inhabitants of the Burgh excepted to depart forth of the town of Edinburgh within six houres after the charge as likewise all that were of their society to forsake them and live obedient to the authority except they would be reputed and holden traytours to the Crown c. Together with this Proclamation rumors were dispersed that the Lords of the Congregation had conspired to deprive the Queen Regent of her authority and to disinherit the Duke of Chattelerault and his heirs of their succession and title to the Crown These rumours were believed of divers and prevailed so farre as many that assisted the Congregation began to shrink and fall away in regard whereof it was thought needful they should clear themselves both by their letters to the Queen and open Proclamation to the people which they did in manner following First in the letters directed to the Queen they said That they had notice given them of a Proclamation lately made wherein they were traduced as usurpers of their Soveraigns authority and invaders of her person who in absence of their Soveraigns governed the Realm which they esteemed to proceed of a sinistrous information made by their enemies and was an imputation most false and odious their intentions being no other but to abolish idolatry and superstitious abuses that did not agree with the word of God and maintain the true Preachers thereof from the violence of wicked men They did therefore beseech her to use her authority to that effect and for other matters she should find them as obedient as any subjects within the Realm whereof they promised to give testimony and assurance so as they might have safe accesse to her Highnesse This was the substance of the letter which was sent by the Lords Ruthven and Ochilâ—rie unto her In the Proclamation they did call God to witnesse That such crimes as they were charged with never entered into their hearts and that their only intention was to banish idolatry and advance true Religion and defend the Pre achers thereof promising to continue in all duty towards their Soveraign and her mother their Regent provided they might enjoy the liberty of their consciences As to the intromission with the Irons of the Minthouse they said That they being born Counsellors of the Realm and sworne to procure the prosit thereof when they understood the subjects to be greatly hurt by the basenesse of the money which increased the dearth of all necessary wares they could do no lesse of their duties then stay the coyning of more lay money untill the Nobility and Councel had taken surther deliberation therein And where it was given out that they had spoiled the Minthouse of great summes in that point they did remit themselves to the Declaration of Mr. Robert Richardson Master of the Mint in whose hands they delivered all the gold and silver both coined and uncoined which there was found c. For the Intelligence with England nothing was replied whereby it seemed there was some dealing that way for expelling the French men which they did not deny and thought not convenient as then openly to professe The Queen taking hold of the last words of the letter sent unto her self and desiring to know what they would say as likewise trusting to gain somewhat by conference with them did offer a safe conduct to any they pleased whereupon the Lairds of Pittarrow and Cunningham-head were sent in name of the Congregation to declare that their intent and purpose was no other but that they might enjoy the liberty of their consciences and unable Ministers by removed from all Ecclesiastical administration Christ Jesus might be truly preached and his holy Sacraments rightly administred and that their Preachers might be licenced to do their offices without molestation untill such time as by a general Councel lawfully convened or by a Parliament within the Realm the controversies of Religion should be decided which things being granted they did faithfully promise in all other things dutiful obedience Onely to be assured of sincere dealing they desired that the French companies which were to the countrey a burthen and fearful to them might be sent home to their native countrey These Propositions were not pleasing yet made she no shew of any dislike but using gracious words said That if she could be assured of their honest and dutiful meaning to her daughter and her self their demands seemed not unreasonable But she longed to speak with some of their number who were of greater authority meaning as afterwards she uttered that her desire was the Earl of Argyle and Lord Iames should come unto her for when she saw the Lord Ruthven and Ochilâ—rie returned not unto her with the Laird of Pittarrow she fell a complaining that she was not sought in a courteous manner and that they in whom she put her most confidence had left her in her greatest need In end she said That she could not be satisfied till she spake with the Earl of Argyle and Lord James for still she suspected there was some higher purpose amongst them then religion This reported to the Lords they would not by any means condescend that these Noblemen should go unto her doubting some practice against them for she was heard say That if the means could be found out to divide these two from the rest she was sure to prevaile one likewise of her chiefe attendants was said to have bragged that before Michaelmas next both these Noblemen should lose their heads This not succeeding it was agreed that the Duke the Earl of Huntly the Lords Erskin and Summervaile with the Abbot of Kilwining and Justice Clerk should meet for the Queen with such as the Congregation did appoint for treating of the best means to settle a constant and solid peace and for the part of the Congregation were named the Earles of Argyle and Glencarne the Lord Ruthven Boyd and Ochiltrie the Lord Iames the Lairds of Dun and Pittarrow These meeting at Preston to the number of an hundred on each side as was appointed conferred together a whole day but without any conclusion for the Queen seeming to yield unto the free exercise of Religion would have it provided that in what place she happened to come the Ministers should cease from preaching and the Masse only be used The Lords answered That this were to leave them no Church for when the Queen pleased she might change the place of her residence and so there could not be any certain exercise of Religion which were all alike as to overthrow it In these termes they parted that night yet the Lords named for the Congregation unwilling to break off the conference said they would think more of the businesse and advertise what would be yeelded unto After some deliberation the Lord Ruthven and Pittarrow were remitted with this answer That as they could not impede her to use what exercise of Religion she pleased so could they not agree that
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
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
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
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
had valiantly defended themselves and their liberties against the Romanes Picts Britains Danes Norishes and all others who sought to usurp upon them and howbeit said he the present occasion hath bred some distraction of mindes all true hearted Scotch men will stand for the liberty of their countrey to the death for they esteem their liberty more precious then their lives and in that quarrel will neither separate nor divide wherefore as he had professed in way of friendship and as an Arbiter elected by themselves to cognosce and decide the present controversie they were all in most humble manner to intreat him that he would proceed to determine the question which they and their posterities should remember with their best affections and services King Edward although he was not well pleased with the Bishops free speech made no speech thereof at the time but continuing his purpose desired the competitors to be called They all being severally heard the right was found to lie chiefly betwixt Iohn Baliol and Robert Bruce and the rest ordained to cease from their claime Of Baliol and Bruce an oath was taken that they should abide by the sentence which King Edward should pronounce The like oath was taken by the Prelates Nobles and other Commissioners of the State who swear all to accept him for their King that should be tried to have the best right and for the greater assurance all their Seales were appended to the Compromise Then Edward proceeding made twelve of either kingdome men learned in the Law to be elected for examination of the right declaring that he would take the opinions also of the best Civilians in the Universities of France In this sort was the businesse carried in publick but privately and amongst some few the consultation was how to bring Scotland under his subjection Five years and some more were spent before the controversie was brought to an end at last every one longing to have it concluded the King returned to Berwick and calling the 24. who had been named at the first meeting he did enclose them within the Church commanding them to debate the matter and permitting none to have accesse unto them he himself went in now and then to feel their mindes and perceiving the most part inclining to Bruce his right he dealt first with him promising to invest him in the kingdom so as he would hold the same of the Crown of England Bruce answered that he was not so desirous of rule as he would therefore prejudice the liberties of the countrey The like offer he made to Baliol who being more greedy of a kingdome then careful of his honour did yield thereunto and so was Crowned King at Scone all the Nobility Bruce excepted doing him homage Some dayes after his Coronation he went to Newcastle to do the homage as he had promised to King Edward as unto his Soveraigne Lord. The Nobles that accompanied him thither fearing to withstand the two Kings so farre from home did likewise swear subjection to King Edward Which as soon as the rest of the Nobility and others of the State who were tender of their countreys liberty understood they grew highly displeased they that were in Baliols company were excused as not daring oppose the fact in that place but he himself having done it upon a secret paction which then began first to break out he became so universally hated as after that time could he never purchase their love nor was it long before he felt the smart of his own error For being cited to answer before the Parliament of England upon a complaint exhibited against him he appeared and having desired to answer by Procurator the same was denied him and he forced to descend to the ordinary place of pleading and stand as a subject This affront did so vexe his minde that from thenceforth he did meditate upon nothing but revenge whereof a good opportunity was offered him by the warre which then burst forth between France and England The Ambassadours of both these Kings coming at one time into Scotland the French to seek the renuing of the ancient League and the English to crave a supply of men to be sent unto King Edward by vertue of the late allegiance sworne by Baliol the desire of England was utterly rejected as unjust Because the allegiance sworne by their King was as they said forced and granting he had done it willingly it was not in his power without consent of the State to do any such act Therefore whatsoever was done by him that way both he and they did recall renouncing Edwards friendship both for that and other wrongs committed by him Thereupon it was concluded that two Ambassadours should be sent one to France for renuing the League and confirming it by new alliance of Edward Baliol the Kings son with the daughter of France another to England for defying King Edward and renouncing his allegiance Towards France William Bishop of S. Andrewes Matthew Bishop of Dunkeld Sir Iohn Sowlis and Sir Ingram Umphraville Knights were imployed The Ambassadour to England being declined by many Henry Abbot of Aberbrothock a man of great stomach undertook and performed Upon this defection of Baliol King Edward summoned him to appear at Newcastle and upon his refuse entered into Scotland with a mighty Army took Berwick with the slaughter of 7000. Scots and had delivered into his hands the Castles of Dumbar Roxburgh Edinburgh and Striveling Baliol thus overthrown was again by the perswasion of Iohn Cumin of Strathbogy brought to submit himself and swear fealty of new to King Edward After which the Parliament of Scotland was called to meet at Berwick there did all the Nobility that were present perform homage to the King of England William Douglas a man nobly born and of great courage onely refused and was therefore cast in prison where he died This done King Edward turned home leaving Iohn Warren Earl of Surrey and Sussex Governour of the kingdome Hugh Cressingham Treasurer and Ormsley chief Justice The Bishop of S. Andrewes who was lately come from France not enduring to see the countrey so thralled returned thither appointing Mr. William Knigorne and Peter de Campaigne his Chaplains to supply his absence in all spiritual affaires Robert Bishop of Glasgow and Maurice Bishop of Isles were taken and sent prisoers to London The rest of the Churchmen though permitted to attend their Cures were held under miserable bondage whereupon they secretly dispatched a message to the Pope with William Archdeacon of Lothian Baldred Bisset and William Egishame willing them to lament the oppressions of the Church and the usurpation made upon the countrey and so intreat him as the universal Father of Christendome to use his authority with the King of England ever whom he had power and take the matter to his own hearing unto whose judgement they would simply submit themselves Pope Boniface the eighth
before they did shew themselves manifest contemners of the Authority by surprising Townes and making bonds both amongst themselves and with the ancient enemies of the Kingdome and to omit other things Could they think it lawful to them to keep an Army at Edinburgh for pursuing her who was their Regent and her Councel and that it should not be lawful to her to entertain a few companies at Leth for her own safety Belike they would have her to flee from place to place as hitherto she hath done declining their fury In their whole letters was there a word sounding to obedience any overture of peace or so much as an intimation of willingnesse in them to have debates composed and all things reduced to their former estate They might cover it as they pleased with the pretexts of the Commonwealth and their care of the good and quiet thereof but nothing lesse was meaned by them For if they desired peace she hath often shewed the way unto it Neither could they be ignorant that the French souldiers would long before that time have been recalled by the command of their King if they themselves had not been a let and hinderance thereto Further he was required to say that if as yet they would live obedient to their Soveraigns she for her own part would refuse no meanes of concord nor should she omit any thing that made for the good of the Commonwealth Neither was this her mind alone but the mind likewise of their Soveraigns who had sent two chief men one of the Church estate and the other an honourable Knight to signifie so much unto them whom they so farre despised as they would not vouchsafe them either answer or audience Lastly the said Herald as he was enjoined did charge the Duke the Noblemen and others their assisters and partakers to depart forth of the Town of Edinburgh and dissolve their forces under the pain of lese Majestie The Herald having in this sort delivered his credit the Lords convened in Councell with a number of Barons and Burgesses whom they called to assist In this meeting the Lord Ruthven presiding declared how the Queen had refused their Petitions and that there was no expectation of the yeelding up the Town of Leth or dimitting the French companies by a peaceable treaty so as now they were to think of the next course The reverence of authority which as yet was in the person of Queen Regent deterred many at first from uttering their mindes yet after some short silence they began to speak of discharging the Queen of her Regencie The motion seemed dangerous to some as wanting example at least for a long time The like they said had been sometimes done but it was alwayes carried under the shew of authority they in whose hands the King was at that time taking upon them in his name to suspend the present Government But that the Nobility and Estates without and against the Princes consent should assume that power to themselves was never heard and would be thought strange Others held that she being a Regent only might very well be prohibited to use the name of the King and Queen for authorising of her proceedings especially when they were known to be hurtful and pernicious to the whole Kingdomes In this variation of judgements it was thought meet to take the opinion of the Preachers and to that effect Mr. Iohn Willock and Iohn Knox being called they delivered their mindes one after another in this sort Mr. Iohn Willock first speaking said That albeit Magistracie be Gods Ordinance and that they who bear rule have their authority from him yet their power is not so largely extended but that the same is bounded and limited by God in his word And albeit God had appointed Magistrates his Lieutenants on earth honouring them with his own title and calling them Gods yet did he never so establish any but for just causes they might be deprived for even as subjects said he are commanded to obey their Magistrates so Magistrates have direction given them for their behaviour towards those they rule and God in his word hath defined the duties both of the one and the other In deposing Princes and those that have borne authority God did not alwayes use his immediate power but sometimes he used other means such as in his wisdome he thought good As by Asa he removed Maacha his own Mother from the honour and authority which before she did exerce By Jehu he destroyed Joram and the whole posterity of Achab and by divers others he deposed from the Government those whom he established before by his own word Of these ensamples he inferred That since Queen Regent had denied her chief duty to the subjects of the Realme which was to minister Iustice indifferently to preserve them from the invasion of strangers and to suffer the word of God to be freely preached seeing also she was a maintainer of superstition and despised the counsell of the Nobility he did think they might justly deprive her from all regiment and authority over them Iohn Knox being next desired to speak after he had approved all which his brother had said did adde this more That the iniquity of the Queen Regent ought not to withdraw their hearts from the obedience due to their Soveraigns nor did he wish any such sentence to be pronounced against her but that when she should change her course and submit her self to good counsel there should be place left unto her of regresse to the same honours from which for just causes she ought now to be deprived It had been a better and wiser part in these Preachers to have excused themselves from giving any opinion in these matters for they might be sure to have it cast in their teeth to the scandal of their profession Neither was the opinion they gave sound in it self not had it any warrant in the word of God for howbeit the power of the Magistrates be limited and their office prescribed by God and that they may likewise fall into great offences yet it is no where permitted to subjects to call their Princes in question or to make insurrections against them God having reserved the punishment of Princes to himself And for the ensamples they alleadged they are nothing to the purpose for Asa was King of Iudah and in possession of the Crown and Maacha though in nature his Mother was by condition his subject and might lawfully be discharged from the authority which by his favour she enjoyed after she fell to the erecting and worshipping of Idols As to the ensample of Iehu it is nothing better seeing what he did was by Gods expresse Commandment who giveth and taketh away Kingdomes as he pleaseth but no man hath this power and they that presume otherwise go expresly against the Commandment of God and the duty of Christian profession Alwayes the Lords and others then assembled as having now their determination
Majesty should stay made choice of the Castle of Edinburgh as the part most commodious and ordained the Earl of Arrane who was there kept prisoner to be removed to the Castle of Hamilton with a liberty to travel by the space of two miles about providing he should do nothing to the prejudice of his house and enter himself unto 20. days warning in the Castles of Edinburgh Dumbar and Dumbarton or any of them for observance whereof the Earls of Murray and Glencarn became sureties The Queen at her first entrie into the Castle did feast the Nobility and made them all friends Argyle Murray and Athol had lodgings assigned them within the Castle Huntley Bothwel and others of the Nobility remained in the Town The 19. of Iune betwixt nine and ten of the clock in the evening she was brought to bed of a son to the exceeding joy of the subjects for which the Nobles and whole people assembled the next day in the Church of S. Giles gave solemn thanks to God Presently was Sir Iames Melvil sent to carry the newes to the Queen of England who to congratulate her safe and happy delivery sent Sir Henry Killigrew to Scotland by Post. The Assembly of the Church convened the same time in Edinburgh sent the Superintendent of Lothian to testify their gladnesse for the Princes birth and to desire that he should be baptized according to the form used in the reformed Church To this last she gave no answer otherwise the Superintendent and his Commission were very graciously accepted The Queen calling to bring the Infant that the Superintendent might see him he took him in his Armes and falling upon his knees conceived a short and pithy prayer which was very attentively heard by her having closed his prayer he took the babe and willed him to say Amen for himself which she took in so good part as continually afterwards she called the Superintendent her Amen This story told to the Prince when he came to years of understanding he alwayes called him his Amen and whilest he lived did respect and reverence him as his Spiritual Father The Queen waxing strong went by water to Alloway a house pertaining to the Earl of Marre and kept private a few dayes In that place brake out first her displeasure against the King her husband for the following her thither was not suffered to stay but commanded to be gone and when at any time after he came to Court his company was so loathsome unto her as all men perceived she had no pleasure nor content in it such a deep indignation had possessed her mind because of the disgrace offered to her in the slaughter of her servant Davie the envy whereof was all laid upon the King as she could never digest it Secretary Lethington who by his subtle flatteries was crept again into favour did wickedly foster this passion by putting in her head a possibility to divorce from the King which he said was an easie work and a thing that might be done only by abstracting the Popes dispensation of their marriage And the Earl Bothwel a man sold to all wickednes did likewise by himself and by his instruments of whom Sir Iames Balfour was the chief take all occasions to incense her and by exaggerating the Kings ingratitude towards her wrought her mind to an hatred implacable In the beginning of October the Queen went to Iedburgh to keep some Justice Courts where she fell dangerously sick the King coming there to visit her had no countenance given him and was forced to depart At her return from the Borders being in Craigmillar Lethington renuing the purpose of divorce in the hearing of the Earls of Argyle and Huntley did perswade her to take some course for her separation from the King seeing they could not live together in Scotland with security The Queen asking him how that could be done without some blemish to her honour he replied that none would think ill of her part therein she being so ungratefully used by him but that all might know the murther of Davie to have been his fact her Majesty should do well to pardon the Lords that were fled to England and call them home Nay said the Queen I will rather have matters to continue as they are till God remedie them Yet within few days Morton and Lindesay were recalled at the intreaty of the Earls of Argyle and Huntley as was touched before Preparation was then making for the Baptisme of the Prince who about the end of August had been transported to Striveling To honour this solemnity the Counte de Briance was sent Ambassadour from the French King Monsieur de Croke from the Duke of Savey and the Earl of Bedford from the Queen of England who brought with him a Font of gold weighing two stone weight with a Bason and Ewer for the Baptisme At the day appointed for the solemnity which was the fifteenth of December they all convened in the Castle of Striveling The Prince was carried by the French Ambassadour walking betwixt two ranks of Barons and Gentlemen that stood in the way from the Chamber to the Chappel holding every one a proket of wax in their hands The Earl of Athol went next to the French Ambassador bearing the grear fierge of wax The Earl of Eglington carried the Salt the Lord Semple the Cude and the Lord Ross the Bason and Ewer all these were of the Romane profession In the entry of the Chappel the Prince was received by the Archbishop of S. Andrews whose Collaterals were the Bishops of Dunkeld Dumblane and Ross there followed them the Prior of Whithern sundry Deans and Archdeans with the Gentlemen of the Chappel in their several habits and Copes The Countesse of Argyle by Commission from the Queen of England did hold up the Prince at the Font where the Archbishop did administer the Baptisme with all ceremonies accustomed in the Romane Church the spittle excepted which the Queen did inhibit The Earl of Bedford entered not in the Chappel during the service and without the dores stood all the Noblemen professors of the reformed Religion The rites performed the Prince was proclaimed by his name and Titles Iames Prince and Stewart of Scotland Duke of Rothesay Earl of Carrick Lord of the Isles and Baron of Renfrew then did the Musick begin which having continued a good space the Prince was again conveighed to his chamber It was night before the solemnity took end for it was done in the afternoon The feasting and triumphal sports that followed were kept some days with exceeding cost and magnificence yet the content the people received thereby was nothing so great as their offence for the Kings neglect for neither was he admitted to be present at the Baptisme nor suffered to come unto the feast To some his ill disposition was given for an excuse others more scornfully were told that his fashioners had not used the diligence they ought
Forbes Mr. Nathaniel English Mr. Charles Farum Mr. Iames Irwyn Mr. Iohn Sharp Mr. Robert Dury Mr. Iohn Rosse and Mr. Robert Youngson The last of these was one that had acknowledged his offence and craved pardon yet at this Diet compeired with these others professing That he was troubled in conscience for the confession he had made and that he would now take part with the brethren who stood to the defence of the good cause as he termed it The Councell repelling the Declinatour declared the Assembly to have been unlawfull and those that met in the same contrary to his Majesties command punishable But because they had added to their former fault the crime of Treason it was thought meet to deferre the Censure till the King should be acquainted therewith and his pleasure known No sooner was his Majesty advertised of the Declinatour then direction was sent to the Councell for proceeding against them according to the laws whereupon the six that were imprisoned in Blacknesse that is to say Mr. Iohn Forbes Mr. Iohn Welch Mr. Andrew Duncan Mr. Iohn Sharp Mr. Robert Dury and Mr. Alexander Straghan were upon the tenth of Ianuary thereafter brought to the Town of Linlithgow and presented upon Pannell before the Justice who was assisted by a number of Noblemen and others of the Privie Councell The Indictment made which was grounded upon the Statute of Parliament holden in May 1584. touching his Majesties Royall Power over all Estates and the presumptuous fact committed by them in declining the judgment of the Councel Certain of their brethren did supplicate the Justice for licence to conferre with them apart that they might perswade them to an humble submission and acknowledgment of their offence This obtained they were most earnestly dealt with as well by their Brethren as by the Advocates that came to plead for them to relinquish their wilfulness and not to exasperate the King by standing to the defence of their Declinatour but no perswasions could avail So returning to the Barre they were desired to answer and shew a reason if any they had why the matter should not passe the triall of a Jury The Advocates that stayed with them for the two principalls refused to plead because of their obstinacy excepting against the Indictment said that the Statute 1592. Whereby it was declared That the Act made against declining of the Councells judgment should not derogate any thing from the priviledges which God had given to the spirituall office-bearers in the Church concerning heads of Religion in matters of heresie collation and deprivation of Ministers or any such essentiall censures having warrant of the word of God and that thereupon inferred that their meeting at the time libelled in Aberdene being an essentiall censure warranted by Gods word they might lawfully have declined the Councells judgment from taking cognition therein It was answered by his Majesties Advocate That the exception was naught because the keeping of an Assembly at a certain time and place and the appointing of another contrary to his Majesties direction and the charge of the Councell was neither a head of Religion nor matter of heresie nor excommunication nor an essentiall censure and so being no waies comprehended under that limitation their declining of the Councell when as they were called to answer for the keeping of that Conventicle in the Town of Aberdene must of necessity come under the generality of the Statâ—te 1584 and bring them under the punishment of Treason The matter after some dispute being put to triall of an Assise all the six were found guilty of Treason and returned to their severall prisons till his Majesties pleasure concerning their punishment should be certified what this was in the story of the next year shall be declared Mean while a Proclamation went out discharging all the subjects of what rank place calling function or condition soever either in publick or private to call in question his Majesties authority Royall or the lawfulness of the proceeding against the said Ministers or to make any other construction of the Statute concerning the declining of his Majesties and the Councells judgment then made in that decision of the Justice with certification of those that contravened that they should be called and severely punished as seditious persons and wilfull contemners of his Majesties most just and lawfull government Before these stirres in the Church a Convention of the Estates was kept the sixth of Iune at Edinburgh where a Letter was presented by his Majesty to the Estates full of affection The Letter was to this effect That his Majesties love being nothing diminished through his absence towards that his native and antient Kingdome he did wish them to contend in a laudable emulation who should live most vertuously and be most obedient to the laws That the Nobility should give assistance to the execution of justice and be in all things a good ensample to their inferiours The Barons should set themselves to procure the good of the Kingdome And the Burgesses apply their mindes to the increase of trade especially the trade of fishing which had been long neglected and to the working of cloth that had made their neighbour Countrey so famous To them all be recommended the rooting forth of barbarity the planting of Colonies in the Isles and peopling the same with civil and industrious persons assuring them that they so behaving themselves their liberty should be as dear to him as either his life or estate This was the substance of the Letter which the Chancellour having resumed and thereunto added many perswasions for the following of those wholsome and profitable counsells the Estates did expresse a great forwardness that way and after a long deliberation condescended upon divers good Acts which if they had been all carefully put in practise as they were wisely devised the Kingdome had long before this time tried the benefit thereof Amongst other directions the removing of the barbarous fewds was recommended to the Councell whereof they were desired to make a Roll and urge the parties to reconcile and if they refused then to assure them to the peace and commit them to ward till the same was secured And whereas the custome had been to cause parties assure one another the King did prohibit the same as a thing dishonourable and arguing too great presumption in the subject seeing the Law should be to every man a sufficient assurance The Councell reverencing his Majesties direction did ordain that course from thenceforth to be observed and all assurances to be taken for the peace thereafter and not of one party to another Beginning being made with the Lord Maxwell and the Lord of Iohnston they were moved to joyn hands and reconcile in presence of the Councell This Summer the enterprise of the Lewes was again set on foot by Robert Lummisdale of Ardrie and Sir George Hay of Netherliffe to whom some of the first undertakers had made over