay the ways to the end he might speak with him and after meeting kept conference with him touching the surprise of the Castle of Striveling and the furnishing thereof with men and ammunition 3. That being charged in Dundy by his Majesties letters to render himself to the Lord Petten Weyme his Majesties Chancellor and Captain of his Highnesse guard he did enter into the house of William Drummond Burgesse of Dundy and with his Complices defended the same by the space of 6. houres making exclamations to the people that he was pursued for Religion and desiring them to aid and assist him 4. That he being obliged to maintain his Majesties person life honour and Crown and having intelligence of a most weighty purpose that concerned the life and estate of the King and the Queen his mother he had treasonably concealed the same and did as yet keep up the specialties thereof albeit he professed he knew it so perfectly that in his letter written to the King he saith that it had not failed to have taken effect if he had not stayed and impeded the same The indictment read he first excepted against Lochinvar that he could not be assessor to the Justice in his trial in regard of the deadly enmity betwixt Gartland who had married his Ladies sister and him This exception was repelled because the propinquity alledged was only affinitas affinitatis Then he complained that the Noblemen who were sent to examine him had not kept their word having promised that whatsoever he had confessed should not be laid to his charge It was answered that the Noblemens word could not warrant him Thirdly he said that being indicted for treason he ought to have been cited upon 40. days and a delation made by some accuser which was not observed The Advocate replied that in matters of Treason the King might arrest any person upon the space it pleased him Fourthly he alledged the license granted him to depart the countrey This was found nought except he did therewith produce a respit or permission To the last point of the indictment he said that what he offered to reveal tended to his benefit if he had vouchsafed him hearing and was no matter of treason It was answered that the concealing of that might tend to the hurt of the Kings life and mothers was treason So the indictment was found relevant and the persons of the Jury called These were Colin Earl of Argile David Earl of Crawford Iohn Earl of Montrosse Iames Earl of Glencarne Hugh Earl of Eglinton Iames Earl of Arran George Earl of Marshal Alexander Lord Seaton Hugh Lord Sommervil Iames Lord Down William Lord Levingston Patrick Lord Drummond Iames Lord Ogilvy Alexander Master of Oliphant and Iohn Murray of Tillibardin They retiring themselves as the custom is and returning within a short space pronounced him guilty whereupon sentence was given that he should be taken to the Market Crosse have his head cut off and be dismembred as a traitor The last part thereof was dispensed and he in the evening beheaded His servants were permitted to take the head with the body and bury it This was the end of that Nobleman who in his life was much honoured and imployed in the chief offices of Court a man wise but said to have been too curious and to have consulted with Wizards touching the state of things in future times yet was
overthrow both with the one and the other party neither having cause to repose any confidence in him The Protestants because he had renounced the Religion wherein he was with great care brought up the Papists because they could not be assured in short space that he was truly turned to their faith Yea all men should have reason to forsake him who had thus dissembled and forsaken his God And where it was given out that divers do insinuate unto your Soveraign that his honour and reputation is so deeply interessed herein as it must necessarily turn to his perpetual ignominy and reproach if he give not some notable testimony to the world of the affection and dutiful love he bare to his mother your King being of that singular judgement that he is thought to have cannot be ignorant how farre true honour ought to possesse a Christian Prince that is not whither passion or fury useth to carry men but whether reason and wisdome have laid the bounds that is within the compasse of possibility decency and justice If the late Queen had been innocent revenge had been necessarily just and honourable but being culpable contrary in all reasonable mens judgements he hath sufficiently discharged the duty of a son in mediating for his mother so long as she was alive and so farre as he was able to prevail They which require more at his Highnesse hands may be presumed not to regard what beseemeth his place and dignity but to seek the satisfaction of their own particular passions and desires And whosoever perswadeth his Highnesse that the mediation used by him for his Mother contrary to the humble pursuit of the whole Parliament hath already given that offence to the Nobility and people of this land as it behoveth him of force to have recourse to forain supports doth greatly abuse both his Highnesse and this Realm for as they were not ignorant what nature might and ought to move his Highnesse unto so long as there was any hope of her life so they do not doubt but that reason will induce him to leave sorrowing and thinking of her in due time Thus have I troubled you with a long discourse whereunto the desire I have of the continuance of amity between the two Crowns hath carried me unawares further then I purposed all which I referre to your good consideration not doubting but you will afford most readily and willingly all good offices that shall lye in your power to the end that a happy conclusion may ensue hereof which shall tend to the common good of the whole Island and so I commit you to God From the Court at Greenwich the 4th of March 1586. Your Lordships assured Friend FRA. WALSINGHAM THis letter shewed to the King served much to allay his anger as afterwards appeared In the May after the Estates being assembled at Halirudhouse they shew a great forwardnesse all of them for assisting the revenge of his Mothers death every man offering to spend his goods and life in that quarrel yet the businesse was so timed out that summer by the private dealing of certain Counsellors as hopes were given to the Queen that matters should compose and a more peaceable course be taken It was at this time that Sir William Stewart brother to Captain Iames returned again to Court and gave his attendance upon the Master of Gray The Master then was plotting a change of Court and had conspired with the Lord Maxwel to kill the Lord Thirlstane Sir Iames Home of Coldingknowes and Mr. Robert Douglas Collector whose power with the King he greatly envied This he reveales to Sir William as one that he believed would take part in the businesse and to make him the more forward tells that it was Thirlstane the Iustice Clerk Blantyre and himself that brought in the Lords at Striveling and put his brother from Court which he repented and would help so farre as he could to recall him Sir William knowing the mans nature and that he was not to be trusted gave him some hopes of joyning with him but in the mean time related all to the King This coming to Thirlstanes knowledge he complaineth thereof in Councel and desireth a trial The Master denied that any such purpose had passed betwixt them whereupon Sir William was called and standing to that he had told the King they two fell a contesting after some bitter speeches Sir William taking him up roundly said that he deserved no credit as having abused his ambassage to England and treacherously consented to the death of the Kings Mother There had a rumour gone of a letter written by the Master to the Queen of England after his parting from that Court advising her to put the Queen of Scots out of the way and the words he had used Mortui non mordent Dead folks bite not were in every mans mouth and now the challenge being made publick the Councel moved the King to put the Master to trial and commit both the one and the other So were they both the same night sent to the Castle of Edinburgh The Lord Thirlstane and those others that were touched with the enterprise of Striveling made great instance to be cleared in that point but the King not liking to search too deeply in those businesses said That their own purgation with the Declaration of the Noblemen that came home at that time was sufficient There were present of that number the Lord Hamilton the Earls of Marre and Bothwel who upon oath declared that they had no assurance from any about the King at the time of their coming till they were received by his Majesty in favour The like purgation was made by the Lord Thirlstane the Justice Clerk and the rest and so that businesse ceased After some two or three days the Master of Gray and his accuser were brought again before the Councel where the same things that before we heard being repeated by Sir William Stewart he added further That he knew the Master to be a traffiquer against Religion and that he had written divers letters to the King of France and Duke of Guise declaring that the King was to seek their assistance in revenge of his mothers death but intreated them not to grant him any help unlesse he did grant toleration to the Catholicks for exercise of their Religion The Master being desired to answer and as he lookt for any favour to deal ingenuously and confesse the truth said That he could not deny his dealing for toleration of Catholicks and that he disliked some of the officers of State and could have wished an alteration but that â—e never had so much as a thought against his Majesties person beseeching to impute these things wherein he had offended to his youth and foolish ambition Being enquired touching the letter sent to the Queen of England he confessed That when he perceived her inclining to take the Queen of Scots life he advised her rather to take her away in some
in most serious manner all his good subjects to beware of these Iesuits traitors to their native Countrey and in their prayers to implore the mercy of God for preservation of themselves their wives and children from the conspiracy intended The Ministers of Edinburgh esteeming it their duty to make the Churches of the Countrey foreseen of the conspiracy that was detected gave notice thereof by their letters to such as were most nigh at hand desiring them to meet at Edinburgh the 8. of Ianuary for giving their advice touching these dangers and how the same might best be prevented The meeting was frequent for the report of the discovery drew many thither Mr. Robert Bruce in a short speech having related the perill wherein the Countrey and Church were brought by these practises it was thought meet by some Commissioners to entreat of his Majesty the execution of the lawes against Jesuits and their ressetters with the punishment of such as should be found guilty of the present conspiracy The King accepting graciously those that were sent unto him and giving the whole Assembly thanks for the readinesse they shewed to assist him in the prosecution of that triall wished them to consider of what importance the businesse was and not onely to give their advice for the course that should be taken but also to let him know what help they would contribute for strengthening him in his proceeding against the unnaturall Subjects His Majesties desire being reported to the Meeting their advice was that a Parliament should be indicted and the subscrivers of the blanks cited thereto and because it was not expected that they would appear so as his Majesty should be compelled to pursue them by force of Armes they did humbly offer their attendance upon his Majesties person till they should be apprehended or expulsed the Countrey as likewise to entertain a guard to his Majesty of three hundreth horsemen and an hundreth foot so long as any necessity was and till the laws of the Countrey had taken effect against the rebells providing it should not be drawn into a custome nor prejudge the liberty of the Realm in time coming The offer was thankfully accepted and a Proclamation made to meet the King at Aberdene the 20 of February for settling the North parts and for a beginning of Justice David Graham of Fintrie was arraigned and being found guilty beheaded in the publick street of Edinburgh the 16. of February Some two dayes before his execution Mr. Iohn Graham one of the Senators of the Colledge of Justice being charged because of the businesse he made in behalf of Fintrie to depart forth of the Town and keep ward in Strathern was killed as he was going to the tide at Leith There had been a question long depending betwixt Sir Iames Sanderlands and him for the lands of Halyards and by reason thereof a professed enmity amongst them and it falling out at the same time when he was going to Leith that the Duke of Lennox accompanied with Sir Iames and divers others was making towards their sport in the sands Mr. Iohn Graham apprehending that they did pursue him made a turn upon that ascent which is without the gate of the town as if he would stand there to his defence which S. Iames taking for a sort of provocation he made towards him and entering in conflict Sir Alexander Stewart a grave Gentleman servant to the Duke of Lennox was killed by the shot of a pistoll presently after M. Iohn Graham by another shot was stricken in the breast and fell to the ground they who did give him the convoy seeing him fall did all flie and the companies separating he was led to a poor Cottage near unto the place and as he lay in bed killed by the said Sir Alexander his Page in revenge of his Masters death A man he was but meanly born and descended of that unhappy race which had an hand in the murther of King Iames the first a long time he served as Deputy to the Earl of Argile in the Justice Courts and after his death waited on Captain Iames Stewart by whose means he was preferred to be one of the Senatours of the Colledge of Justice in the place of Mr. Robert Pont of a quick wit and a good and ready utterance but was excessively proud covetous and unhonest in his dealings as appeared in suborning of the Notary of whom we spake and the fraud which he used to Mr. Andrew Polwart subdean of Glasgow a man of great learning who being forced to fly into England in the year 1584. with the other Ministers that took their refuge thither had intrusted him with his living and rent upon assurance to be repossessed when the time should change yet being returned and having obtained his peace could he never bring him to fulfill his promise whereupon after a long plea at law not finding an outgate the honest man conceived a displeasure and died The Earl of Angus the same day that he was killed made an escape out of the Castle of Edinburgh by the connivence of the keepers and flying to the North joyned with Huntley and Arroll They upon the report of the Kings coming to Aberdene left their houses and betook themselves to the mountains sending their Ladies to intercede for them and make offer of the keyes of their houses which they had been charged to render The King receiving the Ladies courteously told them that if their husbands would enter and abide triall they should receive no wrong otherwise the crime laid to their charge did so highly touch the Estate as he could not stay the course of Justice In the mean time for preserving the Countrey in peace the Earl of Atholl was made Lieutenant within the bounds of Elgin Forres Narne Innernesse and Cromartie and the like Commission given to the Earl of Marshall of the Sherifdoms of Kincardin Bamffe and Aberdene This done the King returned to Edinburgh where the Lord Burgh did meet him He was sent from the Queen of England to congratulate the discoveries of these treacherous practices and make offer of her assistance in pursuing and punishing those that should trie culpable wherein she wished him to doe as a King ought in such a case and if he could not apprehend their persons to confiscate their lands and rents whereby he should undoe them and better the Estate of his Crown And seeing the cause was common and touched all Princes professing the same Religion she desired to be certified what his resolution was that she might assure other Princes her confederates of the course taken in both their dominions for resisting the attempts of Spain The King thanking the Queen for her friendly offer and advice said That he knew Sir Robert Bowes her resident Ambassadour had advertised her of the whole particulars and of the blanks and letters intercepted that he had made a beginning and was fully resolved to prosecute the
that troublesome time so powerfull was the combination of parties But that which by the ordinary way of Justice could not as then be required we have since visibly punished in the fall and ruine of those Families for a lesson to all men to fly and abhorre the shedding of innocent blood The year preceding the King had directed as we shewed Sir Richard Cockborn of Clerkington his Secretary to England and amongst other instructions willed him to urge the payment of the moneys which the Lord Souch and Mr. Bowes the Queens Ambassadours had often promised Wherein finding nothing but delayes and his necessities dayly growing he resolved to look to his own estate at home and order his revenues to the best profit For this effect he made choice of eight persons to rule the affairs of the Exchequer These were Alexander Lord Urqhart President of the Colledge of Justice Walter Commendator of Blantry Lord Privie Seal Mr. David Carnegy of Colluthy Mr. Iohn Lindersey Parson of Menmure and Iames Elphingston of Ennernathie Mr. Thomas Hamilton of Dummany Mr. Iohn Sken Clerk of Register all Senators of the Colledge of Justice and Mr. Peter Young of Seaton his Elemosynar To these eight or any five of them was intrusted the full and free administration of the whole Rents and Duties pertaining to the Offices of Controllery and Collectory resigned and committed by the four Officers in his Majesties hands with power to deprive and discharge all inferiour Chamberlains Under-collectors Customers Secretaries Intrometters whatsoever with any of the said Rents all inferiour Clerks of the said Offices and to appoint new Clerks Receivers and Intrometters with the same excepting onely the Office of the Clerk of Register his fees priviledges and other commodities belonging to him or any of his Predecessours to hear and exact account of Steward Sheriffs Bayliffs Provosts of Burghs Customes Clerks of Cockquet Searchers Chamberlains Receivers Factours and Intrometters with the Farmes Males Profits and Duties Caves Customes Fishings Cole-houses Parks Steadings Orchards and other Rents of the propertie annexed of old and of new or unannexed and belonging any way to the Patrimony of the Crown as also to hear the unmade accounts of the Treasurer and his Deputies the Generall and Warden of the Coin and Taskmen and labourers of the Mines and Metalls the Collectours of the Taxation the Master of the Wardrobe Jewels and moveables the Master of the work the munition and plenishing of Castles the Monks portions the payment of the Guard and men of Warre the rents of Colledges Hospitalls Schools and Students the common good of Burghs the Dowry of whole moneys appertaining to the King as well within the Realm as coming from other parts and to allow or refuse allowance thereof as they should find meet with power likewise to appoint and set Fines and Penalties for offences to make and set down the prices of Wines Victualls and Corns yearly to put an order to his Majesties house and Esquiery and stable and make provision therefore to repair the decayed Customes appoint the Order of uplifting the same and to rowpe and set them to the best profit to consider the state of the present Coin and therein direct what they should think requisite to assist the Treasurer and the Compositors in the expeding of signators and that without advice nothing should passe to examine the diligence of Sheriffs and other inferiour Judges with their Officers and negligence to correct and punish the faults of Officers of Arms to compone transact or uplift the escheats of persons denounced to the horn and generally to do and perform all things proper to the Exchequer they enoying such places in Councell and Parliament as the Officers thereof had in former times with all the power priviledges honours and immunities that belonged thereto either by Acts of Parliament or by consuetude of the Realm The King did further promise in verbo principis not to joyn any more to the present Commission at any time hereafter and in case a place fell void by decease of any of the present Commissioners to receive and admit none but by advice and consent of those that remained alive as also not to signe any letter or signatour concerning the disposition of any of the rents of property collectory or new augmentations confirmatives or ratifications of any former gifts dispositions pensions or infestments or licenses for transporting of forbidden goods unlesse the same were first heard allowed and subscribed by the said Lords or any five of them sitting in Councell by way of Action Exception or Reply notwithstanding the Seals were appended thereto The keeper whereof were discharged to append any signet or seal except the letters or signatures were subscribed in manner above rehearsed under the pain of losing their offices Moreover it was declared that the said Lords should have power to direct letters of horning poynding and caption upon their own acts and decretes and that no suspension of any charges for ingathering any part of the Patrimony should pass except in Exchequer or Session three of the said Lords subscribing the same The Lords again made faith That the next unto God and good Conscience they should in all things respect his Majesties weal honour and advancement of his revenue and neither for tenderness of blood commodity to themselves awe or fear of any person consent to the disposition of any part of the patrimony whereby his Majesties profits might be diminished and that they should not give their consents severally but being assembled at least five of them in Exchequer under protestation that the accepting of the said Commission should not be a reason of declining them in Action that concerned his Majesty seeing they did neither receive fee nor were intrometters with any part of the rents but only directed the receivers and collectors of the same This Commission approved by the Lords of Councell was published at the market Cross of Edinburgh the 12 of Ianuary 1595. diverse excepting at the ampleness of it and saying That the King had left nothing to himself but the naked title of a King and put all his power and means in the hands of others so as subjects were to expect no benefit nor reward from him The Courtiers they especially of the bed-chamber did grudge exceedingly that all occasion to do good to themselves or their friends was this way cut off Nor was it long before these Commissioners became extremely disliked partly for their strict dealing with the subjects and partly for drawing all the offices into their own hands Beginning was made at M. David Magill Advocate whom they pressed to dimit and resigne his office by reason of his age and imbecillitie as they pretended and when by no perswasion he could be moved unto it they did associate with him in office M. Thomas Hamilton one of their own number which bred him such a grief as shortly after he ended his days Next they fell upon the
his first assault upon Birsay expulsing Bernard Stewart The Keeper and placing a Garrison therein of some thirty persons The Deputy hearing what was done went speedily thither charging them in his Majesties name to render but they despising the charge and he not able to force them he went from thence to Kirkwall the Rebels following at his heels compelled him in like sort to render the Castle of Kirkwall in which he had entred Upon report of this Rebellion Commission was given to the Earl of Cathnes as Lieutenant for the King in those bounds to recover the Castles and pacifie the Countrey which he carefully performed At his first landing a company of people to the number of five hundred who were brought together more out of fear of the Rebels then of any desire to withstand made a countenance to resist but how soon they perceived the Earls resolution to pursue they gave back their leaders flying to the Castle which they meant to defend This they made good some five weeks or more till the Canon having beaten down a great part of the walls they were forced to yeild themselves at discretion The persons taken in the Castle were Robert Stewart the Earl's base son Archibald Murray Andrew Martin Alexander Legat and Thomas King servants to the Earl These were all transported to Edinburgh and being convicted by a Jury were hanged on a gibbet at the Mercat-crosse In this siege the Lieutenant lost four men only namely William Irwin son to William Irwin of Saba Iames Richardson Andrew Adamson and William Robinson who were killed all by shots from the Castle many were wounded and hurt but thereof recovered Towards the end of the year Mr. David Lindesay Bishop of Rosse departed this life in a great age having attained to fourscore two or three years a man nobly descended and a Brother of the house of Edzell Soon after the Reformation returning from his travells abroad he applied himself to the function of the Ministery and entring the charge at Leth continued therein to his death of a peaceable nature and greatly favoured of the King to whom he performed divers good services especially in the troubles he had with the Church a man universally beloved and well esteemed of by all wise men His corps were interred at Leth by his own direction as desiring to rest with that people on whom he had taken great pains in his life The Earl of Orkney being brought the October preceding from Dumbarton to Edinburgh was in February next put to triall where together with the Justice there sate as Assessors the Earl of Dunfermlin Chancellor the Lord Bining Secretary the President Sir Iohn Preston Sir Gideon Murray Thesaurer Deputy Sir Richard Cockburne of Clackinton Lord privy Seal Sir Iohn Cockburne of Ormeston Justice Clerk Sir Alexander Hay Clerk Register Sir William Levingston of Kilsith and Sir Alexander Drummond of Medop Senators of the Colledge of Justice The substance of the Indictment was That he had caused his base son to surprise the Castle of Kirkwall with the steeple of the Church the place called the Yards and house of Birsay that he had incited the people to Rebellion and detained the said Castles and Houses treasonably after he was charged to deliver the same His Prolocutors were Mr. Alexander King Mr. Thomas Nicolson and Mr. Alexander Forbes Lawyers all of good esteem the chief defence they used was a deniall of the libell the Advocate producing the confession of his base son and those that were executed with him together with some missive Letters written by one Iohn Sharpe at his direction for the detaining of the Castle of Kirkwall and a Charter of certain lands gifted by him to Pat Halcro for assisting the Rebels the Justice remitted the verity of the Indictment to the Assise The persons chosen thereupon was Iames Earl of Glencarn George Earl of Winton Iohn Earl of Perth Robert Earl of Lothian William Earl of Tillibarden David Lord Scone William Lord Sanqhar Iohn Lord Harries Iames Lord Torphichen Hugh Lord Semple William Lord Killmaers Iohn Grant of Frenchâ—e Sir Patrick Hepburne of Waughton Robert Arnot of Farny and Sir Henry Lindesay of Kinfawnes who sworn and received according to the custome went apart by themselves for a certain space and returning unto the Court by the mouth of their Chancellor the Earl of Glencarne declared him guilty of the foresaid Rebellion and of the whole points contained in the Indictment The Justice thereupon gave sentence that he should be taken to the Mercat crosse and there beheaded and all his goods and lands confiscated The Earl taking the sentence impatiently some Preachers were desired to conferre with him and to dispose his minde towards death but they finding him irresolute intreated for a delay of the execution which was granted to the sixth of February at which time he was brought unto the scaffold guarded by the Magistrates of the City and in the sight of many people beheaded This was the end of Patrick Earl of Orkney son to Robert Stewart one of King Iames the fifth his base sons Robert was at first provided to the Abbacy of Halirâ—dhouse which he enjoyed divers years After the forfeiture of Hepburne Earl Bothwell and the obtaining of these Isles he exchanged the Abbacy with the Bishoprick of Orkney and so became sole Lord of the Countrey Patrick succeeding to an elder brother who died young by his too much resort to Court and profuse spending did involve himself in great debts and seeking to repair his estate by the indirect courses he touched fell into these incoveniencies which you have heard and may serve for a warning to all great personages not to oppresse nor play the Tyrants over the meaner sort of people About the end of the year Iohn Ogilvy a Jesuite was apprehended at Glasgow He was lately come from Grats where the Jesuits have a Colledge by the command as he said of his superiours to doe some service in these parts Theâ—e were found with him three little books containing certain directions for receiving confessions a warrant to dispense with them that possest any Church livings conceived in this form Quoad dispensationem de bonis Ecclesiasticis poter is dispensare ut rctimeant que possident dummodo in usus pios aliquid impendant pro judicio confessarii dispeâ—santis with some Reliques and a tuâ—t of S. Ignatius hair the founder of their Order which he seemed to have in great regard Upon advertisement given to his Majesty a Commission was sent to the Secretary the Lord Kilsith the Thesaurer Deputy and Advocate for his examination and triall Being presented before them and enquired when he came into Scotland what his business was and where he had resorted To the first he answered That he came in the June preccding to the second that his errand was to save souls but to the third he denied to give any answer at all saying