the Queen their Kings mother Therefore willed him and his associates to consider what hurt and danger they should draw upon themselves by accusing her in such a publick form not onely with those of her own Nation that loved the Queen but also with other Christian Princes especially with her cousins in France and what could they answer unto the King when he being of ripe years should esteem that manner of doing dishonorable to himself his mother and whole Kingdom They notwithstanding went on and presented their answer conceived in the terms following The King Henry father to their soveraign Lord the King now reigning being horribly murthered in his bed Iames sometimes Earl of Bothwell who was known to be the chief Author thereof entered in such credit with the Queen then their Soveraign as within two moneths after the murther committed he openly attempted a rape of her person and carried her to Dumbar Castle where he did keep her as captive a certain space causing a divorce to be led betwixt him and his lawfull wife and upon the conclusion thereof did suddenly accomplish a pretended marriage with the Queea which insolent proceedings together with the shamefull report that passed in all Nations of the Kings murther as if the whole Nobility had been alike culpable thereof so moved the hearts of a good number of them as they thought nothing could be performed more honourable to themselves in the sight of all the world then by punishing the said Earl who had committed the murther to free themselves of the vile reports spread every where to set the Queen at liberty from the bondage of that traitour who had so presumptuously interprised the rape and marriage of her whose lawfull husband he could not be and to preserve the innocent person of the King from the hands of him that had murthered his father For which purpose they taking arms when the said Earl came against them with forces leading in his company the Queen to defend his wickednesse they offered for sparing the blood of innocent men to decide the quarrell in a single combate whereof himself by Cartell and Proclamation and sundry times made offer But after many shifts he in end directly refused the same and the Queen prefering his impunity to her own honour that he might have leasure to escape came willingly to the Noblemen that were in Arms and conferred with them a certain space after which they conveyed her to Edinburgh informing her of the true causes that moved them to that form of dealing did humbly intreat her Majesty to suffer the said Earl and others the King her husbands murtherers to be punished according to the laws and the ptetended marriage wherein she was rashly entered to be dissolved as well for her own honour as for the safety of her son and quietnesse of the Realm and Subjects But having received no other answer but rigerous threats against the Noblemen and she avouching to be revenged upon all those that had shown themselves in that cause they were driven by necessity to sequestrate her person for a season from the company of Bothwell and the keeping of any intelligence with him untill punishment might be taken of him as murtherer of the King her husband In the mean time she finding her self wearied with the troubles of government and perceiving by things that had passed before that time betwixt her and the people that neither could she well allow of their doings nor they like of her forms upon these and other consirations she voluntarily resigned her Kingdome and transferred the same unto her son appointing the Earl of Murray who was at that time absent forth of the Realme to be Regent during her sonnes minority and in case of the said Earles decease or not acceptance of the said Office divers other Noblemen whose names are expressed in the Commissions signed by her self and sealed with the seals of the Kingdom The King hereupon being duely rightly and orderly crowned and anointed and the Earl of Murray after his return lawfully placed and admitted Regent all those things were ratified and confirmed by the three Estates of Parliament most of these that had withdrawn themselves from his authority being present and giving their consent to the same Notthelesfe when as matters were thus established and the Kings authority univerâ—ally obeyed without contradiction certain persons envying the publick quietnesse had by their subtile practices first brought the Queen out of Lochlevin and afterwards by open force against their promised fidelity gone about to subvert the government received wherein as they were proceeding it pleased God to disappoint their interprise and give unto the King and those who stood for his authority a notable victory unpon the 13. day of May last Wherefore their desire was that the King and the Regent might peaceably rule and govern the subjects according to the authority they had received of God and that the same might be conserved and established against the factions of turbulent subjects The Commissioners of the Queen of Scots having seen this answer made a long and particular reply to all the points thereof wherein adhering to their former protestation first they said That the pretext of taking arms against the Queen because Bothwell the authour of her husbands murther was in such favour with her could not warrant their rebellion fith it never was made known to the Queen that he was the murtherer But to the contrary Bothwell being indited and orderly summoned to underly the triall of Law he was by the judgement of his Peers absolved and the same absolution ratified by the authority of Parliament where the principalls that now accuse him and had withdrawn themselves from her Majesties obedience were present and not onely consented to his purgation but solicited the Queen to take him to her husband as the man most worthy to bear rule of any other in all the Realm giving their bonds to defend him against all that should pursue him for the said crime as their subscriptions would testifie And so neither before the marriage with Bothwell nor after did they or any of them which had been the dutie of true subjects so much as in words utter their dislike of it or advertise her Majesty of the suspicions that were taken of him untill they had drawn the keeper of the Castle of Edinburgh and the Provost of the town to their faction Then secretly putting themselves in arms they suddenly under silence of night invironed the Castle of Borthwick where her Majesty remained and after she had escaped to Dumbar levied an army under pretence to defend the Queen wherewith invading her person in the way berwixt Dumbar and Edinburgh they did take her Majesty captive And where they alledge that her Majesty preferring the impunity of Bothwell to her own honour made him to be conveighed safely away The same was most untrue for they themselves sent the Laird of Grange to her Majesty desiring her to cause Bothwell
the Queen his sister or others who had interest in the business that his consent was extorted and not willingly given To this effect he advised him to send the Laird of Lethington to England with speed as the wisest and most sufficient man he could chuse who would provide for him the rest that had assisted him substantially and assuredly His conscience he said some over precise objections might perhaps trouble him but if he could have espied any other thing then his overthrow in resisting he would not have written so peremptorily unto him Then concluded with these words No mans friendship will be more embraced then yours no mans estimation be greater if you shal conform your self concurwith your friends in thisâ— contrariwise if you withstand or become an adverse party you wil be so incumbred both from hence from thence all other places as no man can advise you what to do Therefore God send you to direct your course for the best This letter was accompanied with another from Sir Nicholas to Lethington wherein he shewed that according to his advice he had written to the Regent with a great zeal and care of his well doing these were the words he used and requested he should hasten his coming to Court for that businesse the same being as yet concealed from the Queen till he as the fittest Minister might propone the same in behalf of the Regent and Nobility of Scotland whereunto he held it assured the Queen would assent as preferring her own surety the tranquillity of her Kingdom and conservation of her people before any device that might proceed from the inconsiderate passions of whomsoever And that he might be the more incouraged he did inform him particularly of the Duke of Norfolks consent and the approbation of the Earls of Arundel Pembrook Leicester Bedford Shrewsbury and the rest of the wisest noblest ablest and mightiest of that Realm And it was truth that he wrote of their consenting howbeit with a condition so that the Queen of England was not against it yea beside these divers well affected both to Religion and State did wish the purpose a good successe for perceiving no inclination in the Queen of England her self to take a husband they feared the Queen of Scots who was her undoubted heir by matching with some forain Prince might endanger both Religion and State and therefore desired the marriage with the Duke might take effect he being a Nobleman of England beloved of the people and educated in the Protestant Religion for by this match as they made account if it should happen the young King to die the two Kingdomes might be united in a Prince of the English Nation or if he lived unto a ripe age he might be married with the Dukes youngest daughter who was near of the same age and that way the two Crowns be made one But these devices proved idle and vain as we shall hear The Regent for answering these letters did appoint a meeting of the Estates at Perth in Iuly thereafter At which time an Assembly of the Church was also kept in Edinburgh and from it Commissioners directed to the Convention to renew the Petitions made the year preceding that as yet had received no answer And further to desire that a portion of the tithes might be allotted for sustentation of the poor the labourers of the ground permitted to gather the tithes of their proper corns paying for the same a reasonable duty and that the thirds of Benefices being really separated from the two other parts the Collectors of the Church might peaceably intromet therewith for the more ready paiment of Ministers according to their assignations But these Petitions in regard of the more weighty businesse were deferred to another time And the Convention falling to consider the letters sent from England did hardly accord upon an answer Beginning with that of the Queen of England they judged the first condition so derogatory to the Kings authority as they did simply reject it The second of Association was held dangerous and third onely thought reasonable and meet to be accepted But when they came to speak of the Queen of Scots desires the contention was great they that stood for the Kings authority taking exception first of her imperious form of writing and that she did command them as though she were their absolute Queen then at the desire it self they excepted not holding it safe to condescend unto the same before the Queen of England should be acquainted therewith for they conceived some other thing to be lurking under that purpose of divorce then was openly pretended Such as affected the Queen and were privy to the marriage intended with Northfolk excusing the form of writing and laying the blame upon her Secretaries made offer to procure new letters in what tearms they pleased so as judges were named to proceed in the divorce and when they saw this not to be regarded in a chasing mood they said That it was strange to think how that they not many moneths passed seemed to desire nothing more then the Queenes separation from Bothwell should now when it was offered decline the same It was answered again in heat That if the Queen was so earnest in the Divorce she might write to the King of Denmark and desire him to doe justice upon Bothwell for the murther of the King her husband That done the divorce would not be needfull and she freed to marry where and when she pleased The Conventâ— on breaking up and neither the Queens faction obtaining what they desired nor Lethington the imployment which he affected new suspitions began to rise on all sides and as in the most secret practices somewhat alwayes is bursting forth a rumour went riâ—e amongst the common sort that some great interprise was in hand which would bring with it a wonderfull change in both Kingdomes Mr. Iohn Wood one of the Regents domesticks being sent with the answer of the convention did signifie to the Queen of England the business made about the divorce and what was done concerning it but she not seeming to regard the matter professed that she was not satisfied with the answer of the convention and desired they should think better of the conditions proposed The truth was that she held not the Gentleman of sufficient quality to deal in such business for otherwise she was not ignorant of the cause wherefore the divorce was sought and had warned Northfolk to take heed on what pillow he laid his head yea she took so ill the Queen of Scots carriage in that matter as shortly after she caused her to be removed to Coventry more within the Countrey and gave her in custody to George Talbot Earl of Shrewsbury and Edward Hastings Earl of Huntingdon The Regent upon his servants return convened the Nobility again at Striveling where in effect the same answer that of before was given to the Propositions made by the Queen of England and
Dagamus the Bishop who is come hither and by Columbanus the Abbot in France that the Scots differ nothing in their observations from the Britains for Bishop Dagamus being here refused not onely to eat with us but even to stay in the same Inne or Lodging I finde no answer returned to this letter some thirteen years after Honorius Bishop of Rome did move the matter of new and in his letters directed to the Church of Scotland exhorted them Ne paucitatem suam in extremis terrae finibus constitutam sapieâ—tiorem antiquis sive modernis quae per orbem terrae erant Christi Ecclesiis aestimarent neve contra Paschales compuâ—os decreta Synodalia totius orbis Pontificum aliud Pascha celebrarent That they being a few and seated in the utmost borders of the earth would not think themselves more wise then the Ancient or Modern Churches of Christ through the whole world and that they would not celebrate another Easter contrary to the Paschal compts and Synodal decrees of the Bishops of the whole world Pope Honorius dying Severinus that succeeded insisted for an answer which was sent but he also departing this life before the same came to Rome the Clergy there replyed as followes Dilectissimis sanctissimis Thomiano Columbano Chromano Dimao Bathano Episcopis Chromano Hermanno Laustrano Stellano Sergiano Presbyteris Sarano caeterÃsque Doctoribus seu Abbatibus Scotis Hilaricus Archipresbyter servans locum sedis Apostolicae Johannes diaconus in nomine Dei electus item Joannes primicerius servans locum sanctae sedis Apostolicae Joannes servus Dei Consiliarius ejusdem sedis Apostolicae Scripta quae latores ad sanctae memoriae Severinum adduxerunt eo de hac luce migrante reciproca responsa ad ea quae postulata fuerant siluerunt Quibus reseratisâ— ne diu tantae quaestionis caligo indiscussa remaneret reperimus quosdam provinciae vestrae contra orthodoxam fidem novam de veteri heresin renovare conantes Pascha nostrum in quo immolatus est Christus nebulosa caligine refutantes et quarta decima luna cum Hebraeis celebrare nitentes c. Deinde exposita ratione Paschalis observantiae de Pelagianis subdunt Et hoc quoque cognovimus quod virus Pelagianae haereseos apud vos denuo reviviscat quod omnino hortamur ut à vestris mentibus hujusmodi venenatum superstitionis facinus auferatur Nam qualiter ipsa quoque execranda haeresis damnata est latere vos non debet quia non solùm per istos ducentos annos abolita est sed quotidiano nobis anathemate sepulta damnatur hortamur ne quorum arma combusta sunt apud vos eorum cineres suscitentur That is Hilarius the Archbishop conservator of the priviledges of the Apostolick See and Iohn the Deacon in the name of God elect of the same See likewise Iohn the pronotary and conservator of the said priviledges and Iohn the servant of God Counsellor of the Apostolick See to our best beloved and most holy Bishops Thomianus Columbanus Chromanus Dimaus and Bathanus and to the Presbyters Chromanus Hermannus Laustranus Stellanus and Serganus also to Saranus and the rest of the Doctors or Abbots of Scotland The letters which were brought unto Pope Severinus of blessed memory have to this time received no answer by reason of his decease We having now unsealed them lest questions of such consequence should be too long unsatisfied do perceive some of your Province to be renuing an old heresie against the Orthodox faith and ignorantly refuse to celebrate our Easter in which Christ was offered observing the fourteench Moon after the manner of the Hebrewes Then shewing how and when Easter should be observed they subjoyn touching the Pelagians these words We further understand that the poison of Pelagian heresie is again breaking out among you wherefore we exhort you to beware and to keep your mindes free of that venemous superstition for ye should not be ignorant how that execrable heresie is condemnedâ— and by us every day anathematised notwithstanding that two hundred years since the same hath been abolished therefore we beseech you not to stirre the ashes of those who have had their Armes once burnt and consumed Beda setting down this letter saith that it was full of learning and contained evident proofes that Easter should be kept upon the Sunday which falleth betwixt the 15. and 21. of the Moon Whereas it was the custome of the Scots Church to keep it upon the Sunday falling betwixt the 14 and 20. which he calleth an heresie and taketh our Church to have been newly infected therewith neither yet the whole Church but some certain in it only But in this last he doth not agree with himself for speaking afterwards of Bishop Aidan he thus excuses his disconformity with Rome in the keeping of Easter quòd suae gentis authoritate devictus that he was overcome with the authority of his own Nation contra morem eâ—rum qui ipsum miserant facere non potuit and could not keep Easter contrary to the custome of them who had sent him So he ackowledgeth it to have been the custome of the Scots Church and not of a certain in it only And whereas he sayes that it was an error or heresie newly sprung up he greatly mistaketh for in the contention about the keeping of Easter which grew afterwards very hot we shall hear them plead the Antiquity of their custome and derive it from the very first times of the Church But that we may know how this contention grew and who they were that withstood the alteration desired we must make a litle digression The Saxons having overcome the Britains and brought the countrey of England to an Heptarchy by the partition they made of it were never quiet encroaching still one upon anothers state till at last one got all Ethelfrid King of Northumberland the mightiest of the whole after he had reigned 22. years with great avaâ—ice and cruelty was killed by Redwald King of the East Angles and Edwin whom he had expelled placed in his room this Ethelfrid left behind him seven sons Eufred or Eanfred Oswald Ossaus Oswin Offas Osmond Osik or Osrick and one daughter named Ebba who upon their fathers death fled into Scotland and were liberally entertained by King Eugenius the fourth notwithstanding the enmity betwixt him and their father whilest he lived Eighteen years they remained in Scotland exiled from their countrey and were by the care of the same Eugenius instructed in the knowledge of Christ and baptized Edwin being killed in the 17. of his Reign by Penda King of Mercia they returned all home Ebba onely excepted who remained still in Scotland The successour of Edwin named Osrick parting the Kingdom with Eufred the eldest son of Ethelfrid was made King of the Deirians and Eufred King of this Bernicians these two turning Apostates and forsaking the
Prince Gulielme his brother into France at the time of the league made with that people which to this day remaineth inviolate and by them it was that the University of Paris was first founded Scotus after he had stayed some years at Paris was imployed by the same Charles for founding an University at Pavia and was in great respect with all the Romane Church excepted who could nto away with the liberty he used in his reproofes of the errors then springing up his Treatise of the Eucharist a pious and learned work was by Pope Leo the ninth condemned in Synodo Vercellensi in the year 1030. long after his death Claudius Clemens was afterwards preferred to the Bishoprick of Auxew where he lived to his death in great esteem Alcuin commonly held to be Charles the Great his Master was made his Eleemosynar and lived in special credit with him The book that came forth under Charles his name against Images was thought to be penned by him for he was a man of great learning as the many books left by him to posterity do shew Ubique pius ubique doctus sayes Balaeus succinctus gravis ante multos alios praecipuè dignus qui in manibus hominum habeatur The English writers will have him born in their countrey not farre from the city of York To which I onely say that the English at that time being adversaries to the French and Scots speaking of them as common enemies to both people it is not probable if he had been of the English Nation that he would be so inward with Charles the Great Rabanus Maurus was his Auditor many years and under his hand grew to such perfection of learning that it is said Quòd nec Italia similem nec Germania aequalem peperit That neither did Italy breed his like nor Germany his equal Tantam viri eruditionem sayes Bruschius omnes Bibliothecae nobis commendant quantum ingenio valuerit edita ab eo valumina demonstrant Bibliothecam enim Fuldensem tanta librorum multitudine lacupletavit ut dinumerari vix queant All Bibliotheques do witnesse the rare erudition of that man and what a fertile ingenie he had the volumes published by him do shew The Library of Fulden he enriched with such multitudes of Books as can scarce be numbred And certainly who shall but read the catalogue of his works will wonder how any one man should in his life have penned so much and upon so divers subjects for besides that he did illustrate the whole Books of Scripture with his Expositions he left a number of profitable tractates in every Science to posterity After Clemens was gone from Paris he continued in the University some years and being made Abbot of Fulden upon a displeasure he conceived against the Monks he went to the Court of Ludovicus the Emperour where he had not long attended when upon the death of Otgarius Arch-bishop of Mentz he was elected to the government of that See Ten years he â—ate Bishop having no opposition made to him nor to his doctrine though he taught no other then what is with us in these times taught and professed as in his workâ— yet extant may be seen In this reckoning we must not forget our countreyman Maidulphus Scotus who was of great fame in these days for his skill in training up the youth in letters and kept a publick school at Caerbladon in Wiltshire there being as yet no University in England he also is said to have been a strong defender of the Bishop of Rome his authority and placed in that part by Eleutherius Bishop of the West Saxons for withstanding the British Doctors that opposed the Romane rites After some time bestowed that way embracing the Monastical life he erected an Abbey at Malmsbury which Aldelin his disciple and successour did much increase and from him it is thought that Malmsbury took the name being at first called Maidulphsbury or Maidulps city We are now at the 800. year or thereabout when as the warres were renewed betwixt the Scots and the Picts which brought in end the utter subversion of that people I mean the Picts Their Kingdom had continued near 1200. years under the Reign of 65. Kings and was fortunate enough till the days of King Feredeth who I know not by what ill counsel bare an heavy hand upon the Church and made spoil of her rents especially of the ornaments bestowed by his predecessour King Hungus upon the Church of St. Andrews the occasion of these troubles I shall briefly set down after I have remembred the magnificence of Prince Gulielme which ought never to be forgotten After the league contracted with France which he was sent to ratifie he followed Charles the Great in all his warres performing notable services especially in Italy where he was made Lieutenant for the King upon the end of the warres being grown in age he went to Germany resolving to bestow his means which were very great in founding religious houses which he did at Coleyn Franckford Vienna Herford Luneburg Wirtsburg Muleren and Ratisbone fifteen Abbeys and Hospitals they reckon founded by him some in Italy but the most part in Germany all which he indowed with a reasonable proportion of lands and rents but with this Proviso that none should be admitted therein but Scottish men born This for many years according to his appointment was observed and even at this time notwithstanding the manifold alterations that have happened there be some of these foundations that are no ways changed from their first institution They also may possibly decay yet the magnificence of that Noble Prince shall ever be recorded to his everlasting honour And now to the occasion of these troubles I mentioned There reigned in the time of King Achaius amongst the Picts Hungus a Prince well inclined and a great lover of Religion and Justice Athelstane King of the West Saxons having usurped upon divers of his neighbours and inlarged his Kingdome by subduing the Northumbers did likewise invade the Picts intending the conquest of that part of their Kingdom which lay next unto his Hungus hereupon did move King Achaius who had married Fergusiana his sister for some supply and he no lesse offended with Athelstans oppressions then was Hungus himself sent to his aid ten thousaud men under the leading of of Prince Alpin his son Hungus supplied with this power entered into Northumberland and having made great depredations returned home with a rich booty Athelstan following upon his heels overtook him at a little Village not farre from Hadington which put Hungus in a sore fright for a great part of his Army was dismissed and gone home yet not seeing a way to eschew the fight he gave order for the battel against the next day and in the mean time betook himself to prayer spending most part of the night in that exercise A litle before day falling into a slumber it seemed to him that the
external commodities and ornaments and such a one as would bring with him a perpetual peace together with the oblivion of ancient grudges and hatreds For should they take a stranger to be their King differing from themselves in language manners and lawes great evils and discommodities could not but arise as they might know by that which had fallen out in the like case to other nations by whose ensample he wished they should be made wise As for the part of England he said if they did find the minds of the Scots not estranged from peace they would remit somewhat of their right and be contented that the young Queen should be kept amongst themselves untill she were fit for marriage and might chuse a husband to her self by advice of the Nobility during which time all hostility should cease betwixt the two Kingdomes it being provided that the Queen should not be sent to any forain countrey nor contracted in marriage with the French King nor any other Prince which if the Scots would faithfully promise he would presently retire with his Army and recompense all injuries done since his coming into Scotland at the sight and estimation of honest men This letter the Governour communicated to his brother and to a few others on whose counsel he depended such as George Dury Abbot of Dunfermlin Mr. Archebald Beaton and Mr. Hugh Rig a Lawyer who gave him advice to suppresse the letter for they feared if the offers were published the greater part of the Nobility would embrace the same and in stead thereof they made a rumour to be dispersed through the Army that the English were come to take away the Queen by force and bring the Kingdome into subjection The Nobles and whole Army believing this to be the effect of the letter became mightily incensed Nor did any kithe so foolish as the Priests and Clergy men who dreaming of nothing but victory cried out that the English hereticks had no spirits and durst not come to a battaile But they found themselves deceived for upon Saterday the tenth of September 1547. the Armies joyning the Scots were put to the worse and many thousands slain few in the fight which lasted not long but exceeding many in the chase The English pursuing the victory came forwards to Leith where they remained eight dayes dividing the spoile and prisoners and in that time surprised the Isles of Inchkeith and Inchcolme in the river of Forth with Broughtie Castle in the mouth of Tay which places they strongly fortified In their return homewards they took the Castle of Home with the house of Fascastle and placed Garisons in the Townes of Haddington Lawder and Roxborough The Governour the Bishop his brother and such of the Nobles as escaped in the flight went to Striveling and there taking counsel what should be done with the young Queen concluded to send her to the Castle of Dumbarton under the custody of the Lords Areskin and Levingston and to advertise the King of France how matters went intreating of him a supply both of men and money Hereupon the next summer arrived at Leith three thousand Germanes under the charge of Count Rhingrave with as many French commanded by Monsieur de Andelot Monsieur de Mallery and Monsieur d' Ossel Monsieur d' Esse being General of the whole This supply did so hearten the Governour as gathering together an Army he beleaguered the Town of Haddington which the English had at that time made very strong The Nobility being there convened entered of new into a consultation touching the young Queen and the course that should be taken with her The French Generall desired she should be sent into France and espoused to the Daulphin which the Queen her Mother longed to have done The Noblemen were not of one minde for such as favoured the reformation were of opinion that the conditions offered by England which were then come to light should be embraced because that would bring with it ten years of peace at least in which time if either King Edward of England or the young Queen should depart this life all things would return to their first estate and if no such things happened yet the Kingdome being at rest and freed of the present troubles would grow to some better ease within it self and they might more maturely advise what course was fittest to be taken Delay they said in matters of such consequence was safest and that precipitation might bring with it a suddain but untimely repentance The rest stood all for the French most of them being corrupted with gold and others with large promises The Governour himself had an annuity promised of twelve thousand francks and a company of men at Armes to the Earle of Arran his sonne All these pretending the safety of the young Queen did reason that there was no other way to be rid of the English warres but that one For as long as the English have any hope said they to speed they will still be troubling but when they shall see the Queen gone and that there is no remedy they will cease from their pursuit The greatest number inclining that way it was concluded that the young Queen should be conveyed to France Shortly after the French Navy that lay at Leith giving out that they were to return home compassing the North Isles received her at Dunbrition and after much tossing at sea did safely land her in France The warres with England in the mean time went on and continued full two years till by the treaty of Bulloign in the yare 1550. a peace was made the Lord Chastilion being Commissioner for the French the Earl of Bedford for the English and David Panter Bishop of Ross for the Scots At that time were Normond Lesley Mr. Henry Balnaves Iohn Knox and others who had been kept partly in prison and partly in the Gallies since the taking of S. Andrews Castle put to liberty Mr. Iames Balfour had freed himself long before by abjuring his profession and was become Official to the Bishop of S. Andrews Iames Melvil died in the Tower of Brest in Britain William Kircaldie Peter Carmichal with Robert and William Leslies who were imprisoned in Mont S. Michael found means to escape before the Treaty and went into England Norman after he was freed returned into Scotland but fearing the Governour he went into Denmark where not finding that kind reception he expected he betook himself to England and had an honourable pension allowed him which was thankfully answered during the life of King Edward the sixt Queen Mary succeeding he found not the like favour and thereupon went to France where he had a company of men of Armes given him with which he served the French King in his warres against the Emperour Charles the fifth and in pursuing the enemy whom he had in chase was wounded with the shot of a Pistoll whereof he died the day after at Montreul He was
of Englands friendship And in her own Kingdome the late troubles not being fully appeased they considered her peril would be great and that she should be cast in many difficulties yet finding her own mind to incline that way and hoping to have her more subject to their counsels whilest she lived at home then if she remained in France they resolved to give way to her return and to provide a fleet for her safe transport Lord Iames at his coming though he was advertised of the conclusion taken yet dissembling his knowledge thereof did signify the great desire that the subjects had to enjoy her presence and their longing for her return using the best reasons he could to perswade her unto it Hereby she was much confirmed in her purpose and after a day or two imparting to him her resolution willed him to return with diligence and making advertisement of her journey take care that nothing should be attempted against the pacification made at Leth before her coming In March following there arrived at Leth one Noalius a Senator of Burdeaux bringing a Commission from the King that had now succeeded his brother whereby three things were craved First that the old league betwixt France and Scotland should be renewed Secondly that the late confederacie with England should be dissolved Thirdly that the Churchmen should be restored to their places from which they had been thrust The Councel not willing to medle with matters of that importance delayed his answer to the Convention appointed in May at which time Lord Iames returned he had audience and answer given him to this effect That the Scots were no way conscious to themselves of any breach of the ancient league but contrariwise the French had broken to them seeking of late 〈◊〉 deprive them of their ancient liberties and under the profession of friendship to bring them into a miserable servitude That they could not violate the contract made with England except they would 〈◊〉 accompted of all men living the most ingrate for having received the greatest 〈◊〉 and benefit at the hands of the English which one neighbour Nation could possibly 〈◊〉 another if they should requite them with such ingratitude they would bring upon themselves a perpetual and everlasting shame And for repairing the Churchmen in their places they said that they did not acknowledge those whom they so styled to be Office-bearers in the Church and that Scotland having renounced the Pope would maintain no longer his Priests and vassals Noalius dismissed with this answer the Earls of Morton and Glencarn who a little before this time were returned from England did relate the good acceptance they received from the Queen and the promises she made to assist them in the defence of the liberties of the Kingdome if they should stand in need at any time of her help which was heard with great content They had been trusted with a more private businesse this was to try if the Queen might be pleased to take the Earl of Arrane to her husband and that way to unite the Kingdomes in a more firm amity But to this she did in fair terms answer That she was not as yet wearied of the single life and professing her self adepted to the Noblemans good affection said that if she should try her kindnesse in any other matter he should find his love not ill bestowed The Earl took the repulse more patiently because of the French Kings death and trusting he should gain the favour of his own Queen whom he greatly affected but of this he was likewise disappointed as we will hear IN the Convention kept at Edinburgh in Ianuary preceding a form of Church-policy was presented and desired to be ratified Because this will fall to be often mentioned and serveth to the clearing of many questions which were afterward agitated in the Church I thought meet word by word here to insert the same that the Reader may see what were the grounds laid down at first for the Government of the Church so we shall the better decerne of the changes that followed The first Head of Doctrine SEeing that Christ Iesus is he whom God the Father hath commended onely to be heard and followed of his sheep we judge it necessary that his Gospel be truly and openly preached in every Church and Assembly of this Realm and that all Doctrine repugning to the same be utterly suppressed as damnable to mans salvation The Explication of the first Head Lest that upon this our generality ungodly men take occasion to cavill this we adde for explication By preaching of the Gospel we understand not only the Scriptures of the New Testament but also the Old to wit the Law the Prophets and Histories in which Christ Iesus is no lesse contained in figure then we have him now expressed in vertue And therefore with the Apostle we affirm that all Scripture inspired of God is profitable to instruct to reprove and to exhort In which books of Old and New Testaments we affirm that all things necessary for the instruction of the Church and to make the man of God perfect are contained and sufficiently expressed By the contrary Doctrine we understand whatsoever men by Lawes Councels or Constitutions have imposed upon the consciences of men without the expresse Commandment of Gods word such as are the vowes of chastity forswearing of marriage binding of men and women to a several and disguised apparel to the superstitious observing of Fasting-dayes difference of meats for conscience sake prayer for the dead and keeping of Holy dayes of certain Saints commanded by man such as be all these the Papists have invented as the Feasts so as they term them of the Apostles Martyrs Virgins of Christmas Circumcision Epiphany Purification and other said Feasts of our Lady which things because in the Scriptures of God they neither have commandment nor assurance we judge them utterly to be abolished from this Realm Affirming further that the obstinate maintainers and teachers of such abominations ought not to escape the punishment of the Civil Magistrate The second head of Sacraments TO Christ Iesus his holy Gospel truly preached of necessity it is that his holy Sacraments be annexed and truly ministred as seals and visible confirmations of the spiritual promises contained in the words These Sacraments are two to wit Baptisme and the holy Supper of the Lord Iesus which are then rightly ministred when by a lawful Minister the people before the administration of the same are plainly instructed and put in mind of Gods free grace and mercy offered unto the penitent in Christ Iesus when Gods promises are rehearsed the end and use of the Sacraments preached and declared in such a language as the people do understand when also to them nothing is added and from them nothing diminished and in their administration all things done according to the institution of the Lord Iesus and practice of his holy Apostles And albeit the order of Geneva which now
transporting of any Commodities of Normandy or any parts of France excepting the wine of Burdeaux and as the said persons shall finde the advantage to be so for making the trade equall the custome shall be advanced to the King in England and Scotland And for the part of those that have the advantage and according to the proportion of the said advantage the advancement of the custome to continue no longer then the priviledge having such advantage shall continue and that generally for all other Trade from any parts the English and Scottish subjects each in others Countrey shall have liberty of importation as freely as any of the native subjects themselves having speciall Priviledge Next concerning exportation It is agreed that all such goods as are prohibited and forbidden to English men themselves to be transported forth of England to any forein part the same shall be unlawfull for any Scottish men or any other to transport to any forein Nation beyond sea under the same penalties and forfeitures that the English are subject unto and reciprocally that forth of Scotland no English men shall transport to any forein part the Goods or Commodities that are prohibited in Scotland to Scottish men themselves Nevertheless such Goods and Commodities and Merchandises as are licensed to English men to transport out of England to any forein part the same may be likewise transported by Scottish men thither they certifying their going into forein parts and taking a Cocquet accordingly and paying the ordinary Custome that English men doe pay themselves at the exporting of such Wares The like liberty to be for English men in Scotland As for the Native Commodities which either of the Countreys doe yield and may serve for the use and benefit of the other It is agreed that mutually there may be transported forth of England to Scotland and forth of Scotland to England all such Wares as are either of the growth or handy-work of either of the said realmes without payment of any impost custome or exaction and as freely in all respects as any Wares may be transported either in England from part to part or in Scotland from part to part excepting such particular sorts of Goods and Merchandises as are hereafter mentioned being restrained for the proper and inward use of each Countrey And for that purpose it is declared That both this communication of benefit and participation of the Native Commodities of the one Countrey with the other there shall be specially reserved and excepted the sorts hereafter specified That is to say Wool Sheep Sheepfell Cattell Leather Hides and Linnen yarn which are specially restrained withâ—â— each Countrey not to be transported from the one to the other Excepting also and reserving to the Scottish men their trade of fishing within their Loches Forthes and Bayes within land and in the Seas within fourteen miles of the Coasts of the Realm of Scotland where neither English men nor any Strangers have used to fish And so reciprocally in the point of fishing on the behalf of England All which exceptions and restrictions are not to be understood or mentioned in any sort for a mark or note of separation or disunion but only as matters of policy and conveniency for the severall estate of each Countrey Furthermore it is agreed that all forein Wares to be transported forth of Scotland to England or out of England to Scotland by any of the Kings subjects of either Kingdomes having at their first entry once paid custome in either of the Kingdomes shall not pay outward custome therein afterwards save only inward custome at that Port whereunto they shall be transported But the owner of the Goods or the Factor or Master of the ship shall give bond not to transport the same into any forein part It is also agreed that Scottish men shall not be debarred from being associates unto any English company of Merchants as Merchant-venturers or others upon such conditions as any English man may be admited and so reciprocally for English men in Scotland It is nevertheless agreed by mutuall consent and so to be understood that the mutuall libertie aforesaid of Exportation and Trade in each part from the one to the other shall serve for the inward use only of either Realm and order taken for restraining and prohibiting the transportation of the said Commodities into forein parts and for due punishment of those that shall transgresse in that behalf And for the better assurance and caution herein It is agreed that every Merchant so offending shall forfeit his Goods The Ships wherein the said Goods shall be transported Consiscated The Customers Searchers and other Officers of the Custome whatsoever in case of consent or knowledge on their part to lose their Offices and Goods and their bodies to be imprisoned at his Majesties pleasure Of which escheats and forfeitures two parts shall appertain to his Majesty if the Customs be unfarmed and the third to the Informer and if the Customes be farmed one third of the forfeiture shall belong to his Majesty a third to the farmers of the Customes and the other third to the Informer The triall of the offence to be summar in either Countrey in the Exchequer Chamber by writ sufficient witnesses or oath of partie or before the Justice by Jury or Affise and his Majesties Officers in either Countrey to convene with the Complainers that interest in the pursuit As also for the more surety that there shall be no transportation of such Goods It is agreed that at the shipping of all such Native Commodities there be taken by the Customer of the Port where the Goods or Wares are imbarked a Bond or Obligation subscribed by the Owner of the said Goods and Master of the Ship by the Owner if he be present and in case of his absence by the Master of the Ship and Factor or party that ladeth the same which Bond shall contain a summe of money answerable to the value of the Goods with condition of relieving the party obliged and discharging him of the said Bond in case return be made of a due certificate to the Custome where the Goods were laden from any part within England or Scotland The Certificate to be subscribed and sealed by the Officers of the Customes of the part where the said Goods shall arrive and be unladened or if there be no such Officers there by the Chief Magistrate and Town Clerk of that Harbour or Town under their hand and Seal It is further agreed touching the indifferent fraighting of Comodities either in English or Scotish bottomes that English men and Scotish men fraight and laden their goods each in others Shâ—ps and bottoms indifferently paying only English Scotish custome notwithstanding any contrary laws or prohibitions And that a proposition be made to the Parliament of England for establiâ—ing some good orders for upholding and maintaining the great fishing of England as likewise that a proposition be made
particulars it was desired That the persons nominated in Parliament for the matter of policy or juridiction of the Church should be ordained to meet at a certain day and place for concluding the same This was promised and the eighth of August appointed to that effect but the Diet did not hold and so these matters continued unresolved as before In the end of the Assembly the Bishop of Orkney who had been deposed from all function in the Church for the marriage of Bothwel with the Queen was upon his submission reponed to his place and for removing the scandal he was injoyned in his first Sermon to make publick acknowledgement of his fault and crave forgivenesse of God the Church and Estate which he had offended About the end of September the Regent and those that were joyned with him in commission took their journey into England and came to York the fifth of October the same day and almost the same hour came Thomas Howard Duke of Norfolk Thomas Earl of Suffex and Sir Ralph Sadler Chancellour of the Dutchy of Lancaster having Commission from the Queen of England to hear and determine all questions controversies debates and contentions betwixt her sister the Queen of Scots and the subjects adhering unto her on the one part and the Earl of Murray and others refusing to acknowledge her authority and adhering to the Prince her son on the other as likewise to decide all matters depending betwixt them two to confirm the peace before that time contracted or establish a new confederation betwixt them their people and subjects as they should think most convenient Some two days after Iohn Lesley Bishop of Ross William Lord Levingston Robert Lord Boyd Gawan Commendator of Kilwining and Iames Cockburn of Skirling Commissioners for the Scottish Queen came to the City where being all convened and the Commissions exhibited an oath was presented to both parties by the Commissioners of England by which they were required to swear That they should proceed sincerely in that conference and treaty and neither for affection malice or any other worldly respect propone any thing before the Commissioners which in their consciences they did not hold to be true just and godly and reasonable as also not to withdraw hide or conceal any matter fit to be opened and declared for the better knowledge of the truth in the controversies standing amongst them The Commissioners of the Queen of Scotland before they took the oath protested That although the Queen their Mistresse was pleased to have the differences betwixt her and her disobedient subjects considered and dressed by her dearest sister and cousen the Queen of England or by the Commissioners authorized by her yet she did not acknowledge her self subject to any Judge on earth she being a free Princesse and holding her imperial Crown of God alone This their protestation they desired to be put in record left the Queen or her posterity should be prejudiced in their Soveraignty by the present proceedings The Commissioners of England did contrariwise protest that they did neither admit nor allow that protestation in any sort to the hurt or prejudice of that right which the Kings of England have claimed had and enjoyed as superiours over the Realm of Scotland which Superiority they protested should belong and appertain to the Queen their Mistresse in the right of the Crown of England These protestations made both parties took the oath in manner as was required and this was the Act of the first meeting The next day the Commissioners of the Queen of Scotland presented a Declaration in writing bearing that Iames Earl of Morton Iohn Earl of Marre Alexander Earl of Glencâ—rne the Lords Homes Lindesay Ruthven Simple Cathcart Ochiltrie and other their assistants had levied an Army in the Queens name against the Queen taking her most noble peron used her in vile manner and thrust into prison in Lochlevin and forcibly broken her Mint-house taken away the printing Irons with all the silver and gold coyned and uncoyned which was in the house for the time And going to the Castle of Striveling and made a fashion to crown her sonne the Prince being then but thirteen moneths old That Iames Earl of Murray taking upon him the name of Regent had usurped the Royal authority and possessed himself with the whole forts Castles Munition Jewels and Revenues of the Kingdom And when it had pleased God to relieve her out of that prison wherein she was so straitly detained by the space of eleven moneths as none of her friends and true subjects could once be permitted to see or speak with her and that she had publickly declared by a solemn oath in the presence of divers of the Nobility at Hamilton that whatsoever was done by her in prison was extorted by force threats and fear of death she out of that natural affection which she carried to her realm and subjects did appoint the Earls of Argile Eglington Cassils and Rothes to agree and make a pacification with the said Regent and his partakers but they were so farre from admitting any peaceable Treaty as they did invade her in her passing to Dumbritton with the men of Warre whom she had hired with her own moneys killed divers of her faithful subjects led others away prisoners and banished some of good note for no other cause but for serving faithfully their lawful Princesse and so after a great many injuries had forced her to flye into England to request the help of Queen Elizabeth her dearest sister and in blood the nearest Cousen she had in the world for restoring her in her former estate and compelling her rebellious subjects to acknowledge their due obedience unto her Majesty which they in her Highnesse name did most instantly intreat The day following which was the ninth of October the Regent and rest of the Commissioners for the young King appearing before they would give any answer to the preceding writ craved first to be resolved Whether the Duke and those that were appointed with him for hearing their controversies bad power to pronounce in the cause of the Kings Mother guilty or not guilty and if according to the same they meant to give sentence without delay As likewise if it should appear by the Declaration they were to make that the Queen of Scots was guilty whether she should be delivered in their hands or detained in England and if the Queen of England would from thenceforth maintain the authority of the King and the Regency established in the person of the Earle of Murray Which points they desired to have cleared before they could enter into the accusation intended The Duke of Norfolk replied that they would proceed according to the Commission given unto them and render an account to her who had trusted them therewith Lethington upon this turning himself to the Regent said That it seemed the English haâ— no other purpose but to defame and disgrace the reputation of