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
and for this Sir William proponed that he should stand between the companies and upon a sign to be given by him both should turn at one instant The Earl of Morton accepted the condition lest he should offend the Gentleman who had taken such pains amongst them the others refused giving forth great brags that they should make them leave the fields with shame if they did it not willingly How soon Morton was advertised of the difficulty they made he cried aloud On on we shall see who keeps the fields last and therewith gave so hard a charge upon them as they disordered both the horse and foot The Chase held towards the Watergate where by reason of the skant and narrow passage many were killed and trod to death but the number of prisoner were greater for there were 150. taken amongst whom were the Lord Home and Capt. Iames Cullen the Abbot of Kilwining was killed a Gentleman of good worth and greatly lamented for he was of all that faction esteemed most moderate There died some 50. in all most of them common souldiers and of mean accompt On Mortons side Captain Weymis with one only souldier was slain this conflict happened on Satturday the 28. of Iune 1571. Advertisement hereof sent to the Regent he came the next day to Leth where first order was taken with the prisoners and the Lord Home sent to Tantallan But he stayed not long there for the Lord of Drumlanrig being intercepted by Sir David Spence of Wormston as he was making homewards an exchange was made of the Lord Home with him Captain Cullen a man infamous and who in the last wars had used great cruelty was hanged on a Gibbet The rest upon promise not to serve against the King were dimitted Resolution then was taken for the Regents abode at Leth and the countreys attendance upon him by quarters to keep the adversaries busied and hinder the victualling of the town During which time no day passed without one conflict or other wherein sometimes the Regent and sometimes the Queens party had the better at this time upon a report carried to the Laird of Grange that he was commonly called by those of Leth the Traytor he sent a Trumpet to appeal any one of their side to combat that should dare to affirm so much The Laird of Garleys offering to maintain it time and place were appointed for the sight and when all were expecting the issue of it Grange excused himself by the publick charge he bare saying that it was not thought convenient he should hazard the cause in his own person Notwithstanding of this great heat amongst the parties the Queen of England ceased not to mediate an accord and by a letter to the Marshal dated the 19th of Iuly willed him to move them of new for an abstinence offering to send persons of authority and credit to the borders who should travel to agree them and remove all differences as well concerning the title of the Crown as other private matters and because it was given her to understand that both parties had indicted Parliaments to August next she desired that no proceeding should be made therein either by making of lawes or by denouncing any persons forfeited and that only they should authorize certain persons to meet with her Commissioners for consulting upon the best means to conclude a solid peace There was also a letter of safe conduct sent for any one that Grange would direct unto England for this he had desired Lethington excepted and those that were suspected of the late Kings murther But whether this exception gave the cause or the daily incouragements sent by the French none was directed thither The Regent by his answer of the 27. excused the not yielding to the abstinence which he said without evident prejudice to the Kings cause could not be granted so long as Edinburgh was detained For other points he answered That by himself without the consent of the Nobility and Estates he could say nothing but at their meeting in August her Majesty should receive all reasonable satisfaction The adversary party in the mean time nothing relenting of their course did keep a form of Parliament at Edinburgh the 22. August and though they were but five persons in all present that had any voice in the State to wit two Bishops and three Noblemen they pronounced above 200. persons forfeited The Regent advertising the Queen of England how they had proceeded and what disorder did shew the necessity whereunto they that lived in the Kings obedience were brought and how it concerned him and the rest to prosecute what they had justly intended in regard of their enemies precipitation So in the Parliament kept at Striveling the 28. of the same moneth sentence of forfeiture was pronounced against the Duke of Chatteller ault and his two sons the Abbot of Aberbrothock and Lord Claud the Earl of Huntley the Laird of Grange and some others And for satisfying the Queen of Englands desire the Earl of Morton Marre and Glencarn the Lords Semple Ruthven and Glamis with the Bishop of Orkney the Abbots of Dunfermlin and S. Colmes Inche Sir Iohn Ballendine Justice Clerk and Mr. Iames Mr. Gill Clerk of Register were nominated by the Estates and Commission given or to any four three or two of that number to treat with such as the Queen of England should appoint upon the differences arisen amongst the subjects by occasion of the late troubles and for contracting a League offensive and defensive betwixt the two Realms Of all that did the Regent give notice to the Queen beseeching her not to presse them with any thing that might seem to call the Kings authority in question But before these letters came to her hands he was killed as ye shall hear Lord Claud Hamilton having intelligence given him of the security wherein the Regent and Nobility lived at Striveling and how as in a time of setled peace they did not so much as keep a watch by night took resolution to invade them and was therein greatly incouraged by Cap. George Bell a man born in Striveling one that knew all the passages streets who made offerto put him the company he should bring with him safely in the town This he communicated to the Earl of Huntley Walter Scot of Bacleugh and David Spence of Wormeston who were all content to joyn in the enterprise The second of September they went from Edinburgh a little before Sun-setting accompanied with 200. horse and 300. foot and lest their journey should be suspected they made the rumour go that they went towards Iedburgh to compose a discord fallen out betwixt the town and the Laird of Fernherst To ease the footmen they had taken all the horses which came the day before to the Market and as many as they could otherwise purchase by the way and so marching with a wonderful confidence for by the wayall their discourse
himself strong enough with the supply he had obtained made out to search and pursue his enemies Adam Gordon lay then at Aberdene and being advertised that the Forbesses were drawing near to the City he went forth to meet them The encounter at the beginning was sharp and furious but the Forbesses were young men for the greatest part of small experience and not under command and the souldiers not being well seconded by them after they had fought a while gave over and yielded The slaughter was not great for the conflict happened in the evening which helpt many to escape Captain Chisholm with most of his company and some 15. of the name of Forbes were killed the Master of Forbes and some others were taken prisoners This good successe of the Queens party in the North gave hearts to all the faction and now they began every where to take new courage In the South the Lairds of Fernherst and Bacleugh did affail Iedburgh a little town but very constant in maintaining the Kings authority Lord Claud Hamilton belyed Paslay The Castle of Braughtie on the river of Tay was surprised by ... Seaton of Perbroath and in divers other parts troubles were raised of purpose to divide the Regents forces and to withdraw him from Leth that the town of Edinburgh which was then in some scarcity of victuals might be relieved In the moneth of Ianuary an assembly of the Church convened at Leth where after great instance made with the Regent and Councel for setling the policy of the Church it was agreed that six of the Councel and as many of the Assembly should be selected to treat reason and conclude upon that businesse For the Councel Iames Earl of Morton Chancellour William Lord Ruthven Treasurer Robert Abbot of Dunfermlin Secretary Mr. Iames Macgill Keeper of the Rolls Sir Iohn Bellenden Justice Clerk and Colin Campbel of Glenorchy were named and for the Church Iohn Ereskin of Dun Superintendent of Angus Mr. Iohn Winraine Superintendent of Fife Mr. Andrew Hay Commissioner of Claddisdale Mr. David Lindesay Commissioner of the West Mr. Robert Pont Commissioner of Orkney and Mr. Iohn Craig one of the Ministers of Edinburgh These twelve convening after divers meetings and long deliberation grew to the conclusions following 1. That the Archbishopricks and Bishopricks presently void should be disponed to the most qualified of the Ministery 2. That the spiritual jurisdiction should be exerced by the Bishops in their Dioces 3. That all Abbots Priors and other inferiour Prelates who should happen to be presented to Benefices should be tried by the Bishop or Superintendent of the bounds concerning their qualification and aptnesse to give voice for the Church in Parliament and upon their collation be admitted to the Benefice and not otherwise 4. That so the Bishopricks presently void or that should happen hereafter to fall the King and the Regent should recommend fit and qualified persons and their elections to be made by the Chapters of the Cathedral Churches And forasmuch as divers of the Chapters Churches were possessed by men provided before his Majesties Coronation who bare no office in the Church a particular nomination should be made of Ministers in every Dioces to supply their rooms untill the Benefices should fall void 5. That all Benefices of Cure under Prelacies should be disponed to actual Ministers and to no others 6. That the Ministers should receive Ordination from the Bishop of the Dioces and where no Bishop was as yet placed from the Superintendent of the bounds 7. That the Bishops and Superintendents at the Ordination of Ministers should exact of them an oath for acknowledging his Majesties authority and for obedience to their Ordinary in all things lawful according to the form then condescended Order also was taken for disposing of Provestries Colledge charges and Chaplanries and divers other particulars most profitable for the Church as in the records extant may be seen which were all ordained to stand in force untill the Kings majority or till the Estates of the Realm should otherwise appoint In August thereafter the Assembly of the Church meeting again at Perth report was made of these conclusions and exception taken by some at the titles of Archbishop Dean Archdeacon Chancellor and Chapter as being Popish and offensive to the ears of good Christians whereupon it was declared that by using these titles they meant not to allow of Popish superstition in any sort wishing the same to be changed in others not so scandalous As the name of Bishop to be hereafter used for Archbishop the Chapter to be called The Bishops assembly the Dean to be called The Moderator of the said assembly And for the titles of Archdeacon Chancellour Abbot and Prior that some should be appointed to consider how farre these functions did extend and give their opinion for the interchange thereof with others more agreeable to the Word and the policy of the best reformed Churches reporting their opinions at the next Assembly But I do not find that any such report was made like it is the wiser sort esteemed there was no cause to stumble at titles where the office was thought necessary and lawful A protestation always was made that they received these Articles for an interim till a more perfect order might be obtained at the King his Regent and the Nobilities hands According to these conclusions Mr. Iohn Douglas Provost of the New Colledge of S. Andrews was provided to the Archbishoprick of that See Mr. Iames Boyd to the Archbishoprick of Glasgow Mr. Iames Paton to the Bishoprick of Dunkeld and Mr. Andrew Ghram to the Bishoprick of Dumblane About the end of Ianuary the Regent advertised of the peril wherein the town of Iedburgh stood and of the great preparation that Fernherst and Bacleugh made to surprise it for they had besides their own forces drawn all the people of Esk Ewis and Liddesdale to joyn with them in hope of spoil and from the English Borders divers that were given to robbery to the number of 3000. and above sent the Lord Ruthven with some forces to defend them Before his coming Walter Ker of Cesford a man of good worth who had ever assisted the Kings party was joyned with them Their enemies notthelesse esteeming themselves strong enough by reason of their numbers went forwards with an assurance of victory The Lord Ruthven having notice given him by the way of their diet and the time they had appointed to invade the town did use the more speed and came in sight thereof just as the enemies appeared They fearing to be inclosed betwixt the town who shewed themselves in the fields ready to fight and the forces the Lord Ruthven brought with him did presently retire and give back Fernherst and Bacleugh went to Hawick and were followed the next day by the Lord Ruthven who came upon them so unlooked for as they were cast into a great fear The principals that had horses fled away
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
Notwithstanding they all three were convicted and declared guilty of treason doom was only pronounced against Drumwhasill and Mains and they the same day hanged in the publick street of Edinburgh The Gentlemens case was much pitied Mains his case especially Hamilton who made the delation lived after this in a continual fear and abhorred of all men he kept still in the company of Arran unto the alteration of Court at Striveling at which time Iames Iohnston of Westraw pretending a vow that he had made to revenge Mains his death did kill him as he was flying through the Park on the South side of the Town These cruel and rigorous proceedings caused such a generall fear as all familiar society and intercourse of humanity was in a manner left no man knowing to whom he might safely speak or open his mind Arran in the mean time went on drawing into his own hands the whole managing of affairs for he would be sole and supreme over all The Earl of Argile having departed this life the year preceding he was created Chancellour The office of Secretary he gave to Mr. Iohn Metellan Lethingtons son having banished the Abbot of Dunfermlin who formerly possessed the same The Castles of Edinburgh and Striveling he had himself in custody then made himself be chosen Provost of the Town and as if all this had not been enough he was declared General Lieutenant over the whole Kingdom In a word whatsoever he was pleased was done and without him nothing could be done This stirred up great emulation against him in Court The Master of Gray a great favourite at that time did take it disdainfully that every thing should be governed by him Sir Lewis Ballenden Justice Clerk a man of brave spirit did also hardly endure it and Mr. Iohn Metellan though he had followed still from Mortons execution to that time began to fall away and work his own credit those things were cunningly dissembled as among Courtiers and all outward respect given him by those that were plotting his ruine To his felicity nothing as he thought was wanting but the friendship of England this he was advised by the Master of Gray to seek by the Lord Hunsdons means who lay then Governour of Berwick a meeting whereupon wrought betwixt them and at Foulden some three miles from Berwick whither Arran went matters so dressed as upon the assurance of his service to the Queen of England it was promised that the exiled Lords who lay near the borders waiting to raise some stirres should be called to London and upon verification of the conspiracy wherewith Mains and the rest were charged put forth of England In this hope the Master of Gray is sent into England and Commission given him for remanding the fugitive Rebels or if that could not be obtained for removing them further off from the Borders of Scotland more privately he was desired to use all means for winning the Queens favour to the Earl of Arran And for preparing the way to his Legation the Archbishop of S. Andrews was sent some weeks before to inform the Queen of the King his sinccerity in Religion because of the rumour which the Ministers who fled thither had dispersed to the contrary The Queen professing to have received great content by his information recommended to the King above all things constancy in his profession assuring him in that case of her unchangeable friendship The Master of Gray as his coming had favourable acceptance though he was known to be a Catholick Romane and for the point of remanding was answered that she did not think those Gentlemen whom the King called Rebels intended any harm to his person but if the contrary was made to appear they should be suffered to remain in her Kingdomes And for that the King required touching their further remove from the Borders the same was promised and the Lords accordingly called from thence and commanded to stay at Norwich This answer reported to the King by the Master of Gray at his return drew another Legation wherein Sir Lewis Ballenden Justice Clerk was imployed the thing committed to him was the accusation of the banished Lords and verifying against them the conspiracy for which Mains and Drumwhasill had suffered The Lords upon this were brought from Norwich to London and there challenged by the Ambassadour who as appeared insisted with great servour against them But the Master of Glammis answering for the rest made their innocency in that particular to be clearly seen which was heard no lesse willingly by the Judges then delivered by the Speaker Neither was the accuser any worse minded towards them for all the shew he made and at the same time were grounds laid both for their restitution and Arran his subversion the Queen and Councel of England being privy to all and secretly advancing their enterprise Arran in the mean time had assurance given him of the Queens friendship and supposing all things to be right went on in his accustomed manner not caring what enmity he drew upon himself The Earl of Athol the Lord Home and Master of Cassils were committed to prison The first because he refused to divorce from his wife a daughter of the Earl of Gowry and intaile his lands to him the next for that he denied him his part of the lands of Dirleton and the third for denying him a loan of some moneys which it was thought he might spare His last falling out in that kind was with the Lord Maxwel for an excambion of the Barony of Mernis and the lands of Maxwel heath with the Barony of Kinnel which he possessed by the forfeiture of the Hamiltons Maxwel not liking to change his old inheritance with such a new and uncertain purchase excused himselfe and would not hearken to the change but he thinking to force him thereto by some indirect means travelleth with the Lady Iohnston who gave attendance at Court to cause her husband to accept of the Provostry of Dumfreis and moveth the King to write unto the Town to elect Iohnston their Provost for that he being Warden of the West marches would thereby be made more able to keep good order in these parts Maxwel interpreting this to be done as it was to his disgrace at the time of Election convocated his friends and debarring Iohnston from entring the Town procured himself to be continued in the office Hereupon informations were made to the King that there could no quietnesse be expected in these parts unlesse Maxwel his power was curbed Charges were also directed to cause him present certain of the name of Armestrong for whom he was obliged which he not performing was denounced Rebel and Commission given to the Laird Iohnston to pursue him for whose better enabling he had two companies of hired souldiers allowed him under the charge of two Captains Lamby and Cranston Maxwel hearing of these preparations gathered his forces and with a part
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
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
otherwise Thus because a present peace could not be concluded a truce for eight dayes was made upon condition that the French souldiers should be transported unto Lothian and promise given that before the expiring of that time some indifferent men should be sent to Saint Andrewes authorized with sufficient power for making a firm and solid peace This truce made at Garlibank the 13. of Iune 1559. was signed by the Duke and Monsieur de Oâ—sell in name of the Queen This done the Lords of the Congregation departed leaving the fields first at the Dukes request and returning to Corvper gave publick thanks for that the enemies had failed of their purpose The next day dismissing the multitude they went to Saint Andrewes where attending some days but in vain the coming of these indifferent persons who were promised to be sent thither for concluding a finall peace complaints were dayly brought unto them of the oppressions used by the Lord of Kinfawns whom Queen Regent had placed Provost in the town of Perth The Earle of Argile and Lord Iames did hereupon write to the Queen shewing how at her speciall desire they had travelled with the Congregation then being at Perth and brought them to accept of the conditions propounded by her self the breach whereof chiefly in one point that is the placing of a Garrison of souldiers in the town of Perth was no lesse dishonourable to them who had given their promises to the contrary then it was grievous to the people Therefore they desired the Garrison might be removed and the town restored to the former liberty No answer returning the Lords resolved to expulse the Garrison by force and coming to Perth the 24. of Iune they summoned the Provost Captains and Souldiers to render assuring them if they held out and that it happened any one to be killed in the assault all their lives should pay for it The Provost and Captains answered That they had promised to keep the town for Queen Regent and would to the last drop of their bloud defend the same As these things were in doing the Earle of Huntley the Lord Areskin and Mr. Iames Bormatyne Justice Clerk came by direction of the Queen to perswade the Lords to delay the siege at least for some dayes but they refused to defer it the space of one houre praying them if they loved the safety of the besieged to advise them to render for if any harm should be done in the assault their lives should answer it 〈◊〉 offending that his intercession availed not left them without a farewell Then were the Provost and Captains again summoned but they exspecting no sudden assault and being confident that the Queen would send relief answered as before whereupon the Lord Ruthven that lay on the West quarter began to batter the walls with his munition The men of Dundy who lay upon the East side played upon the town in like manner with their peeces which put the besieged in fear so as considering their own weakness and doubting the succourse should come too late they demanded a Parlee wherein it was agreed that if the Queen did not send relief within the space of 12. houres they should depart and go forth of the town with their weapons and ensignes displayed Thus was the town yeilded Kinfawns expulsed and the Lord Ruthven repossessed in his charge and the inhabitants restored to their Liberties The next day the Abby of Scone situate a mile above Perth was burnt to ashes by the townesmen of Dundy The Noble men were earnest to have the Church and house saved from fire but the people were in such fury because one of their company was killed by a shot from the house as by no means could they be pacified Intelligence in the mean time coming to the Lords that the Queen was of minde to place a Garrison of French souldiers in Striveling to stop that passage and seclude the Professors beyond the river of Forth from those of the South they made haste to prevent her and rising at midnight came early in the morning to the town and immediately after their coming pulled all the Monasteries to the ground The Altars and Images in all the Churches within and about the town were broken and defaced and the Abbey of Cambuskenneth ruined and cast down Three dayes they abode at Striveling and on the fourth marched towards Edinburgh doing the like at Linlithgow which is in the way The rumour of their approach though they were but few in number for they passed not three hundred men in ally did so terrifie the Queen and the companies that were with her as with all the haste they could make they fled to Dumbar The Lord Seaton who for the time was Provost of Edinburgh and took upon him the protection of the Black and Gray Friers abandoned the charge and left all to the spoile of the multitude who before the arriving of the Lords had demolished all the monasteries within the Town and carried away whatsoever they found in the same It is strange to think how by so weak means in such a disorderly way those things should have been wrought seeing upon the least shew of resistance the enterprisers would in all probability have lest their attempt But God put such a fear in the adversaries hearts as they did flee none pursuing Queen Regent not knowing how to redresse these things gave forth a Proclamation wherein she declared That having perceived a seditious tumult to be raised by a part of the Lieges who named themselves the Congregation and under pretence of Religion had taken Armes she by the advice of the Lords of the Privie Councel for satisfying every mans conscience and pacifying the present troubles had made offer to call a Parliament in Ianuary next or sooner if they were pleased for establishing an universal order in matters of Religion by the advice of the Estates and in the mean time to suffer every man live at Liberty serving their conscience without any trouble untill further order were taken And because much appeared to consist upon the state of the Town of Edinburgh she in like manner had offered to permit the inhabitants to use what manner of Religion they would during that time to the end none might have just cause to say that they were forced to any thing against their mindes But that they of the congregation rejecting all reasonable offers had by their actions clearly shewed that it is not Religion nor any thing pertaining thereto that they seek but onely the subversion of authority and the usurpation of the Crowne In testimony whereof they daily brought English men into their houses that come with messages unto them and returned answers back to England and of late had violently possessed the Palace of Halirudhouse and intromitted with the Irons of the Mint-house one of the chief things that concerned the Crown Wherefore she commanded all persons belonging to the said congregation the
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
betwixt the Queen of Scots and the French King and a year after should employ her best means for and in their defence 2. That her Majesty should send with all convenient diligence into Scotland a sufficient aid of men of warre horse and foot with artillery munition and other instruments of warre as well by sea as by land to joyn with the forces of Scotland for the expelling the French forces presently within that Realm and stopping so farre as may be all others to enter therein in time coming 3. That her Majesty should continue her aid to the Nobility and subjects of Scotland untill such time as the French enemies to the said Realm should be utterly expelled thence and should transact agree nor conclude any league with the French except the Scots and French should be also agreed and the Realm of Scotland left in freedom neither should she leave the maintenance of the said Nobility and other subjects whereby they might fall as a prey into their enemies hands so long as they did acknowledge their Soveraign Lady and Queen and should endevour themselves to maintain their own liberty and the estate of the Crown of Scotland 4. If in case any Forts or Strengths within the Realm shall be recovered out of the hands of the French by her Majesties aid the same shoudl be immediately demolished or delivered to the Duke of Chattellerault and his partakers at their election neither should the power of England fortifie within the ground of Scotland but by the advice of the said Duke Nobility and Estates of Scotland 5. That the said Duke and Nobility as well such as be already joyned as such as hereafter shall joyn with him for defence of the liberty of the Realm should to the uttermost of their power aid and support her Majesties Army against the French and their assisters with horse and foot and all manner of other aid they possibly can make and shall provide victuals to the Army by land and sea and continue so doing during the time her Majesties Army shall remain in Scotland 6. That they should be enemies to all such Scottish men and French as shall in any wayes shew themselves enemies to the Realm of England for the aiding and supporting of the said Duke and Nobility and should never assent nor permit the Realm of Scotland to be conquered or otherwise united to the Crown of France then it is at the present only by the marriage of the Queen their Soveraing to the French King and as the Lawes and liberties of the Realm do allow 7. That if it should happen the French men at any time thereafter to invade or cause the Realm of England to be invaded they should furnish the number of 1000 horsemen and 2000. footmen at the least or such part of either of them as should be required at the charge of the Queen of England and should conduct the same to any part of the Realm of England that should be appointed upon the charges alwayes of the Queen of England And in case the invasion should be made on the North part of England either upon the North of the water of Tyne towards Scotland or against Berwick on the North side of the water of Twede they should convene and gather their whole forces upon their own charges and should joyn with the English power and continue in an earnest pursuit of the quarrel of England during the space of 30. dayes or so much longer as they are accustomed to abide in the fields for defence of Scotland 8. That the Earl of Argyle Lord Justice of Scotland being presently joyned with the said Duke should employ his force and good will when he should be required by the Queen of England for reducing the North parts of Ireland to her obedience conform to a mutual contract which should be made betwixt her Majesties Deputy of Ireland for the time and the said Earl wherein should be expressed what each of them should do for support of others in case either of them had businesse with Macc-o-neale or any other of the Isles of Scotland or Realm of Ireland 9. That the Scots for performance and sure keeping of their part of this contract should deliver such pledges to the Duke of Norfolk before the entrie of her Majesties Army in Scottish ground as the said Duke did presently name who should remain in England for the space of six moneths and be exchanged by deliverance of new hostages for six moneths to six moneths or four moneths to four moneths at the pleasure of Scotland the pledges alwayes being of the like or as good condition as the former and the lawful sonnes brethren or heirs of some of the Earls or Barons of the Parliament and the time of the continuance of the said hostages should be during the marriage of the Queen of Scots to the French King and a year after the dissolution of the same till further order may be had betwixt both the Realms for peace and concord 10. That the Duke and Nobility joyned with him being Earles and Barons of Parliament should subscrive and â—eale these Articles within the space of twenty or thirty dayes at the furthest after the delivering of the said hostages and should procure and perswade all others of the Nobility that should joyn themselves thereafter with the said Duke for the cause above specified to subscrive and seal the same Articles within the space of twenty dayes after their conjunction upon requisition made by them of England 11. That the said Duke and Nobility joyned with him certainly understanding that the Queens Majesty of England was moved to grant the present support only upon respect of Princely honour and neighbourhood for defence of the freedom of Scotland from conquest and not of any sinister intent did by these presents testifie and declare that neither they nor any of them do mean by this contract to withdraw their due obedience from their Soveraign Lady the Queen or yet to withstand the French King her husband in any lawful thing which tendeth not to the subversion of the just and ancient liberties of Scotland for the preservation whereof they acknowledge themselves bound to spend their goods lands and lives This contract of the date at Berwick the 27. of February 1559. was confirmed by the Queen of England and a Patent thereof delivered under the great Seal of England to the Duke and Nobility the Lords of Scotland did in like manner ratifie the same by their subscriptions at the Camp before Leth the tenth of May following How soon the French heard that the Lords were removed from Dysert they marched forward according to their first purpose towards S. Andrews and kept the Coast partly because of the ships which carried their victuals partly by reason of a great snow which then was fallen and made the nearest wayes unpassable After that they had crossed the water of Leven and were come unto Kincraige they espied a fleet of ships bearing up
severe then of her own nature she was and led her into many errours of State neglecting the Natives and born Noblemen of the countrey and following the counsels of the French that attended her who making no conscience of their promises and minding nothing but the bringing of Scotland in subjection to France as they conceived things to serve unto their ends moved her to follow courses unsure and dishonourable Otherwise she was of a most milde disposition and was heard often to say That if her own counsel might take place she doubted nothing to compose all the dissensions within the Realm and settle the same upon good conditions in a perfect tranquillity The Author of the story ascrived to Iohn Knox in his whole discourse sheweth a bitter and hateful spite against her forging dishonest things which was never so much as suspected by any setting down his own conjectures as certain truths and misinterpreting all her words and actions yea the least syllable that did escape her in passion he maketh in an argument of her cruel and inhumane disposition but when he cometh to speak of her end he will have all her sickness and death though in none of the two there was any thing extraordinary to be the judgement of God inflicted upon her as if death and the ordinary visitations which bring death were not common to Princes as well as others Then for her burial because by direction of her friends and as some say at her own desire order was taken to carry her corps to the Abbey of Rhemes in Campaigne where her sister was Abbesse which of all necessity required a protraction of time he construed the delay to be the punishment of her inhumanity and the want of sepulchre in this Kingdom a prognostick of the short continuance of her race and the Guisian blood as he speaks in this Realm Pardon me good Reader for this digression To detract from the same of Princes and miscensure their words and actions favoureth of malice and no way becometh a Christian much lesse a Minister of Christ. Shortly after the death of Queen Regent truce was taken for hearing the Ambassadours sent from France and England who coming to Edinburgh entred into consultation first amongst themselves upon the best and easiest means to compose the present quarrels Then calling to them certain of the Scottish Nobility began to treat of the sending of the French souldiers forth of the Realm Wherein two difficulties occurred One was that the Commissioners of France did urge the retaining of a number of men of war in some sorts of the countrey for the King and Queen after peace was concluded The other that the companies that should be broken might depart unchallenged with all their baggage The Scottish Noblemen did oppose these desires esteeming it unreasonable that they should be suffered to depart before they gave satisfaction to those they had wronged And to place strangers in forts they thought it could not but breed trouble and occasion a new warre more dangerous then the present This contention held some dayes at last both parties wearying they were brought to agree upon the conditions following 1. That the French men of warre in the town of Leth should be sent home within the space of twenty dayes with bag and baggage and for their better transport should be furnished with ships of England they giving pledges for the safe return of the same 2. That Leth being rendered to the Lords of Scotland the walls thereof should be demolished as likewise the fortifications at Dumbar if so it should seem good to the Lords after they had viewed the same and that the King and Queen should make no new forts within the Realm nor augment these that were already made nor yet repair these that were demolished without counsel and consent of the Estates 3. That a Garison of threescore French men should be permitted to remain in the Castle of Dumbar and as many in the Isle of Inchkeeth untill the Estates should find means to maintain the said forts upon their own charges from all peril of forain invasion the said souldiers in the mean time living obedient to the lawes of the Realm and taking nothing from the subjects without paiment of ready money 4. That an Act of oblivion should be made for abolishing the memory of all injuries and wrongs attempted or committed against the lawes of the Realm since the sixth day of March 1558. untill the first of August 1560. which Act should be ratified in the next Parliament and confirmed by the Queen with consent of her husband 5. That a general peace and reconciliation should be made amongst the Lords and subjects of the Realm so as they who were called of the Congregation and they who were not of the same should bear no quarrel to others for any thing done since the sixth of March 1558. 6. That the King and Queen should not pursue revenge or suffer to be revenged any violence or injury that had been done since the said time nor should deprive or seek any colour to dispossess the subjects or any of them of the benefices houses and estates which they have enjoyed before they alwayes continuing in the due obedience of their Soveraigns And that it might be known that the King and Queen were not willing to keep any remembrance of the troubles past it was accorded the Duke of Chattellerault and all other Noblemen of Scotland should be repossessed in their livings and benefices within France after the manner that they did enjoy the same before the said sixth day of March and that all capitulations agreed upon in time past should be observed as well for the part of their Majesties as the part of the Nobility and people of Scotland 7. That where any Bishops Abbots or other Churchmen should alledge themselves to have received any injuries either in their persons or goods the same should be considered by the Estates of Parliament and redresse made according to reason and in the mean time that no man should stop them to enjoy their rents nor do any hurt or violence to their persons and if any should do contrary to this Article he should be pursued by the Lords as a perturber of the Commonwealth 8. That in time coming the King and Queen should depute no strangers in the administration of Civil and Common Justice nor bestow the offices of Chancellary Thesaurer Comptrollary and the like upon others then born subjects of the Realm as likewise that it should not be lawful to give the office of Thesaurary or Comptrollary to any Churchman or other person that is not able to administrate the same Further that the Thesaurer and Comptroller appointed by them and instructed with sufficient commission should do nothing in disposing of casualties without the consent of the Councel to the effect all things may be done for the profit of the King and Queen yet should it not be thought that this Article did either
Estates convened in Parliament should appoint About the midst of Iuly the dispensation of the marriage being brought from Rome the Queen was espoused to the Lord Darnelie after the Popish manner in the Chappel of Halirudhruse by the Dean of Restalrig and the next day was he by the sound of the Trumpet proclaimed King and declared to be associated with her in the Government The discontented Lords sent forth their complaints upon this alledging That the Kingdome was openly wronged the liberties thereof oppressed and a King imposed upon the people without advise and consent of the Estates a thing not practised before at any time and contrary to the Laws and received custom of the Countrey Desiring therefore all good subjects to take the matter to heart and joyn with them in resisting these beginnings of Tyranny But few or none were thereby won to shew themselves openly of their party so as when the Queen with her husband went against them they left the town of Striveling where the first convened and fled into Paislay The King to make himself more popular and take from the Lords the pretext of Religion wherewith they coloured their designes took purpose to go unto St. Giles Church in Edinburgh and hear Sermon Iohn Knox either doubting his sincerity or favouring the faction of the Noblemen fell upon him with a bitter reproof for which being cited before the Queen and Councell he not onely stood to that he had spoken but added That as the King for her pleasure had gone to Masse and dishonoured the Lord God so should he in his Iustice make her the instrument of his ruine The Queen incensed with this answer burst forth in tears whereupon he was inhibited preaching by the Councell and silenced for some moneths Mr. Iohn Craig who a little before was brought to Edinburgh because of the prohibition given to his Colleague refused to do any service there which put the people in a stur yet upon better advice he was moved to continue in his charge In the end of August the King and Queen accompanied with five thousand or thereabouts went to Glasgow to pursue the Lords They removing from Paisley to Hamilton an Herald was sent thither to summon the Castle which they denied to render giving out that they would try the matter in battell the next day But the manifold distractions amongst themselves did let this resolution and divers falling away from their side they went to Edinburgh where supposing to finde assistance the Captain of the Castle forced them by his continuall playing on the town to quit it After which they tooke their course to Dumfreis allured by the fair promises of Iohn Maxwell Lord Hereis A new expedition upon this was concluded and the Lieges warned to meet at Bigger the 9. of October in the mid time the King and Queen leaving the Earl of Lenox Lieutenant in the West parts made a Progress through Fife to punish those that had assisted the Lords The Lairds of Grainge Balcomie Pitmillie and Ramormie were fugitive some others of meaner sort taken prisoners and the towns of Perth Dundie and St. Andrewes fined in great summes This done they returned to Edinburgh and from thence went into Dumfrâ—is where the Lords had stayed all that while The Lord Hereis pretending to make their peace concluded his own advising them to fly into England as they did Thither went the Duke of Chattellerault the Earl of Murray Glencarne and Rothes the Lord Ochiltrie the Commendatory of Kilwinning and divers others of good note A few dayes they abode in Carlile with the Earle of Bedford Lieutenant at that time in the North. Then going to Newcastle they sent the Earl of Murray to the English Court to intreat the Queens intercession for them she incontinent dispatched a Gentleman of her Privie Chamber named Tamerorth with Letters to the Queen of Scots requesting that Murray and the rest might be received in favour The Gentleman not vouchsafing to give her husband the title of a King nor bringing any Commission to him was denied presence and had his answer delivered him in writing to this effect That Queen Elizabeth should do well to have no medling with the subjects of Scotland but leave them to their Princes discretion seeing neither she nor her husband did trouble themselves with the causes of her subjects The Duke perceiving that by these means their peace would not be hastily made and knowing his reconcilement to be more easie resolved to sever his cause from the rest and sent the Abbot of Kilwinning to entreat favour to himself and his friends which he easily obtained for he was known to be nothing so guilty as the others and to have been craftily drawn upon that faction so he returned into Scotland in December following In this moneth a generall Assembly of the Church convened again at Edinburgh where the answer made by the Queen to their last petitions was presented and replied unto by the same Assembly in this manner First they said That it was no small grief to the hearts of good and Christian subjects to hear that notwithstanding the Evangel of Christ had been so long preached in the Realm and his mercy so plainly offered her Majesty should yet continue unperswaded of the truth of that Religion which they preached and professed it being the same which Christ Iesus had revealed to the world which he commanded his Apostles to preach and ordained to be received of all the faithfull and firmly retained by them untill his second coming A religion that had God the Father his onely Son Christ Iesus and the Holy Spirit for the Authors thereof and was most clearly grounded upon the Doctrine and practice aswell of the Prophets as Apostles which no other religion upon the face of the earth could justifie alledge or prove For whatsoever assurance the Papist had or could alledge for his profession the same the Turk had for his Alcoran And the Jews more probably might alledge for their rites and traditions whether it be antiquity of time or consent of people or authority of Princes or multitudes and number of Professors or any the like cloakes they do pretend Wherefore in the Name of the eternall God with the reverence that became them they required her highness to use the means whereby she might be perswaded of the truth such as the preaching of the Word of God the ordinary mean that he hath appointed for working knowledge and begetting faith in the hearts of his chosen ones conference with learned men and disputation with the adversaries which they were ready to offer when and where her Grace should think expedient Next where she could not believe any impiety to be in the Mass they made offer to prove the whole Mass from the beginning to the ending to be nothing else but a mass of impietie and that the Priest his actions the opinion which the hearers or rather the gazers
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
exemplary punished the Noblemen Barons and other Professors should imploy their whole forces strength and power for the just punishment of all and whatsoever persons that should be tried and found guilty of the same 8. Sith it hath pleased God to give a native Prince unto the Countrey who in all appearance shall become their King and Soveraign lest he should be murthered and wickedly taken away as his father was the Nobility Barons and others under subscriving should assist maintain and defend the Prince against all that should attempt to do him injury 9. That all Kings and Princes that in any time hereafter shall happen to reign and have the rule of the Realm should in their first entry and before they be either crowned or inaugurated give their oath and faithfully promise unto the true Church of God for maintaining and defending by all means the true Religion of Christ presently professed within the Kingdom 10. That the Prince should be committed to the education of some wise godly and grave man to be trained up in vertue and the fear of God that when he cometh to years he may discharge himself sufficiently of that place and honour whereunto he is called 11. That the Nobility Barons and others underscribing should faithfully promise to convene themselves in armes for the rooting out of idolatry especially the blasphemous Mass without exception of place or person And likewise should remove all idolaters and others not admitted to the preaching of the Word from the bearing of any function in the Church which may be a hinderance to the Ministery in any sort and in their places appoint Superintendents Ministers and other needfull members of the Church And further should faithfully binde themselves to reform all Schooles Colledges and Universities throughout the Realme by removing all such as be of contrary profession and beare any charge therein and planting faithfull teachers in their rooms lest the youth should be corrupted with poysonable doctrine in their lesser years which afterwards would not easily be removed These were the Articles agreed unto by a common consent ard subscribed in the presence of the Assembly by the Earls of Morton Glencarne and Marre the Lords Home Ruthven Sanqhuar Lindesay Grahame Innermaith and Ochiltrie and many Barons besides the Commissioners of Burgesses Upon the dissolving of this Assembly the Lords Ruthven and Lindesay were directed to Lochlevin to deal with the Queen for resignation of the Government in favours of the Prince her son and the appointing of some to be Regent who should have the administration of affairs during his minority At first she took the proposition grievously answering in passion that she could sooner renounce her life then her Crown yet after some rude speeches used by the Lord Lindesay she was induced to put her hand to the renunciation they presented by the perswasion chiefly of Robert Melvil who was sent from the Earl of Atholl and Lethington to advise her as she loved her life not to refuse any thing they did require He likewise brought a letter from Sir Nicholas Throgmorton the Ambassadour of England who was come a few dayes before to visit her but was denied access to the same effect declaring that no resignation made in the time of her captivity would be of force and in Law was null because done out of a just fear which having considered with her self a while without reading any one of the Writs presented she set her hand to the same the tears running down in abundance from her eyes One of the Writs contained a renunciation of the Crown and Royall dignity with a Commission to invest the Prince into the Kingdome by the solemnities accustomed And to that purpose a procuration was given to the Lords Ruthven and Lindesay for dimitting and resigning in presence of the three Estates the Rule and Government And to the Earls of Morton Atholl Marre Glencarne and Menteith and to the Lords Grahame and Home with the Bishop of Orkney and the Provosts of Dundie and Montross for inaugurating the Prince her son The other Writ did appoint the Earl of Murray Regent during the Prince his Minoritie if at his return he should accept of the Charge And in case of his refuse the Duke of Chattellerault the Earls of Lenox Argile Atholl Morton Glencarne and Marre who should joyntly govern and administrate the publick affairs Both the renunciation and Commission for government of the Realm were the next day published at the Market Cross of Edinburgh and the third day after the Publication which was the 29. of Iuly was the Prince crowned and anointed King in the Church of Striveling by the Bishop of Orkney assisted by two of the Superintendents The Sermon was made by Iohn Knox the Earl of Morton and the Lord Home took the Oath for the King that he should maintain the Religion received and minister justice equally to all the subjects The English Ambassadour though he was in town refused his presence to that solemnity lest he should seem to approve the abdication of the Queens Government Now how soon the news came to France and they came in great haste the Earl of Murray prepared to return whereof the Archbishop of Glasgow getting intelligence who lay there Ambassadour for the Queen he laboured earnestly to have him detained informing that he was the head of the faction raised against the Queen and that he was called home to be their leader But he had taken his leave some houres before of the Court and used such diligence as they who were sent to stay him found that he was loosed from Diepe before their coming Returning by England he came the 11. of August to Edinburgh where he was received with a wonderfull joy Great instance was used to have him accept the Regency at which they said no man would grudge he being named by the Queen and having given all good men experiments of his worth Some few dayes he desired to advise in which time he visited the Queen at Lochlevin and sent Letters to the Noblemen of the other faction especially to the Earl of Argile with whom he had kept an intire friendship of a long time shewing in what sort he was pressed by the Lords that maintained the Kings authority and intreating him by the bonds of kindred the familiarity they had long kept and by the love he bare to his native Countrey to appoint a place where he might confer with him and have his counsell in that business To the rest he wrote according to the acquaintance he had with them and as their place and dignity required Of them all in common he desired that they would be pleased to designe a place of meeting where they might by common advice provide for the safety of the Kingdome which in that troubled time could not long subsist without some one to rule and govern But finding them all to decline the meeting and being importuned on the other side by those
whether all they that had taken Armes against the King and not sued for pardon should be forfeited or if sentence should be given against a few only to terrify the rest and hope of favour left unto others upon their obedience Secretary Lethington who did secretly favour the other faction maintained the calmest course to be the best and by the perswasions he used wrought so as the processe against the better sort was continued and some of meaner note only proscribed which was interpreted even as the Regent conceived to proceed of fear and not of a mind to reclaim them The Earl of Rothes only of all the Noblemen of that side reconciled himself accepting three years exile for his punishment Some others of meaner sort the Regent received into favour and such as stood out he pursued by force of Armes making an expedition into the countries of Nidisdale Annandale and the lower parts of Galloway where he put Garisons in the Castles and strong Forts that were judged necessary to be kept others he demolished threw to the ground and had in a short space as it was thought reduced the whole countrey to his obedience if he had not been stayed by other letters by the Queen of England for the offending that he should have gone on in that manner whereas she had willed him to deferre all things till she was informed of the whole cause sent by one of her servants called Middlemore a sharp letter unto him declaring that she would not endure the sacred authority of Kings to be in that sort abused at the appetite of factious subjects and howsoever they had forgot their duties to their Soveraign she would not neglect her sister and neighbour Queen Therefore willed him to direct certain Commissioners to enform her how matters had passed men that could answer the complaints made by the Queen of Scotland against him and his complices which if he failed to do she would restore her to her Kingdome with all the power she could make The Regent took it grievously that matters determined in Parliament should be brought again in question and to plead before forain Judges he held it dishonourable yet considering the adversaries he had the Cardinal of Lorain abroad who swayed all things in the French Court and at home many of the Nobility and that if he did offend the Queen of England his difficulties should be every way great he was glad to yield to the conditions required though against his will Thus it being condescended the Commissioners should be sent when as they could not agree upon the persons the principal Noblemen refusing the imployment the Regent himself offered to undertake the journey and to accompany him choice was made of the Bishop of Orkney and Abbot of Dunfermlin for the spiritual estate of the Earl of Morton and Lord Lindesay for the temporal and of Mr. Iames Macgill and Mr. Henry Balnaves Senators of the Colledge of Justice besides these there went with him Secretary Lethington and Mr. George Buchannan The Secretary had long withstood the sending of any Commissioners thither and simply refused to go in that journey yet the Regent not holding it safe to leave him at home whom he knew to be a busie man and a practiser under-hand with the other party did insist so with him as in end he consented The Commission was given in the Kings name under the Great Seal to the Regent the Earl of Morton the Bishop of Orkney the Abbot of Dunfermlin and Lord Lindesay or to any three of them for convening with the deputies of the Queen of England at York or any other place or places they should think expedient there to make plain and ample declarations to them I keep the very words of the Commission for informing his good sister of the true causes whereupon divers of the Nobility and good subjects during the time that the Queen his Mother was yet possessor of the Crown took occasion to put on Armes to take detain and sequestrate her person for a time with all causes actions circumstances and other their proceedings whatsoever towards her or any other subjects of the Realm since that time unto the day and date of the said Commission or that should fall out untill the return of the said Commissioners whereby the Justice of their cause and honourable dealing might be manifested to the world As likewise to commune treat determine and conclude with his said sister or her Commissioners having sufficient authority upon all differences causes or matters depending betwixt the subjects of either Realm or for further confirmation or augmentation of any treaty of peace heretofore made and concluded betwixt the Realms or for contracting and perfecting any other treaty or confederation as well maintenance of the true Religion publickly professed by the inhabitants of both the Realms as for resisting any forain or intestine power that might be stirred up within the same to disturb the present quietnesse that it hath pleased the Almighty God to grant unto both the Kingdomes in the unity of the said Religion and for increase of amity peace and concord betwixt him and his said sister their Realms dominions people and subjects And generally to do and conclude all things which by them or any three of them should seem convenient and necessary for the premises or any part thereof promising to hold firm and stable c. This Commission is of the date aâ— Edinburgh the 18th of September 1568. In Iuly preceding there was an Assembly of the Church kept at Edinburgh wherein Mr. Iohn Willock Superintendent of the west being elected to moderate the meeting made difficulty to accept the place unlesse some better order was observed then had been in former times for even then the multitudes that convened and indiscreet behaviour of some who loved to seem more zealous then others did cause a great confusion Obedience being promised by the whole number he assumed the Charge And there it was enacted That none should be admitted to have voice in these Assemblies but Superintendents Visiters of Churches Commissioners of Shires and Universities and such Ministers as the Superintendents should chuse in their Diocesan Synods and bring with them being men of knowledge and able to reasâ—n and judge of matters that should happen to be proponed And that the Assembly should not be troubled with unnecessary businesse it was ordained That no matters should be moved which the Superintendents might and ought to determine in their Synods Some Acts of discipline were also concluded as that Papists continuing obstinate after lawful admonitions should be excommunicated and that the committers of murther incest adultery and other such hainous crimes should not be admitted to make satisfaction by any particular Church till they did first appear in the habit of penitents before the general assembly and there receive their injunctions A supplication also was put up to the Regent and Councel wherein amongst other
watchmen were killed and the munition seâ—sed The Lord Fleming who commanded the Castle hearing the tumult fled to the neather Balze so they call the part by which they descend to the river and escaped in a little Boat The souldiers and other servants yielding were spared and freely dimitted Within the Castle were the Archbishop of S. Andrews Monsieur Veras the French man the Lady Fleming Iohn Fleming of Boghall Alexander Levingston sonne to the Lord Levingston and Iohn Hall an English man who were all made prisoners The next morning the Regent came thither for he was lying at Glasgow and using the Lady honourably suffered her to depart with her plate jewels and all that appertained either to her or to her husband Veras was sent to be kept at S. Andrews and permitted afterwards to depart The English man Hall was delivered to the Marshal of Berwick Boghall and the Lord Levingstons son were deteined The Archbishop was sent to Striveling and the first of April publickly hanged on a gibbet erected to that purpose This was the first Bishop that suffered by form of Justice in this Kingdome a man he was of great action wise and not unlearned but in life somewhat dissolute His death especially for the manner of it did greatly incense his friends and disliked of divers who wished a greater respect to have been carried to his age and place But the suspicion of his guiltinesse in the murthers of the King and Regent made him of the common sort lesse regrated It is said that being questioned of the Regents murther he answered That he might have stayed the same and was sorry he did it not But when he was charged with the Kings death he denied the same Yet a Priest called Thomas Robinson that was brought before him affirmed that one Iohn Hamilton commonly called Black Iohn had confessed to him on his death-bed that he was present by his direction at the murther Whereunto he replied That being a Priest he ought not to reveale Confessions and that no mans Confession could make him guilty But for none of those points was he condemned nor the ordinary form of Trial used though he did earnestly request the same Only upon the forfeiture laid against him in Parliament he was put to death and the execution hastened lest the Queen of England should have interceded for his life They who stood for the Queen upon advertisement that the Treatie was dissolved and that she had recalled the Bishop of Galloway and the Lord Levingston did presently take Armes The Laird of Grange to keep the Town of Edinburgh under command did plant in the steeple of S. Giles some souldiers and transport all the Armour and Munition which was kept in the Town-house to the Castle After a few days the Duke of Chattellerault came thither with the Earls of Argile and Huntley the Lords Hereis Boyd and divers others to stay the holding of the Parliament which had been adjourned to the fourteenth of May. At their coming they compelled the Clerks and Keepers of the Register to deliver the books of Councel and Parliament and seised on every thing which they thought might hinder the States to convene The Ministers were commanded in their publick prayers to make mention of the Queen their Soveraign Princesse which they resused Iohn Knox withdrew himself and retired to S. Andrews Alexander Bishop of Galloway preaching in his place The Regent on the other side with the Nobility that adhered to the King came into Leth with a resolution to hold the Parliament whatsoever should follow and because it would be a difficil work to recover the town conclusion was taken to keep the Parliament in that part of the Canon gate which is subject to the townes jurisdiction the Lawyers having resolved that in what part soever of the towne the Estates should convene their meeting would be found lawful Thus on Munday the fourteenth of May which was the Diet appointed the Parliament according to the custome was fenced in a house without the gates yet within the liberties of the town The Saterday preceding the Regent had by advice of the Councel sent some men of warre to possesse that part of the town who were assisted by certain Noblemen voluntiers that joyned in the service And notwithstanding the continual playing of the Ordinance upon that part from the Castle both that day and all the time the Parliament sate not a man a thing most strange of the Regents side was either hurt or killed there were cited to the Parliament young Lethington his brother Mr. Iohn Maitland Prior of Coldingham Gawan Hamilton Abbot of Kilwining with his eldest son and a base son of the late Archbishop of S. Andrews who were all declared culpable of treason Young Lethington because of his foreknowledge and counsel given to King Henry his murther the rest for their rebellion against the King and his Regents As in such a troubled time the Parliament was very frequent for of the Nobility were present the Earls of Morton Marre Glencarn Crawford who some moneths before had forsaken the Queens faction and submitted himself to the King Buchan and Menteith the Lord Keith and Graham as proxies for their Fathers the Earls of Marshal and Montrosse with the Lords Lindesay Ruthven Glamis Zeister Methven Ochiltrie Cathcart two Bishops nine Abbots and Priors with twenty Commissioners of Burghs The forfeiture pronounced the Estates took counsel to dissolve because the danger was great and prorogued the Parliament to the third of August appointing the same to meet at Striveling A new Civil warre did then break up which kept the Realm in trouble the space of two years very nigh and was exherced with great enmity on all sides You should have seen fathers against their sons sons against their fathers brother fighting against brother nigh kinsmen and others allied together as enemies seeking one the destruction of another Every man as his affection led him joyned to the one or other party one professing to be the Kings men another the Queens The very young ones scarce taught to speak had these words in their mouthes and were sometimes observed to divide and have their childish conflicts in that quarrel But the condition of Edinburgh was of all parts of the countrey the most distressed they that were of quiet disposition and greatest substance being forced to forsake their houses which were partly by the souldiers partly by other necessitous people who made their profit of the present calamities rifled and abused The nineteenth day of May the Regent and other Noblemen leaving the Canon gate went to Leth and the next day in the afternoon took their journey towards Striveling where the ordinary Judges of Session were commanded to sit for ministring justice to the Leiges As they were taking horse the forces within Edinburgh issued forth making shew to sight yet still they kept themselves under guard of the Castle The Earl of Morton parting
the rest betook them to a little bush of wood where being environed on all sides they yielded at discretion the prisoners were many of whom some few were retained as pledges and the rest dimitted upon promise to enter themselves at a certain day The rest of the winter and all the next spring was spent in light skirmishes with small losse on either side for they of the Queens faction did seldom come to the open fields or if they shewed themselves at any time upon the first onset they took the flight and retired to the town Whilest matters did thus proceed in the Queen of Scots quarrel at home the Bishop of Ross in England renewed the purpose of marriage with the Duke of Norfolk and practised with divers for setting the Queen at liberty This being discovered the Duke was committed to the Tower of London and being arraigned at Westminster Hall the 16. of Ianuary was convicted of Treason and condemned to die yet was the execution delayed to the Iune after The Bishop of Ross called also in question defended himself by the priviledges of his Ambassage saying That he had done nothing but what his place and duty tied him unto for procuring the liberty of his Princess and that he came unto England with sufficient authority which he had shewed and was at the time accepted When it was replied that the priviledges of Ambassadours could not protect them who did offend against the Majesty of the Princes they were sent unto and that they were not to be reputed other then enemies who practised rebellion against the State He answered that he had neither raised nor practisâ—d rebellion but perceiving the adversaries of his Princess countenanced and her out of all hope of liberty he could not abandon his Soveraign in her affliction but do his best to procure her freedom And that it would never be found that the priviledges of Ambassadours were violated via juris by course of law but only via facti by way of fact which seldom had a good success After long altercation he was sent to the Isle of Ely and from thence brought and imprisoned in the Tower where he remained nigh two years Some ten days after Norfolks execution the Queen of England directed certain of her Councel to the Queen of Scots to expostulate with her for making suit to the Pope and King of Spain and for receiving letters from the Pope together with a sentence declaratory published against her self whereunto after protestation that she was a free Queen and subject to none she answered that she had indeed by letters solicited both the Pope and King of Spain for restoring her unto her Kingdom which was no prejudice to the Q. of England that she had received godly and consolatory letters from the Pope But for the sentence given by him she never knew thereof till a printed copy was brought unto her which after she had read she did cast into the fire These answers did not satisfy the Q. of Engl. who having understood that she had entered in a secret confederacy with the Spaniard kept her from that time in a more strict custody then before Yet at the request of the French King she sent of new Sir William Drury unto Scotland to treat for peace and if that could not be wrought to procure a cessation of Arms for a certain space But he prevailed nothing the warres being then very hot and the parties mightily incensed against others No quarters were given nor interchange of prisoners made but all that were taken on either side presently executed This device was held to proceed from the Earl of Morton who thought the troubles would not hastily cease if a greater severity were not used towards them who withstood the Kings authority But whose device soever it was it proved exceeding hateful The common sort taking it to have come of Morton called the warres of that time the Douglasses warres This form of doing continued from the 16. of April to the 8. of Iune at which time both parties wearied of execution daily made were content to cease from such rigour and use fair warres as in former times In the North Adam Gordon after the Forbesses were defeated found no resistance and following his fortune reduced all beyond the river of Dee to the Queens obedience To impede his proceedings for he had entered then into the countrey of Mernis and was besieging the house of William Douglass of Glenbervy The Regent directed the Earl of Crawford and Buchan with the Lord Glamis and Master of Marshell These Noblemen meeting at Brichen and waiting there till forces should assemble Adam Gordon came upon them in the night and killing the watches that were placed at the Bridge on the North side of the town had very nigh taken them all in bed but they wakened by the noise of the Trumpets espcaped many were taken prisoners and some 39. persons slain within the City This done he besieged the town of Montross and forced them to pay a great summe of mony which put the town of Dundy in such fear as they were driven to seek aid of their Neighbours in Fife At the same time the Castle of Blacknes a Fort on the South-side of the river of Forth was sold by the Keeper to the Hamiltons and thereby the Navigation betwixt Leth and Striveling barred at Edinburgh were divers skirmishes betwixt them and the companies that lay at Leth and which was greatly lamented of both parties the Lord Methven killed by a shot of Cannon from the Castle The Duke in the mean time having proclaimed a Justice Court at Hamilton and divers persons within the Sheriffdom of Ranfrew and Lennox to answer to certain crimes whereof they were delated The Regent prepared to keep the diet and leaving the Earl of Montross and the Lord Lindesay to follow the service at Leth took journey to Glasgow and from thence to Hamilton But neither the Duke nor any in his name appearing to hold the Court he appointed the Lord Semple Lieutenant in those West parts for the King and returned to Striveling He had intended an expedition in the North but upon advertisement that two Ambassadours were arrived at Leth he turned thither The one was Monsieur de Crock imployed by the French the other Mr. Randolph by England who professed both of them to be sent for negotiating a peace amongst the parties yet was it thought the French did not much affect the peace For even then the Lord Fleming came from France with moneys to pay the souldiers that served the Lords at Edinburgh This Nobleman some ten days after walking in the street was unhappily wounded in the knee by the shot of an Harquesk whereof he died the sixth of September As to the Queen of England howbeit she desired peace to be made yet she would have it in such manner as both factions might depend on her and so she had carried her self in
reconciliation intended was brought to an end These Articles being signed by the King and subscrived by the principals of both parties the accord and heads thereof were published at Striveling and Falkirk the fourteenth of August upon which the Armies dissolved No stirre in our memory was more happily pacified for should it have come to the worst as it was not far off such was the heat and hate of both factions that the mischief could not but have been great which would have ensued The place and time of the Noblemens meeting for considering the grievances of both parties being left to the Kings appointing because delay might breed greater difficulties his Majesty did assign the 20. of September to meet at Striveling whereof he caused the Ambassadour give the Chancellour notice and to desire him to name the four Noblemen whose advice he and the rest would use in that treaty The Chancellour answered by letter That neither he nor Argile could agree to meet at Striveling nor could they design the four Noblemen whom they would use because death sickness and other accidents might hinder one or more of them to convene but if it should please the King to appoint the place of meeting at Edinburgh about the end of November they should keep the day and for the present nominate ten of which number hey should choose some four at that time as arbiters for their party The ten they named were the Earls of Montross and Cathnes the Lords Lindesay Maxwel Hereis Ogilvy and Innermeath the Abbot of Newbottle and the Lairds of Bargenny and Drumwhassil Herewith he desired three things to be granted One was that licence might be given to such an one as they would choose to pass into England next that they who were dispossessed of their places and offices since the tenth of July might be restored namely Mr. Mark Ker sonne to the Abbot of Newbottle Master of Requests and William Cunningham sonne to the Laird of Drumwhassil Gentleman of the Kings Bedchamber Thirdly that none should be called in question for their absence upon the late Proclamations seeing all they who came not to Striveling must be understood to have been their adherents This answer communicated to the King did highly offend him First that they should usurp the appointing of the time and place of meeting which was left in his power next that they would presume to send a message into England they being his subjects and neither acquaint him with the person nor the message For the other Petitions he judged them impertinent and more fit to be proponed at the meeting of the Noblemen wherefore in a letter sent by Mr. William Areskin to the Chancellour he shewed that since they had delayed to nominate the four Noblemen he himself would make choice of four of them whose names they had given to the Ambassadour to wit the Lords Lindesay Ogilvy Innermeath and Hereis to whom he would joyn the Earls of Rothes and Buchan with the Lords Ruthven and Boyd and by their advice proceed in the reconciliation by him intended which if they should refuse he would notifie to the Queen of England and other Christian Princes the care he had taken to perform all things as they had been lately accorded To this letter no answer was given but that they should advise with their friends and afterwards signify their minds wherewith the King being discontent he summoned the Noblemen to meet at Striveling the 20. of September warning all the subjects whom that businesse concerned to addresse themselves thither against the day At the day none of them appeared and the more careful the King was to have peace made the more they seemed to draw back protracting time upon frivolous excuses Wherefore the King for the last Diet appointed the 20. of October which most of them kept Being all assembled the King spake to them to this effect Ye do all understand what an earnest desire I have that you should joyn in friendship one with another which cannot be more contentment to me then it is benefit to your selves although I have many occasions given me to fall from that desire yet I abide in the same mind and shall wish you to lay aside your needless jealousies and suspicions For as to me I will sindy to be indifferent and bestow my favours unpartially and never repose my self upon any one so much as to deny others the regard which is due to them Ye that are Noblemen have a special interest in me and unlesse there be a correspondence of wills and mindes amongst you I shall never find that concurrence that ought to be for mine honour and the good of the Commonwealth It is not long since at your own desires I accepted the government of the Realm being perswaded by you that this was the only way to cease all grudges but now that I see them increased it repents me to have yielded to your desires and intangled my self in such businesse What should let you to be reconciled and become perfect friends I know not if there by any grief or offence that hath exasperated your minds will ye shew it I am here with the advice of my Lords to remove it and see satisfaction made by those that have done the wrong I hope you do not carry mindes irreconcilcable ye professed that ye laid down Arms for the love ye bare to your King by the same love I intreat you to lay aside jealousies and suspicâ—ons which ye will doubtlesse do except ye mind to expose your countrey and your selves to utter ruine The Lords moved with this speech professed themselves willing at his Majesties desire to bury all discords and that their agreement might be the more sound they were required to set down in writing the injuries and unkindness whereof they complained that satisfaction might be made at the sight of the King and Noblemen whom he had named Hereupon the Chancellour and Argile presented their grievances in some short Articles bearing the unkindnesse they had received from the Earl of Morton in the time of his Regiment Whereunto he answered first generally that what he did in that time was done by order of law and that they themselves had allowed his proceedings and were sureties for ratifying the same in Parliament Then replying more particularly to every Article he gave the King and other Noblemen full satisfaction and made it seen that on the part of the other Lords there was a great mistaking for what he did he could not leave undone without a manifest violation of justice Yet for himself he said although he had been ill rewarded by them for his pains taken in the publick service and received more unkindnesse at their hands then he had deserved he would freely remit all at the Kings desire After some days spent in such reckonings they were brought in end to joyn hands During these contentions in the State Mr. Andrew Melvil held the Church
form of proces kept with them others judged that there needed no such formality seeing the Authours were known and the sentence of forfeiture pronounced against them stood unreduced To use a citation they said was to give them warning to flee whereas otherwise they might be taken unprovided and brought to their censure At last it was agreed that a Commission should be given to some Noblemen that had power and affected the businesse to apprehend them This Commission was given to the Earls of Morton Marre and Eglinton and to the Lords of Ruthven 〈◊〉 and Boyd which was not so closely carried but advertisement went to the Lord Hamilton and his brother Lord Claud so as they escaped The Lord Hamilton going on foot through the most part of England in the habit of a Seaman fled into France Lord Claud after he had lurked a while amongst his friends at home found refuge in the North parts of England others of their friendship who stood in fear saved themselves where best they could Upon the report of their escape charges were directed for rendering the houses of Hamilton and Draffan which belonged to the Earl of Arran their elder Brother and were possessed by the Lord Hamilton as administrator to his brother because of his disease The Earl of Arran himself they had kept in the Castle of Draffan attended by some servants and he was known to have no part in any of these facts wherewith they were charged so as by way of justice his estate could not fall under forfeiture yet some colour of right behoved to be made for bringing the same under the Courts disposing To this effect it was devised that a complaint should be preferred in the name of the Earl of Arran and his Majesties Advocates bearing the miserable condition of the said Earl and how he was detained in close prison by his two brothers without fire aire and the company of his honest friends his living violently possessed by the Commendators of Aberbrothock his Sheriffeship of Laâ—rick usurped himself denied the benefit of marriage and debarred from succession against all law for if he was an idiot or furious as they gave out he ought to have had Curators given him by the King and if he was mentis compos it was an intolerable wrong to use him in that sort Therefore desired letters to be directed for his exhibition before the Councel that it might be known in what estate he was and an honourable provision appointed unto him such as befitted his birth and condition This desire being judged reasonable summons were directed against the two brothers that were fled and they not appearing at the day were denounced Rebels But this not sufficing to work their ends the disobedience of the Keepers in not rendring the strengths when they were charged was made the Earls crime and he found to have incurred the pain of treason an act of the greatest injustice that could be done Notthelesse upon this ground were both the Castles at that time demolished and Captain Iames Stewart afterwards preferred to the Earldome of Arran Whilest these things were doing Monsieur No a Frenchman Secretary to the Queen of Scots came to Striveling with letters and some presents to the King but because in the superscription of the letters he was only intituled Prince of Scotland the messenger was denied accesse and neither his letters nor presents received The rest of this summer was spent for the most part in summoning the Gentlemen of the name of Hamilton and putting them under surety that they should not give supply to the fugitives and be always ready to answer before the Councel when they should be called Dame Margaret Lion Countesse of Cassils who not long before had married the Commendator of Aberbrothock was suffered to possesse the Joincture she had by her first husband upon the like condition And because many were put in fear by this proceeding that the pacification of Perth should be altogether annulled his Majesty made a publick declaration That what was done in the present pursuit was only for the murther of his Father and Regents unto which both in honour and conscience he was tied And that no Article of the pacification should be infringed or called in question In the beginning of Iuly the Earl of Athols funerals were performed with great solemnity and his body interred in the Church of S. Giles at Edinburgh after which Colin Earl of Argile was created Chancellour in his place The King then resolving to shew himself to his people and to fall into the exercise of his Princely authority caused proclaime a Parliament to be kept at Edinburgh the twentieth of October Whilest things were preparing for his remove the Lord D' Ambigny arrived from France of purpose to visit the King as being nigh of blood and Cousen german to his Father The King receiving him kindly after a few days entertainment at Striveling took him in company to Edinburgh when he grew into such favour by his courteous and modest behaviour as the King would not permit him to return unto France and moving his grand Uncle to resign in his favours the Earldom of Lennox he gave to him in recompence the title of the Earldom of March Soon after the Abbacy of Aberbrothock which was fallen by Lord Iohn Hamiltons forfeiture was bestowed on him and he preferred to be one of the privy Councel This suddain and unexpected preferment got him much hatred and being of the Roman profession his enemies filled the countrey with rumours that he was sent from France only to pervert the King in his Religion Notthelesse in the Parliament which held at the time appointed divers good acts were made in favour of the Church but the matters of jurisdiction which the Ministers did chiefly urge was put off to a new Commission Some moneths before the King had required them by a letter directed with Iohn Doncanson his Minister to abstain from making any novation in the Church policy and to suffer things to continue in the state wherein they were unto the Parliament approaching without prejudging the decision of the Estates by their conclusions But they neglecting the letter went to examine the conference kept at Striveling the year preceding and whereas in that conference divers heads were remitted to a further consultation they ordained nothing to be altered either in form or matter of that which amongst themselves was concluded They further called the Archbishop of S. Andrews in question for granting collations upon some Benefices and for giving voice in Parliament not being authorized thereto by the Church This did so displease the King as from that time forth he did not countenance the Ministers as in former times and upon the complaint of persons who otherwise deserved not much regard that the Church might find in what need they stood of his favour he suffered divers sentences to passe in Councel suspending their
Kinloss Lindors Blanire and Pettin Weyme representing the spiritual estate by the Earls of Arran March Athol Montrosse Marshall and Rothes the Lords Oliphant Thirlstane Gray Sinclare Down and Fleming for the Nobility and by the Commissioners of Burghs and all the Officers of Estate amongst the rest by the Master of Gray who though he did professe himâ— himself a Romane Catholick would in nothing that the King affected be thought refractary It was thought that the Ambassadour did rest well satisfied with the Kings forwardnesse towards the league and that he should have presently returned But he had some other businesse in trust which was carried more closely This was to make friends to the exiled Lords and labour their restitution as had been concluded in England To this effect he kept divers private meetings with the Master of Gray the Secretary and Justice Clerk giving the Lords intelligence from time to time of his proceedings among other means he thought expedient that they should reconcile their private quarrels with the Lord Hamilton and his brother Claud who were likewise exiled and lived then in England he wrought so as they were brought as it seemed to a perfect accord promising to take one course and joyn all in the same cause But Claud fearing either the event of the enterprise or not having buried his former grudges did afterwards separate and by discovering their purpose procured to himself liberty to return yet did he not find that acceptance which he expected being shortly after his coming confined in Aberdene and within a little while commanded to leave the countrey and goe into France There came this Summer from Denmark certain Ambassadours to redeem as they pretended the Isles of Orkney and Shetland alienated of old from that Crown yet the true errand was to propone that marriage unto the King which was some four years after happily perfected The King receiving them kindly and excusing himsel for the matter of Orkney because of the Pestilence which raged as then in Edinburgh Where the Registers of the Kingdom were kept promised how soon commodity served to give all reasonable satisfaction and to send some in Commission to treat of those matters How soon they were dimitted the King went into Striveling and from thence to Hamilton to recreate himself as he was accustomed where he received advertisement that the banished Lords were come down to the borders and that Maxwel was to joyn his forces with them Hereupon he returneth to Striveling and sending for Arran made Proclamations to go through the countrey commanding all the subjects to meet him at the Castle of Crawford the 22. of October for resisting the attempts of the Rebels But things were so prepared at Court by the English Ambassadour as the Lords did prevent the King in his expedition They had appointed their rendezvous at Linton in Tweddale and meeting there did solemnly swear not to separate nor give over the profecution of their enterprise till the King should be moved to accept them in favour and put Arran forth of his company Maxwel brough with him 300 souldiers that had served against Iohnston and about 700 horsemen all the others did scarce equall that number though Bothwel Home Yester Cesford and Drumlanrig had joyned with them To justify their proceedings they gave forth a Proclamation in all the places they came unto declaring the causes of their enterprise to be the defence of the truth the deliverance of the King from corrupt Counsellors and the preserving of amity with England In this Proclamation nothing was left unsaid that might make Arran odious and hateful amongst other things he was charged to have bragged of his descent from Duck Mordoch who was beheaded in the time of King Iames the first and to lay claim to the Crown by that title calling himself King Iames the seventh It is true that in the Parliament held the year preceding he took protestation in open Court that he renounced any title that he might pretend to the Crown that way which I suppose he did to purge himself of that aspersion but the protestation was laughed at in the time by the wiser sort and gave them to think that such a folly had once possessed his mind The Proclamation did often mention him and Col. Stewart as abusers of the King Of the rest of the Counsellours there was no speech which increased Arrans jealousy of them Now how soon the Ambassadour heard that the Lords were entred in the countrey fearing that some notice should be taken of his dealing he left Striveling and went in haste to Berwick without saluting any man They sent a Post after him with a letter desiring to know the cause of his suddain departure and whether he was directed by the Queen his Soveraign to go away in such sort Being overtaken at Anwick he answered that he had no such direction from the Queen when he was first imployed but that of late he had received a command to retire because she saw no hope of the delivery of that wretched Farnherst This he made the pretext of his departure yet in reason he could not alledge it Farnherst lying bedfast at the time in Aberdene where he was committed which was notified to him and he knew to be a truth In the conclusion of his letter he said that he could not grant that he had departed insalutato hospite seeing he performed that office both with his heart and hand and that he should by all possible means endevour that his departure should rather help to maintain then dissolve the amity betwixt his Soveraign and him That which he speaketh of his hand was a letter that he left to be given to the King the day after he was gone in which he laid the cause upon Arrans credit without whom he saw nothing could be obtained Arran seeing the letter that he left to be given to the King began to think that all was not sound and accused the Master of Gray as being privy to the Ambassadors departure which he denied yet all that time nothing was done that was sitting either for the Kings safety or reputation and not so much as the Castle furnished with victuals which might have easily been provided Neither were the Lords ignorant of this which made them use the greater speed marching directly to Falkirk and the next day which was the last of October to Striveling At the Church called Sanct Nineans a half mile or lesse from the Town they put themselves in order of battel and stood so till night fell at which time upon warning given them by their friends within the Town they advanced and knowing all the passages entred by a certain back way without any resistance Arran had taken upon him to watch that night and was keeping the Town gate when a cry was raised that the Town was taken The Earl of Crawford who watched with him fled to the Castle but he escaped by the
bridge of which he kept the keyes Some weak resistance was made by Colonel Stewart at the head of the Market street but he was soon put back with the slaughter of one or two of his company The borderers according to their custome fell upon the stables and made prey of all the Gentlemens horses whereof they found good store The spoile otherwise was not great as of a town not very rich in merchandise In the morning betimes the Castle was inclosed which they knew could not long hold out for it was unfurnished and scarce provided with victuals of one day in this extremity the King was advised to employ two of his Councel towards the Lords to ask what they intended Choice was made of the Secretary and Justice Clerk as men whom they would willingly hear At the first meeting the Secretary was rough enough with them saying That such violent formes were not to be approved and to deal in that manner with their King they would finde it unsure for what was extorted from him by force or fear he would soon finde means to undo and never want men to serve him in that whereunto his will was bent that humble Petitions became subjects and had been more fitting then to come in the manner they did The Lords answered that it grieved them fore to be reduced to that necessity nothing being more dear to them then the Kings honour and safety But what could they have done they were banished from their countrey put from their livings their friends used with cruelty the King not permitted to hear them in their just defence and alwayes shut up from presenting their Petitions That their coming in that manner was not to dishonour nor force the King to whom they would be most humble supplicants and upon their knees if they should find accesse beg mercy at his hands All they did was to save themselves from ruine and to be secured from their adversaries who had wronged them and the whole States of the Kingdom wherefore they besought them as their countreymen and friends to intercede with his Majesty that they might be accepted in favour and all things composed in the most quiet and honourable manner for the King and State that could be devised This reported to the King did mitigate his mind a little For my self said he I did never like that mans violence meaning Arran and howbeit I cannot but offend with their doings yet for the countreys sake and preservation of publick quietnesse I can pardon and overpasse all but one thing I desire you that have been in conference with them to look to that none in my company receive any harm I know there are quarrels betwixt the Earl of Crawford and the Master of Glammis That the Earl of Angus doth not like Montrosse and I believe that Colonel Stewart is not well beloved for things done in my service These I cannot see with mine honour hurt provide for that and that they may be in safety and I shall willingly admit them When this was shewed the Lords they said that they had not taken up Arms for any private quarrel nor would they mixe their particulars with the publick but it should be good for eschewing such inconveniences as might happen that the Noblemen whom the King had named were put in custody with some special persons and that the Colonel should be discharged from his office of the guard and the same conferred to another This being declared to the King he gave his consent to receive them Being brought unto his prefence they fell all upon their knees and the Lord Hamilton who had the precedency in regard of blood taking the speech said that they were come in most humble manner to beg mercy and his Majesties love and favour The King answered My Lord I did never see you before and must confesse that of all this company you have been most wronged you were a faithful servant to the Queen my mother in my minority and when I understood not as I do the estate of things hardly used The rest of you that have since that time been exiled and put from your livings cannot say but it was your own fault and that your misbehaviour procured the same But turning himself to Bothwel what should have moved thee Francis said he to take this course and come in Armes against me did I ever thee any wrong or what cause hadst thou to offend I wish thee a more quiet spirit and that thou mayest learn to live as a Subject otherwise thou wilt fall in trouble To you all who as I truly think have not meant any harm to any person I am pleased to give both my hand and my heart and will remember nothing that is past providing you carry your selves from henceforth as becomes men of your places and behave your selves as dutiful subjects So they arose one by one and kissed his Majesties hands It was observed that he received the Lord Hamilton with greatest kindnesse and gave him more respect then any others This was the day after their entering into Striveling Two days after in Councel the King renewing his promise did by publick Act confirm the pardon granted to them and their Assisters which was by sound of trumpet proclaimed The Earls of Crawford and Montross were commended to the Lord Hamilton who used them honourably and Colonel Stewart suffered quietly to depart Arran after his flight went unto Coile and lived private amongst his friends deprived of all his honours The charge of the guard was given to the Master of Glammis the Castle of Dumbritton put in the Lord Hamiltons custody Striveling restored to the Earl of Marre and the Castle of Edinburgh delivered to Sir Iames Home of Coldinknâ—ws In this manner did the banished Lords recover his Majesties favour and return to their places albeit Thuan deceived by some information hath otherwise related the same How soon the Noblemens peace was proclaimed Duntraith who had touched them in his deposition against Maius saying that he was told by one Iohn Home the Lords had hired every one of them two men to kill the King so comperired before the Councel undesired so the Act of Councel beareth and confessed that he was suborned by Captain Iames who is henceforth to be so named the title of Arran being returned to the right owner to make that deposition which in it self was false and untrue out of fear and to save his life For verifying whereof and to shew that he did not confesse this to please the Noblemen whom he had wronged by such a confession he declared that for the space of eight weeks before their return he had revealed the same to the Master of Gray and to the Provost of Linclouden both which upon oath testified no lesse to the King The Councel for clearing the Noblemen ordained his confession to be published which was not very needful for no man did beleive the
Religion presently professed should be a just cause to infer the pain and crime of treason against Iesuites Mass Priests trafficking Papists and their ressetters with a provision That if the Iesuits and seminary Priests did satisfie the Prince and the Church the foresaid penalty should not strick upon the ressetters which in effect was no restraint neither was the trafficking against Religion declared to be a crime of Treason unless the same was proved a trafficking likewise against the King So in this point the Church received small satisfaction As to the complaint of blood the same was remitted to the ordinary course of Justice But the first Petition was longer debated the King being unwilling either to abrogate the Acts of the 84. or grant the ratification desired of the present discipline for he foresaw the inconvenients that would grow by the liberty that Ministers should assume to themselves yet Bothwels business and the many discontentments within the Realm moved him to give way lest he should be troubled likewise with their outcries So the Act passed but in the most wary tearms that could be devised As for the Statute confirming his Majesties royall power the abrogation whereof was chiefly sought it was onely declared That the said Statute should be no wayes prejudiciall nor derogatory to the priviledge that God hath given to the spirituall office-bearer in the Church concerning heads of Religion matters of Heresie Excommunication collation or deprivation of Ministers or any such essentiall censures grounded and having warrant of the Word of God Upon the end of the Parliament the King went to Falkland where Bothwell made a new attempt encouraged thereunto by the Earls of Angus and Arroll the Master of Gray Colonell Stewart and the Lairds of Iohnston and Balwery who did all promise their concurrence in bringing him unto the Kings presence The Master of Gray and Balwery did meet him with a good number of horse Angus kept the Diet but with a small company Arroll remained with the King within the Palace and had taken upon him with the assistance of Colonel Stewart to open the Gates but either out of fear their hearts failing them or not having a number sufficient to make good their undertaking nothing was done yet upon suspicions they were apprehended and Arroll sent to the Castle of Edinburgh and the Colonel to Blackness the company that came with Bothwell was not great and did not exceed sixscore in all broken men for the most part whom he had taken up in the English and Scottish borders with these he had journied 2 dayes and nights without either meat or sleep came to Falkland a little before midnight where finding his expectation disappointed and those in the Palace provided to defend he stayed on the side of the hill till a little after Sun-rising some of his followers in the mean time breaking open the Queens stables took away the horses and what else they could lay hands upon The night was then at the shortest for it was the 26. of Iune and the Countrey gathering from all parts to relieve the King he was forced to flee But what way to take he was uncertain for to pass the Ferrie with his company he could not safely and to return by the bridge of Striveling was a long way which neither the horses nor their riders after so long watching could indure yet seeing no better then to be gone with the haste he could make about nine of the clock he caused sound the trumpets and retired The King after the Countrey people were come followed by the Queens Ferry thinking he had gone that way but finding that he had taken his course by Striveling and knowing that the company would separate how soon they had passed the bridge he directed most of his followers to apprehend such as they could overtake Divers were taken in the Moors of Calder and Carnwath but suffered to escape by their takers many horses were found straying in the fields the riders being overcome with sleep and fallen from them Amongst others Archibald Wachop of Nudry and some 7. or 8. with him whilest they lay sleeping in a meadow nigh to Cambusnetham were taken by the Lord Hamilton and sent to be kept in the Castle of Draffan but his Lady the day after out of a womanly commiseration whilest her Lord was absent suffered them to depart Bothwell himself fled unto the West borders and from thence into England The badness of this attempt put the borders in a great fear for many of them especially of the Iohnstons had followed him in that journey yet so great was the Kings clemency as being at Dumfreise whither he went in the beginning of Iuly a generall pardon was proclaimed to all that would submit themselves whereupon numbers did enter and were received in favour Bothwell thus forsaken almost of all did notwithstanding in the Court again find some that out of emulation and private rancour more then for any affection they carried unto him wrought the King new troubles Alexander Lindesay Lord Spinie a great favourite in that time out of the malice he bare to the Master of Glamis Thesaurer whom he knew Bothwell also hated did secretly practise to bring him into the Kings presence and make his reconciliation This coming to the knowledge of Colonel Stewart who was still detained in Blackness to procure his own liberty and recover the Kings favour he signified the same to the King by Sir Iames Sandelands who as then was keeper of the house and being brought before the Councell at Dalkeith stood to the declaration affirming that the Lord Spinie had resset Bothwell in his Ladies house at Aberdowre which he offered to prove by witnesses circumstances and other clear demonstrations These were his words Spinie denying all appealed the Colonell to combat which the King would not permit assigning the 12 of September for his triall before the Justice Spinie appearing at the day the Colonell excused himself by the shortnesse of the time and had a new diet assigned him at which his probation failing Spinie was restored to his honour dignity and service yet did he never recover his former credit with the King but was held still suspected and whether offending at this or that the first declaration was true in it self the year following he took open part with Bothwell and was therefore denounced Rebell At the same time Iohn Weymis younger of Logie Gentleman of his Majesties Chamber and in great favour both with the King and Queen was discovered to have the like dealing with Bothwell and being committed to the keeping of the Guard escaped by the policy of one of the Dutch Maids with whom he entertained a secret love The Gentlewoman named mistress Margaret Twinslace coming one night whilest the King and Queen were in bed to his keepers shewed that the King called for the prisoner to ask of him some question the keepers suspecting nothing for they
when the Ambassadour understood that they had lost the benefit of that grant in their own default and that the King had proceeded so farre as to make publick Declaration thereof he was satisfied and insisted to have the sentence of forfeiture pronounced against them This not proceeding with such haste as he desired he fell to treat secretly with Bothwell who was making new stirrs and had drawn numbers of all sorts to follow him yea with some specialls of the Ministery he found such credit as both in their publick Sermons and otherwise by their private dealings they did incourage people to joyn with them and which did most offence the King sent one Mr. Andrew Hunter a Minister to be his Preacher and attend him as a Chaplain nor did their folly or madnesse rather subsist here but even the moneys which had been collected in the Churches for the supply of Geneva which was then in trouble and deposed in the hands of Mr. Iames Melvill Minister of Anstruther were given to Robert Melvill and George Strong two Captains for leavying Souldiers to assist him Bothwell was then gathering new forces and had appointed with the Earls of Argile and Atholl to meet at Leith for the banishing of the Popish Lords and revenge of the Earle of Murray his slaughter that was the pretext and with them did the English Ambassadour keep intelligence This being discovered to the King one of his servants who had been spied in Bothwells company was committed in the Castle of Edinburgh Being examined he confessed that by direction of his Master he had spoken with Bothwell and Mr. Iohn Colvill and that he believed they had some enterprise in hand but what it was he knew not The King perceiving by his Confession that the Ambassadour had a secret dealing with Bothwell was greatly offended yet because he would not seem to infringe the priviledges of Ambassadors after he had checkt him with some sharp words he dimitted his servant and the Ambassador departed the King not vouchsafing him a farewell Bothwell in the mean time with the forces that he had gathered in the Borders being about 400 horsemen or thereby advanced and came to Leith the 2. of April at 3 of the clock in the morning The King remained at the time in Edinburgh not well accompanied yet hearing that Bothwell was come so high he commanded the Citizens and those that were with him to arm He himself going to Church made a speech at the end of the Sermon to the people for the removing the suspicions conceived of his favouring the Popish Lords and recounting Bothwells treacherous attempts desired them to remember that he was their King to whom they owed all fidelity and to consider in what case they themselves should be if Bothwell with his Borderers men given to theft and robbery should get the upper hand The hearers moved with his speeches shewed great forwardnesse and went incontinent to armes The Lord Hume was commanded to take the fields and lead the horsemen that were in town The King stayed with the foot and before them marched the Canon which was brought forth of the Castle and making directly towards Leith How soon Bothwell understood that the Kings forces were marching considering he could not equall them in number he removed from Leith and dividing his men in three troops took the way by Restalrig towards Dalkeith The Lord Hume with the horsemen followed to observe what course he held and the King with the foot removing to the other side of the town made his stand in the field called the Borrow moore Hume with his company being advanced so far as Muddry edge Bothwell turned upon him and being far superiour in horsemen gave him the chase which they that stood by the King perceiving advised him to return into the town but he refusing to stir answered That he would never quit the fields to a Traytor yet the danger was great and in the opinion of many if Bothwell had taken his course directly to the King and not pursued the chase so hotly he might have carried the day but in following it happened his horse to stumble and fall to the ground and he bruised with the fall was forced to retire That night he went to Dalkeith and on the morrow dissolved all his troops which when Atholl heard he also went back into his Countrey The Fiffe Captains with their souldiers arriving at Leith about midnight when they understood how things had passed turned saile and went sundry wayes This purpose so defeated the King sent the Lord Colvill and M. Edward Bruce to the Queen of England to complain of the misdemeanor of her Ambassador and the resset that Bothwell found in her kingdome In his letter to the Queen using a round plainness he said That although it had pleased her to commend the Ambassador she had imployed for a wise religious and honest man yet he had in his opinion been fitter to carry the message of an Herauld then a friendly Commission betwixt two neighbour Princes That he had seen nothing in him but pride and wilfulness and that therefore denying to give him any answer he chused to send the same by his own messengers whom he desired her to credit as himself in all that they had in charge to deliver For Bothwell he said That he wondred how notwithstanding of the many solemn promises made as well by her Ambassadors as by letters of her own hand that he should have no harbor within her Countrey yet was he not only resset by her people but suffered to reside in some of her proper houses and had received a good summe of English monie wherewith he waged both Scots and English in this late treacherous attempt To think this was by her direction or privity he would not so farre it was against all princely honour on the other part that she being so wise and prudent a Prince and having so long and so happily governed her kingdoms should be so slighted and contemned by a number of her subjects as that such things should be done without her knowledge it could hardly be believed wherefore leaving it to her self to solve these doubts he would onely remember her of the promise made at the delivery of Ororick an Irish rebell and desire her not to put him in ballance with such a traiterous counterpoise lest he should be constrained to say with the Poet Flectere si nequeo superos c. This was the substance of the letter the credit committed to them was to assure the Queen That seeing the Popish Lords had not imbraced the conditions offered he should prosecute the Lawes against them proscribe their persons and confiscate their lands and to crave of her as one whom that cause equally touched a supply of moneys till either they were expulsed the Realm or their persons apprehended and presented to justice The Queen excusing the oversight given to Bothwell by the
promising how soon the forfeiture was past to follow forth the same Onely at the 7. he tooke exception where it was desired that the subjects should put themselves in armes upon urgent â—ccasions for he had not as yet forgotten the stirs of the year preceding and would have none to arm but upon his own warrant Withall he sent Sir Robert Melvill and Alexander Hume of North Berwick with certain instructions to the Assembly whereof one was That they should inhibit the Ministers to utter any irreverent speeches in Pulpit against his Majesties person Councell or Estate under pain of deprivation and because one of their number called Iohn Rosse had in a Sermon preached before the Synod of Perth uttered divers treasonable and irreverent speeches of his Majesty it was craved that they should censure him as his fault had deserved Another was That they should excommunicate Mr. Andrew Hunter for the scandall he had brought upon their profession he being the first open Traitor of their function against a Christian King of their own Religion and their naturall Soveraign A third instruction was That by Act of Assembly Ministers should be ordained to disswade both by publick and private exhortation their flocks from concurring with Bothwell in his treasonable attempts or any other that should make insurrection against the authority established by God in his Majesties person The last was assented unto and an Act made thereof but the censure of the Minister Rosse was carried more slightly and he onely admonished to speak in time coming so reverently and discreetly of his Majesty as there might be no just cause of complaint against him Hunter was deposed from the Ministery as a desertor of his flock and one suspected to have joyned himself with the Kings rebells but the excommunication was not pronounced The Parliament did hold at the time appointed yet because the Noblemen convened slowly 3 or 4. dayes were spent without doing any thing In end when by the excuses that divers made a greater number was not expected they that were present assembled in the Parliament house and keeping the form accustomed made choice of a number for the Articles of Noblemen there were three Earls and six Lords onely present Beginning was made at the summons of forfeiture the Letters and blanks intercepted with Mr. George Ker presented and the hand-writs cognosced by witnesses Some question there was about the Blancks and that which should have been insert in them but the presumptions were so clear as none would doubt what the subject should have been Yet the Noblemen urged a delay of the triall to a more full convention which the King would not admit knowing what misinterpretings that would make and so by pluralities of voices the crimes of Treason were found to be sufficiently proved and the sentence of forfeiture pronounced against the three Earls and Achindown their Scutcheons of Arms as the manner is torn by Herauld and they declared to have lost their honours lands and estates for treasonable practises against the King and their Native Countrey In this Parliament divers Statutes were concluded some in favours of the Church and others very beneficiall to the Countrey as the Stature made for punishment of theft robbery and oppression another against usury and a third against buying of Pleas by Judges and other members of the Court of Justice The next moneth passed in receiving the Ambassadors that came to assist the Baptisme which in the latter end of August next was performed with great solemnity from England the Earl of Sussex was sent the King of Denmark the Duke of Brunswick Megelbrugh with the Estates of the united Provinces had their Ambassadours present But from the French King there came not any though they also were expected at the day appointed for the solemnity The Prince was brought from his own chamber to the Queens Chamber of presence and laid in a bed dressed in a most stately form the Ambassadours entered into the Chamber the Countess of Marre accompanied with a number of Ladies took up the Prince and delivered him to the Duke of Lennox who presented him to the Ambassadors Sussex as having the first place received him and carried him in his arms to the Chappell the rest marching in their ranks and followed by the Ladies of honour the Mistresse nurse and others of inferiour note Before them went the Lord Hume carrying the Ducall Crown the Lord Levingston carried the Towell or Napkin the Lord Seaton the Bason and the Lord Semple the Laver. Above the English Ambassadour there was a Pale or Canabie born by the Laird of Cesford Buclerogh Duddope and Traquier The Princes train was sustained by the Lords Sinclar and Urqhart In this manner they walked toward the Chappell a guard of the youths of Edinburgh well arrayed standing on each side of the way and the trumpets sounding Being entred the Chappell the King arose from his seat and received the Ambassadours at the doore of the Quire and then was the Prince delivered to the Duke of Lennox who gave him to the Nurse After which the Ambassadours were conveyed to their places which were ordered in this manner Upon the Kings right hand a chair was set for the French Ambassadour but this was empty next to him the Ambassadour of Denmark was placed on the left the English Ambassadour and Legier did fit and next after them the Ambassadours of Brunswick Megelburgh and the States every chair had a tassell boord covered with fine Velvet and the Ambassadour of England besides the others had office men standing by him to wait The Service did then begin and upon the end thereof the English Ambassadour arose and presented the Prince to the Bishop who was appointed to administer the Sacrament This was Mr. David Cunningham Bishop of Aberdene The action finished Mr. David Lindsey Minister at Leith had a learned speech in French to the Ambassadours After which they returned to the Chappell in the same order that they came Then was the Prince laid upon a bed of honour and his Titles in this sort proclaimed by the Lyon Herauld Henry Frederick Knight and Baron of Renfrew Lord of the Isles Earl of Karrick Duke of Rothsay Prince and Stewart of Scotland This done certain pieces of silver and gold were cast forth at a window among the people and a number of Knights created at night for it was in the afternoon that the Baptisme was ministred The Ambassadours with their train and the Noblemen present were royally feasted nothing lacking that was required to such a triumph The rest of the moneth was spent in Playes running at Tilt and such other exercises as might give delight to the strangers Amidst these joyes the King was not forgetting his own serious affairs sent his Secretary Sir Richard Cockborne of Clerkinton to England to desire the Queens assistance in pursuing the Popish Lords according to the many promises made by the Lord Souche and Mr. Bowes that how soon he should
were suspected to have suffered her in those conceipts he shewed himself much displeased and chiding them bitterly followed the Queen to Striveling where he remained not long but returning to Falkland left to the Earl of Marre a Warrant written with his own hand and conceived in this form My Lord of Marre because in the surety of my son consisteth my surety and I have concredited unto you the charge of his keeping upon the trust I have of your honesty this I command you out of my own mouth being in the company of those I like otherwise for any charge or necessity that can come from me you shall not deliver him And in case God call me at any time see that neither for the Queen nor Estates their pleasure you deliver him till he be 18 years of age and that he command you himself Striveling the 24 of July 1595. This warrant as it shewed the Kings displeasure at those that had combined in the plots so it declared the great trust he put in the Nobleman Shortly after the Chancellor taking to heart the Kings offence contracted a hearty sickness at his house of Lawder and sending his Cousen the secretary to the King who remained then at Hamilton did by him excuse the dealing in that matter and with a solemn protestation of his fidelity in all his Majesties services seriously commend his Lady children and friends now that he was to end his life to his Majesties protection The King was much troubled with the news and wrote unto him with his own hand the letter following Chancellor how sorry I am of these newes I leave it to your self to judge I was never a dissembler of my affections And yet I trust that God will not spoil me of you so untimely Therefore will pray you so farre as you may with a valiant heart resist the assaults of your sickness hoping in the goodness of my fortune that God will reserve you yet to me as Hezekiah was to his people for the necessity between Prince and subject is reciproque nor can any sickness how heavy soever it be take away the life if God cut not the threads thereof As to your suits if God calls you I need no remembrance for since I made you a pattern of my constant favour during your life as your self hath oft time said I am much more bound of Princely duty to make your wife and posteritie that bears your image a vive representation of my thankfull memory And to comfort you in this remember what I have done to the Duke and my Lady Huntley for their fathers sake This may assure you that in case of the worst which God forbid your thoughts shall be prevented herein by my thankfull behaviour to them and for your cousin the Secretary he shall be the better at my hand in losing you But I green to hear better newes And if time and distance of place could have permitted me in any way I should not have spared to have carried my own message my self God send you your health and keep you to me and to your Native Countrey This shewed in what account the King held him and in truth he deserved nothing lesse for he was a man of rare parts and of a deep wit learned full of courage and most faithfull to his King and Master In that last businesse which the Queen went about of taking the Prince from the Earl of Marre he was consenting for the two Noble men had their private emulations but it was ever with a reservation of his Majesties pleasure No man did ever carry himself in his place more wisely nor sustain it more courageously against his enemies then he did Being visited in his sicknesse by Mr. Robert Bruce and the Ministers of Edinburgh he expressed a great contempt of the world and of the vanities of it lamenting that he had not done the good which he would and might have done in his place being impeded as he said by the malice of his adversaries who were ever plotting his death and ruine Two moneths he continued under that languishing sicknesse and ended his dayes most happily the 3. of October 1595. The King did greatly lament his death and honoured him with this Epitaph Thou passenger that spies with gazing eyes This Trophy sad of deaths triumphant dart Consider when this outward Tombe thou sees How rare a man leaves here his earthly part His wisedome and his uprightnesse of heart His pietie his practice of our State His quick Engine so verst in every Art As equally not all were in debate Thus justly hath his death brought forth of late An heavy grief in Prince and Subjects all That virtue love and vice do bear at hate Though vitious men rejoyces at his fall So for himself most happy doth he die Though for his Prince it most unhappy be Others for all this spared not to expresse their malice in Libells and Rythmes after his death some whereof were cast in the Kings Chamber at Linlithgow and other places but as the Authours were not known so were the Rythmes despised and contemned by all good men His body was some dayes after conveyed to Hadington and solemnly interred in the Sepulchre of his fathers This year was by the vulgar people reckoned among the ill years because of the dearth and scarcity of Corns which the aboundance of winds in the Harvest time had caused yet for the bloodshed and slaughters committed in all quarters of the Countrey was it more justly to be so accounted For in the South parts the Iohnstons and Maxwells had a bloody conflict wherein divers were killed the greatest losse falling upon the Maxwells that went from the West parts besides Glasgow to assist their friends in the South In the Isles and Highlands were likewise great troubles nor was the Incountrey more quiet bloods and slaughters dayly falling out in every place Among which none was more odious then the slaughter of David Forrester Citizen of Striveling killed as he was returning from Edinburgh by some that lay in wait for his life The Lairds of Arth and Dunnypearce were thought to have hounded out the committers upon a spleen conceived against the Gentleman for the credit he had with his Master the Earl of Marre for no other quarrell could be pretended The Nobleman taking this greatly to heart caused to bring the body of his servant to Linlithgow for he was killed nigh to Linlithgow with his whole friendship conveyed the same to Striveling there to be interred carying along the portraite of the dead with the wounds he had received in a white sheet to move the beholders to a great detestation of the fact The Corps buried the Earl following the course of Law the Lords Levingston and Elphingston did partie the Committers And though the King by his Proclamation did prohibit the assisting either of the pursuit or defenders commanding Justice to be done nothing could take effect in
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
Noblemen Barons Gentlemen Burgesses and Ministers this day by the mercy of God convened do beseech your Majesty to apprehend the great danger wherein the state of Religion Common-wealth and your Majesties own honour and person are brought by the means of crafty and deceitfull Counsellours who respecting onely their own preferment and standing labour to file your Majesties eyes that you should not perceive their courses for albeit it hath pleased God to endue your Majesty with knowledge wisdome and graces beyond all Princes that have ruled this kingdome at any time yet it is no strange thing to behold good Kings brought upon ill courses by the devices of such as pretend love but in very deed hate them maliciously That such courses are now in hand please your Majesty to consider what a division is made and entertained between your Majesty and the Church who was ever to this time inseparably joyned and how under colorable pretexts the liberty of preaching and faithfull applying of the word is sought to be restrained and taken away which cannot but bring many evils and inconveniencies with it as this days tumult may partly teach And now seeing blessed be God the same is setled without the harm of any person for preventing the like or worse we humbly desire the Articles following to be weighed and considered by your Majesty 1 That professed Papists processed by the Church be not suffered to reside at Court and that the Lady Huntley and Lord Sauwhar be removed and sent home 2 That Alexander Seaton President Mr. Thomas Hamilton Advocate and Mr. Iames Elphingston be not admitted to sit in Councell at least when the cause of Religion and matters of the Church are treated seeing they are enemies to the quietness thereof and have by their devices raised the troubles that presently do vex the same 3 That the Acts of Councel Proclamations Decrees and Interloquutors passed in prejudice of the Church and Ministers these last five weeks be rescinded and annulled 4 That the Commissioners of the Church be recalled by Proclamation and the Burgesses of the Town permitted to remain and attend their callings 5 That the bond advised by the foresaid enemies to be subscrived by all the Ministers under the pain of losing their Benefices and stipends be discharged seeing the same is prejudiciall to the Gospel and that Commission as use is to modifie stipends for the present year Lastly that an Act of Councell be made allowing the proceedings of the Church and the concurrencie given them by the Noblemen Barons and others in the present action It was late and the night fallen before these Articles were put in form the day being then at the shortest the persons chosen to present them were the Lairds of Bargenny Pâ—tarrow Faudonside Mr. David Lindesay and Mr. Robert Rollock Before their coming the Councell had concluded not to receive the Petitions as was promised and to commit those that did present them yet doubtfull what might be the event thereof it was thought fitter to terrifie them from presenting the same for this effect the Lord Ochiltry was appointed to meet them at the utter gate who drawing Bargenny aside advised him to go back because of the anger which the King had conceived and to meddle no more in that business for the King he said knew he was brought upon it unwillingly and would excuse his part if he went no further Bargenny forthinking his imployment and not knowing how to colour it to his associates the Lord Ochiltry drew them aside and said that he had brought the Laird of Bargenny to the Town for affairs that did neerly touch him and that he did not think to meet with such business at his coming therefore desired them to have his friend excused for that time and seeing they were a number sufficient to doe the errand they might goe to it or if they pleased to delay the same to the next morrow he should be with them They answered that they were alse little foreseen at their coming of those matters as he was and seeing they were all joyned in one Commission if he was the principall did decline it they could doe nothing by themselves and so the businese was left for that night In the morning early the King and Councell departed to Linlithgow leaving a Proclamation which was presently published at the Market Cross of Edinbough of this Tenor. That the King considering the late treasonable uproar moved by certain factious persons of the Ministery of Edinburgh who after they had uttered most seditious speeches in Pulpit did convene a number of Noblemen Barons and others in the little Church and sent some of their number to his Majesty being then in the upper house of Session using him in a most irreverent manner and with speeches ill-beseeming any subject And that a multitude of the Townsmen by perswasion of the said Ministery had treasonably put themselves in Armes intending to bereave his Majesty and his Councell of their lives did think the said Town an unfit place for the ministration of justice and had therefore ordained the Lords of Session the Sheriffs Commissioners and Justice with their severall members and Deputies to remove themselves forth of the Town of Edinburgh and be in readiness to repair unto such places as should be appointed commanding in like sort all Noblemen and Barons to dispatch unto their houses and not to presume to convene either in that or any other place without his Majesties licence under the pain of his Highness displeasure This Proclamation with the Kings suddain departing wrought a great alteration in the mindes of the people They began then to see their errour and lookt heavy one upon another the better sort being in a great perplexity what they should doe called their Councel together but could not resolve what course to take To follow the King and plead for the Town they could not think any of them would be accepted and it being the last day of the week hardly would any others undertake the imployment so as they saw no way but to be quiet till they heard what the King and Councell concluded to doe But the Ministers persisting in their first resolution laboured to have the Noblemen and Barons remain together and to send for others well-affected in Religion who as they thought would joyn in the cause A Bond to this effect was drawn up and subscrived by some few The Councell of the Town excused themselves saying Their good will was known and that they were not to leave their dwellings which made divers keep back their hands Alwaies it was thought meet that the Ministers should write to the Lord Hamilton and the Laird of Bacleugh of whose assistance they held themselves assured intreating them to repair to the Town and countenance the cause as likewise that the rest of the Ministers in the Countrey should be convened as unto a Generall Assembly and desired to bring with them the best
into consideration how soon and in what manner it shall seem best to your Majesties excellent wisdome to inspire a new life into this languishing body the circumstances whereof are wholly to be left to your Majesty holding it enough for us humbly to acknowledge our selves your true subjects ready to obey all your commandments assuing you with all that as we have hereby as many of us as have underwritten this letter declared our recognition and humble submission to your Majâ—sties soveraign power and right so we do know by all good proofs that the minde of the rest of the Nobility and all others who are absent in their severall qualities places and charges whom the time permitted not without the prejudice of your affairs to assemble so soon as we were desirous this should be performed are wholly and absolutely with us in all zeal and duety for all things that shall be imposed upon them by your royall will and pleasure Further we have thought meet and necessary to advertise your Highness that Sir Robert Cary this morning departed from hence towards your Majesty not onely without the consent of any of us who were present at Richmond at the time of our late Soveraigns decease but also contrary to such commandement as we had power to lay upon him and to all decency and good manners and respect which he ought to so many persons of our degree whereby it may be that your Majesty hearing by a bare report onely of the death of the late Queen and not of our care and diligence in establishment of your Majesties right here in such manner as is above specified may conceive doubts of other nature then God be thanked there is cause you should which we would have clearly prevented if he had born so much respect to us as to have stayed for a common relation of our proceedings and not thought it better to anticipate the same for we would have been loath that any person of quality should have gone from hence who should not with the report of her death have been able to declare the first effects of our assured loyalties And lastly it may please your Majesty to receive this advertisement that of late there was made ready by the commandement of the Queen our Mistresse a good fleet of eight or ten of her ships well manned and furnished under the charge of Sir Richard Lawson Knight to have been employed upon the coast of Spain which employment by her decease is ceased for want of Commission to exercise the saine and now is kept together in the narrow Seas to prevent any suddain attempt against the Low Countreys and that now there is nothing either of land or sea that is not yours it may please your Majesty to signifie your pleasure concerning that Fleet and whether you will have it or any part thereof resort to your coast of Scotland where it may serve you either for the safe convoy of your person to this realm if there shall because to use it in this manner or to transport any of yours whilest you come by land or any other service In which point we humbly beseech you to make known under whose charge it shall beyour pleasure the whole Fleet or any part thereof shall come unto you And this being all that for the present doth occurre to be advertised to your Majesty by us whose mindes are occupied about the conservation of this your realm in peace as farre forth as by any power for your Majesties service onely assumed the interruption thereof may be prevented saving that we have sent a Copy of the Proclamation made here to your Majesties deputy of Ireland to be published in that kingdome we will and with our humble prayers to Almighty God that we may be so happy as speedily to enjoy the comfortable presence of your Highness royall person amongst us the onely object of that glory and those felicities which in the earth we have proponed to our selves Written in your Majesties City of London the 24 of March 1603 at ten hours of the clock at night This Letter was subscribed by Robert Leigh Mayor John Canterbury Thomas Egerton Thomas Buckhurst Nottingham Northumberland Gilbert Shrewsbury William Darby Edward Worcester Geo. Cumberland R. Suffex Henry Lincoln Pembroke Clanrickard G. Hunsdon Tho. Howard Richard London Robert Hartford John Norwich Morley Henry Cobham Thomas Laware Gray Edward Cromwell R. Riche Lumley Chandois W. Compton W. Knowlles Edward Wootton John Stanhop Raleigh John Fortescue and John Popham The King having imparted this letter to the Councell it was thought meet that the Contents thereof should be published for begetting a greater kindness betwixt the people and the two Kingdomes whereupon a Proclamation was made shewing That the Queen before her death continuing in that loving affection which she professed to his Majesty all the course of her life had declared him her only true heir and successor in the imperiall Crownes of England France and Ireland and that the Lords Spirituall and Temporall assisted by the Lord Maior of London and others of the Gentry of good quality had upon the 24 of March last proclaimed him their only liege Lord and undoubted Soveraign which being the most cleer demonstration that a people could give of their affection and a sure pledge of their future obedience ought to move all true hearted subjects to account of them no otherwise then as their brethren and friends and to forget and bury all quarrels and grounds of former dissensions That therefore none should pretend ignorance nor carry themselves in any unkind sort towards the inhabitants of England his Majesty with the advice of the Lords of Councell had ordained Proclamation to be made of the premisses assuring them that should so apply themselves of his gracious favour when occasion presented and certifying such as did in the contrary that they should incurre his wrath and extreme displeasure This notwithstanding the word no sooner came of the Queens death then the loose and broken men in the borders assembling in companies made incursions upon England doing what in them lay to divide the two Kingdomes which the year following was severely punished the principals that were tried to have been partners in that business being all executed to the death The King in the mean time giving order for his journey did appoint the Queen to follow him some twenty dayes after and for his children ordained the Prince to remain at Striveling the Duke of Albany his brother to abide with the Lord Fyvie President of the Session and the Princess Elizabeth their sister with Alexander Earl of Linlithgow To the Lords of Councell an ample Commission was given for the administration of all affairs receiving resignations hearing the accounts of the Exchequer continuing daies of law adjoining assessors to the justice granting of licences to depart forth of the Realm altering the place of their residence as they should find it convenient repressing the troubles of 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
Majesties use as being convicted of the foresaid treasonable crimes His life upon the Queens intercession was spared and he returned to his prison in Falkland where he abode some moneths being thereafter licensed to go unto his house in Balmerinoch he dyed as was thought of grief and sorrow A man of abilities sufficient for the places he injoyed in Session and Councell but one that made small conscience of his doings and measured all things according to the gain he made by them The possessions he acquired of the Church kept him still an enemy unto it for he feared a restitution should be made of those livings if ever the Clergy did attain unto credit Not long before he fell in his trouble the King had imployed him to deal with the Lords of Session among whom he carried a great sway for restoring the Ecclesiasticall Jurisdiction to the Bishops but he taking ways that he thought should not have been perceived to disappoint the errand drew upon himself the Kings displeasure and fared nothing the better because of his miscarriage in that business when this occasion was offered It is not for those that serve Princes and are trusted by them in the greatest affairs to deal deceitfully with their Masters for seldome have any taken that course and have not in the end found the smart thereof A Parliament was this year kept at Edinburgh the 24 of Iune the Earl Marshall being Commissioner for the King wherein the Acts concluded in the preceding convention were ratified the jurisdiction of Commissaries restored to the Church the Justices of peace commanded to be setled in every shire and a Statute made for the Apparell of Iudges Magistrates and Churchmen which were all remitted to his Majesties appointment Patterns accordingly were sent from London not long after for the apparell of the Lords of Sessions the Justice other inferiour Judges for Advocates Lawyers Commissars and all that lived by practise of law and command given to every one whom the Statutes concerned to provide themselves of the habits prescribed within a certain space under the pain of Rebellion Such was the Kings care to have those who were in publick charge held in due respect and dignosced whither soever they came The King by his Letters was now daily urging the Bishops to take upon them the administration of all Church affairs and they unwilling to make any change without the knowledge and approbation of the Ministers an assembly to this effect was appointed to hold at Glasgow the 6 of Iune The Earl of Dunbar Sir Iohn Preston President of the Session and Sir Alexander Hay Secretary which two had succeeded to Balmerinoch his places being Commissioners for the King the Archbishop of Glasgow was elected to preside There a Proposition was made by the Commissioners of certain point of Discipline which his Majesty craved to be determined That all things might be done thereafter orderly in the Church and with that consent and harmony which was fitting among preachers Some three daies being spent in reasoning at last the conclusions following were enacted 1 The Assembly did acknowledge the indiction of all such generall Assemblies of the Church to belong to his Majesty by the prerogative of his Crown and all convocations in that kind without his licence to be meerly unlawfull condemning the conventicle of Aberdene made in the year 1605 as having no warrant from his Majesty and contrary to the prohibition he had given 2 That Synods should be kept in every Dioces twice in the year viz. in Aprill and October and be moderated by the Archbishop or Bishop of the Dioces or where the Dioceses are so large as all the Ministers cannot conveniently assemble at one place that there be one or moe had and in the Bishops absence the place of Moderation supplied by the most worthy Minister having charge in the bounds such as the Archbishop or Bishop shall appoint 3 That no sentence of excommunication or absolution from the same be pronounced against or in favour of any person without the knowledge and approbation of the Bishop of the Dioces who must be answerable unto God and his Majesty for the formall and unpartiall proceeding thereof And the process being found formall that the sentence be pronounced at the Bishops direction by the Minister of the Parish where the offender hath his dwelling and the process did first begin 4 That all presentations in time coming be directed to the Archbishop or Bishop of the Dioces within which the Benefice that is void lieth with power to the Archbishop or Bishop to dispone or conferre the Benefices that are void within the Dioces after the lapse Iure devoluto 5 That in the deposition of Ministers upon any occasion the Bishop do associate to himself some of the Ministers within the bounds where the delinquent serveth and after just triall of the fact and merit of it pronounce the sentence of deprivation The like order to be observed in the suspension of Ministers from the exercise of their function 6 That every Minister at his admission swear obedience to his Majesty and to his Ordinary according to the form agreed upon Anno 1571. 7 The visitations of the Dioces be made by the Bishop himself and if the bounds be greater then he can well undertake by such a worthy man of the Minsterie within the Diocese as he shall choose to visit in his place And whatsoever Minister without just cause or lawfull excuse shall absent himself from the visitation or Diocesan assembly be suspended from his Office and Benefice and if he doe not amend deprived 8 That the convention of Ministers for exercise be moderated by the Bishop being present and in his absence by any Minister that he shall nominate in his Synod 9 And last it was ordained that no Minister should speak against any of the foresaid conclusions in publick nor dispute the question of equality or inequality of Ministery as tending only to the intertainment of Schisme in the Church and violation of the peace thereof These conclusions taken it was complained in behalf of the Moderators of Presbyteries who had served since the yeare 1606. That notwithstanding of their promise made at their accepting of the Charge they had received no payment at all of the stipend allowed Which the Earl of Dunbarre excused by his absence forth of the Countrey affirming That unto that time there was never any motion made thereof to him and that before the dissolving of that Assembly he should cause satisfaction to be given to them for the time past declaring withall That seeing order was taken for the moderation of Presbyteries in time coming his Majesties Thesaurer should not be any further burthened with that paiment The Ministers therein remiting themselves to his Majesties good pleasure gave his Lordship thanks for that he had offered which he did also see performed som five thousand pounds Scots being distributed by the Thesaurers servants among those that
Kings resolution to visit the Kingdom which he said did proceed of a longing he had to see the place of his breeding a Salmon-like instinct as he was pleased to call it and because he knew that evill disposed persons would disperse rumours as if he came to make alterations in the civill and ecclesiasticall Estate he commanded Proclamation to be made for certifying the subjects of the contrary It was true he said that he desired to doe some good at his coming and to have abuses reformed both in the Church and Common-wealth yet foreseing the impediments that his good intentions would meet with and regarding the love of his people no less then their benefit he would be loath to give them any discontent and therefore willed all his good subjects to lay aside their jealousies and accommodate themselves in the best sort they could for his receiving and the entertainment of the Noblemen of England who were to accompany him in the journey The Earl of Marre was at that time made Thesaurer and Sir Gedeon Murray continued in his depuâ—ation A motion had been made a little before for appointing a Commissioner or Deputie in the Kingdome which was hearkened unto by the King as that which would ease him of many vexations and in his absence maintain a face of court and breed a great respect among the people and so farre was that purpose advanced as both the King had made offer of the place to the Earl of Marre and he yielded to accept the same but this breaking out and coming to the Chancellors knowledge whether that he desired not to have any in place above himself or as he pretended wishing the Noblemans good he diverted him from accepting that charge and brought him to embrace the office of Thesaurer as the most profitable and that which should bring with it a less envy Sir Gedeon had the intromission withall as when Somerset was in place and did provide things so carefully and with such foresight as when the King came he found nothing lacking that was required for a Royall and Princely entertainment Among other directions sent from the King one was for repairing of the Chappell and some English carpenters employed who brought with them the portraits of the Apostles to be set in the Pews or Stalls as they were proceeding in their work a foolish and idle rumour went that Images were to be set up in the Chappell and as people are given to speak the worst it was current among them that the Organs came first now the Images and ere long they should have the Masse The Bishop of Galloway then Dean of the Chappell moved with these speeches did pen a letter to the King entreating his Majesty for the offence that was taken to stay the affixing of these portraits To this letter he procured the subscriptions of the Archbishop of S. Andrews the Bishops of Aberdene and Berchin and divers of the Ministers of Edinburgh The answer returned by the King was full of anger objecting ignorance unto them that could not distinguish betwixt pictures intended for ornament and decoration and images erected for worship and adoration and resembling them to the Constable of Castile who being sent to swear the peace concluded with Spain when he understood the business was to be performed in the Chappell where some anthems were to be sung desired that whatsoever was sung Gods name might not be used in it and that being forborn he was content they should sing what they listed just so said the King you can endure Lyons Dragons and Devills to be figured in your Churches but will not allow the like place to the Patriarchs and Apostles His Majesty alwaies gave order for some other form and staying the erecting of these portraits which in the same letter he said was not done for ease of their hearts or confirming them in their errour but because the work could not be done so quickly in that kind as was first appointed This letter was of the date at Whitehall the 13 of March 1617. The King was much laboured to deferre his journey to the next year when as he should find things better prepared but he refusing to hearken to any such motion made the greater haste and in the beginning of May came to Berwick where he was met with divers of the Councell and by their advice the Parliament which had been indicted to the 17 of May prorogued to the 13 of Iune All this time intervened the King spent in a progress through the Countrey makingâ— his entry in the speciall Burghs after a most Royall manner and welcomed with all the expressions of joy that could be devised At the day appoynted the Estates were frequently assembled where his Majesty made a long speech for the establishing Religion and Iustice neither of which he said could be lookt for so long as a regard was not had to the Ministers of both For Religion he complained That notwithstanding of the long profession of the truth numbers of Churches remained unplanted and of those that were planted few or none had any competent maintenance for this he wished some course to be taken and certain Commissioners to be chosen for appointing to every Church a perpetuall locall stipend such as might suffice to entertain a Minister and make him able to attend on his charge of justice He discoursed long remembring the pains he had taken as well when he lived among them as since his going into England and how he had placed Iustices and Constables a most ladable kind of government for the preserving of peace and the keeping of the laws in due regard which he understood as he said to be much neglected partly in default of some that were named to those places and held it a scorne to be employed in such a charge and partly by the opposition which the Lords and great men of the Countrey made unto them and to their settling but he would have both the one and other to know that as it was a place of no small honour to be a Minister of the Kings Iustice in the service of the Common wealth so he did esteem none to deserve better at his hands then they who gave countenance thereto as on the other part whosoever should shew themselves hinderers thereof should be accounted with him enemies to his Crown and the quiet of the Kingdom In end he said that he had long striven to have the barbarities of the Countrey which they knew to be too many removed and extinct and in place thereof Civility and Iustice established and that he would still indevour to doe his best that way till he might say of Scotland as one of the Emperours said of Rome Inveni lateritiam relinquo marmoream The King having closed and the Lords gone apart to choose those that should be upon the Articles the humours of some discontented Lords begun to kithe for whosoever were by the
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